Asha Harry
From:
BUS: Assurance
Subject:
FW: Kio Crescent and 110 Te Anau Road
From:
Sent: Friday, 19 June 2020 2:20 PM
To: Raewyn Picken
Subject: RE: Kio Crescent and 110 Te Anau Road
Raewyn
Please revert with an answer for the below question. I APPRECIATE THIS IS LEGAL BUT PLEASE
FOLLOW UP – THIS IS VERY IMPORTANT AS ALL KIO RESIDENT RATEPAYERS OPPOSE AND
YOU CAME BACK TO 110 WITH A APPROVAL FOR A PERMIT BASED ON THIS 110 NEEDS A
ROW BUT HIS TITLE ALREADY SAYS HE HAS A RIGHT OF WAY SO WHY ANY NEED TO
APPROVE A PERMIT ON THIS BASIS? –
Also 110 Te Anau title has clearly stated
K3396 Conditions of consent by the WCC to the granting or reserving of rights of way over Lot 49
DP7425 (AKA kio crescent) AS APPURTENANT TO THE LAND HEREIN BUT AS NOT
APPURTENANT TO ANY SUBDIVISION THEREOF
K14675 condition of concent by the WCC to the granting or reserving of rights of way over Lot 49
DP7425 (AKA kIO cRESCENT) AS APPURTENANT TO ...... BUT NOT APPURTENANT TO
ANY SUBDIVISION THEREPF
Hi Raewyn
Thanks for getting back and onto this.
So the question still remains for all Kio residents:
If 110 obtains a private legal right of way across Kio through the high court, given all Kio residents
opposition and reasons for not granting an encroachment licence will you, the counvil, then retract or
at the very least re review the approval of tgat encroachment license if no need for it as a private
right of way on their title will exist. Please advise a straight yes the reasons or no the reasons.
Thanks
1
Sent from Mail for Windows 10
From:
Sent: 15 June 2020 17:03
To: Raewyn Picken
Subject: Re: Kio Crescent and 110 Te Anau Road
Hi Raewyn
Thanks for getting back and onto this.
So the question still remains for all Kio residents:
If 110 obtains a private legal right of way across Kio through the high court, given all Kio residents
opposition and reasons for not granting an encroachment licence will you, the counvil, then retract or at the
very least re review the approval of tgat encroachment license if no need for it as a private right of way on
their title will exist. Please advise a straight yes the reasons or no the reasons.
Thanks
On Mon, 15 Jun 2020, 16:45 Raewyn Picken,
wrote:
Hi
Council’s approval was approved on a common law right called frontager rights. This is a private legal
right that vests in owner(s) of land where that land adjoins legal road. Unfortunately, Council cannot stop
owners of land accessing legal road (formed and unformed road) from their property as it is their legal
right. The owners may be attempting to negotiate a private right of way rather than undergo with this
proposal.
Kind Regards
2
Raewyn Picken
Encroachments Team Leader | Property | Wellington City Council
W Wellington.govt.nz |
|
From:
Sent: Friday, 12 June 2020 3:25 PM
To: Raewyn Picken
Subject: Re: Kio Crescent and 110 Te Anau Road
Please do Raewyn as he got council approval based on not having legal ROW yet this will give him legal
ROW and thus no need for permit on that basis and then council will be able to take into consideration all
of those views ie every ratepaying resident compromising thes whole crescent. Looks like he duped the
council first!
On Fri, 12 Jun 2020, 15:20 Raewyn Picken,
> wrote:
Hi
I’m sorry but this is a legal question which I’m unable to answer immediately, I would need to seek
advice.
Kind Regards
Raewyn Picken
Encroachments Team Leader | Property | Wellington City Council
W Wellington.govt.nz |
|
From:
Sent: Thursday, 11 June 2020 1:08 PM
3
To: Raewyn Picken
Subject: Kio Crescent and 110 Te Anau Road
Morning Raewyn
Advise please.
As discussed the bottom line as we all now know (despite very strong opposition from all kio residents)
was that council approved that permit to 110 Te Anau road on the basis that they hadn't legal access
across Kio Crescent so the council had no choice but approve as an initial 'paving the way' to build a new
road.
My question is if they had a legal right of way set in stone at the highcourt to have full access to their
property would you have been able to not approve ?
Further if we gave them full legal access would you be able to retract your approval as then np basis on
which they require it?
Please advise as they have now served legal papers on us all to get legal right of way across the crescent
which if granted negates their initial argument to build a whole new road.
Please reply as soon as possible.
Kind regards
4
