Central Otago District Council (CODC) on Wednesday (July 19) approved the closure of an unformed portion of Branxholm Street in Roxburgh, subject to the applicants paying all costs, including paying market value for the land on which their property encroaches.

Property owners Sharyn and Noel Miller appeared in the public forum before council considered the matter, arguing that there was no evidence to show their cottage was not built before the road.

“Before 1930, the cottage didn’t encroach, after 1930 it did,” Sharyn said.

The request to close the road was first tabled at the Teviot Valley Community Board in March and was referred to the council’s April 19 meeting. The road stopping request was to legalise an historic encroachment of part of the house, in accordance with the provisions of the Public Works Act 1981.

The community board recommended to council that the applicants pay all costs associated with the stopping, and in addition pay $1 for the transfer of the land and obtain consent of their neighbour. 

The matter was left on the table at the April meeting pending receipt of more information regarding when the road was originally surveyed and whether the road reserve was defined prior to the house being built. 

The council on Wednesday considered the additional information that had been gathered. 

The date the dwelling was built is unclear, however the encroachment of the building on council unformed road was clearly evident on the certificate of title from 1958.

Councillor Tracy Paterson asked the Millers if there were any of the options before council other than option 1, with the $1 fee for the land transfer, that would be acceptable to them.

“We just want to be legal,” Noel responded.

Council staff in their report said option 1 would be contrary to roading policy, would not be consistent with other private road stoppings that had been approved, could set a precedent, and no income would be received for the purpose of addressing public roading matters.

CODC property and facilities manager Garreth Robinson clarified that in similar situations where council land encroached on roading, council paid market valuation for the land

Mayor Tim Cadogan said mistakes on historical documents were not uncommon in the region.

“The nature of living in a historical area is that there are going to be a number of these mistakes, and they’re gradually being picked up on,” he said.

Cr Sally Feinerman, who also sits on the Teviot Valley Community Board, said several road stopping issues had come before the board, “and every time, the person has paid for that”.

Cr Cheryl Laws asked how often in a similar situation had council made a decision to go against the roading policy. 

“I am not aware of any times,” interim chief executive officer Louise van der Voort said.

Relevant to the decision was the fact it was a property owner’s responsibility to be aware of the location of boundaries before buying property, and the encroachment was listed when the Millers purchased the property in 1958.

The council moved that the applicants pay all costs associated with the stopping including purchase of the land at valuation; that they obtain the consent of the adjoining owner; the land be amalgamated with record of title; the stopping be approved by the Minister of Lands; and the final survey plan be approved by the chief executive officer.