Letters to the Editor

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CCF issues highlighted
In his comments with the Focus article of July 19 (Wastewater fee frustrates locals) the (Kaipara) mayor, Dr Jason Smith, told us a good deal of what we already know and skillfully avoided the main issues. I think these issues need highlighting.

Dr Smith frequently refers to “property developers”. We need to remember that the role of property developers is to make a profit and, the larger the profit, the more successful the developer. It is pleasing to know that Council works with developers to create the infrastructure for their projects, but surely, if the infrastructure passes by an existing dwelling to reach a project, it is hardly fair to expect the existing home owner to fund it. Dr Smith describes this as a “growing pains effect”, but it amounts to little more than a subsidy for the developer. These costs should either come from the developers profits or be absorbed by the future income that the project will generate for Council.

My home was built nine years ago, when connection to the scheme was not available, and I have a modern, Council approved septic system. My neighbour is building and has decided to connect and to reach him the pipe has to go in front of my property. No problems, but then why should I be required to pay a “capable of connection fee” (CCF) when I don’t want it, need it nor intend to use it? I believe that this is simply Council abusing its power. Dr Smith speaks of a “least cost approach” as “best policy”, very vague terms that can be liberally translated with unknown implications for property owners. Does this mean that “Stalin-esque” (to coin his own phrase) methods may be used to collect funds?

The Council website, under Services, Fees and Charges, states: ‘We set fees and charges on a user-pays basis to ensure that rate increases are kept to a minimum.’

Somehow this doesn’t ring true, when a ‘non-user’ is being forced to pay for something specific, that he doesn’t need, want, nor intend to use and his rates increase is 30 per cent! (Last year, it would have been 50 per cent). Are there any other stated Council policies that we should all consider as “untrustworthy”?

My research took me to the Local Government Act, 2002, Schedule 12, which states unambiguously that to undertake work on private property without permission, the Council must notify the property owner, who then has the right to object. The pipe has been installed on a private road, with an endpoint on my private property. No such notification has ever been received. To summarise, Council has installed a pipe on private property without following the procedures laid down by common law, thereby depriving me of my right to object, and now wants to charge me for this unwanted facility of dubious legality.

I have offered Council a solution which involves only a minor tweak in current policy and which would be very fair to both Council and property owners, but which was rejected. The simple suggestion is that a CCF does not come into effect until a property is sold; no problem for existing owners, a purchaser would know that this is a condition of purchase and only a minor and temporary income loss for Council.

Dr Smith, I’m sure you are aware that there is considerable ill-feeling about the CCF in our community. It would be very much to our mutual advantage, if we could reach an amicable settlement now and I believe it would earn you the respect of many ratepayers who are either in or likely to soon be in a similar position.

Jim Fountain
Mangawhai

 

In response:
Unfortunately the letter of Mr Fountain contains several factual inaccuracies. I’m concerned there’s a misunderstanding that Council is laying pipes, such as those near his property, when it doesn’t.

The fact remains that development in Mangawhai is led by developers, not by Council. Across Mangawhai it is the chosen project and pipes of any developer, which are constructed to the standard set by the Council, and then, when completed, vested in Council.

In principle, when it’s the Council’s project, such as the current Moir St intersection upgrade, then Council will engage with affected parties; but not all projects are Council-led. There may be misunderstanding that Council does all engagement about projects which are developer-led when it does not. It’s with developers to engage with neighbours and those affected by Capable to Connect fees, not with Council.

We are looking into the process that the developer followed to install this line. We will discuss that directly with Mr Fountain when the information is available.

I’m sad that there is misinformation out there in the community about this subject but appreciate there are frustrations with the growing pains of the place.

Dr Jason Smith. Kaipara mayor

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