Retirees claim Northland dream property fouled by neighbour’s sewage

Aggrieved... Diane Oliver says her grandchildren used to love their swing under a stand of protected native trees on her and her husband’s property but a neighbour’s use of an effluent easement and failures of his sewerage system have made the area a health and safety hazard. Photo / S Curtis

Retirees Peter and Diane Oliver believe it’s morally reprehensible a neighbour could continue dispersing household sewage beneath their protected native trees.

The Olivers concede they were caught out by a succession of failures — including their own lawyer’s — when they purchased their dream two-hectare lifestyle block on the outskirts of Whangārei in 2018.

Only after final settlement did they discover the land came with an easement that allowed a neighbour to discharge his treated sewage under the couple’s covenant trees — trees for which they are legally responsible.

The couple claims they spent the rest of their life savings (about $40,000) trying to get the easement removed — to no avail.

Now, seven years on — as they and an arborist predicted from the outset — all the mature trees directly within the unwanted effluent field have died.

An aerial view of Diane and Peter Oliver’s property near Whangārei shows a group of trees that have died in a covenant area. The dead trees are in a sewage dispersal field installed by their neighbour.

Their neighbour, who did not want to be named, admitted in an email to them that his system had failed — the soil wasn’t as absorbent as he expected and the overhead tree canopy hampered evaporation.

However, he had not taken responsibility for the death of the trees (totara and other species), which he told the Olivers could have been caused by numerous other factors including the weather or their four sheep.

He told the Advocate the easement for wastewater management was already in place when he purchased his property and that he had previously worked in good faith with the Olivers to ensure the easement space was utilised appropriately.

Earlier this year, Northland Regional Council (NRC) fined him $750 after he twice failed to adequately cover sewage lines and mop up pools of effluent that had escaped the confines of its 310 sq m designated area.

The Olivers believe because of that and the dead trees, the regional council and Whangārei District Council (WDC) should intervene to ensure the easement is no longer used.

However, both councils said they did not have the jurisdiction to remove an easement or prevent someone from using it if they were legally entitled to do so and that the matter is a civil one between neighbours.

Sewage has escaped from the slope of its designated fenced area affecting more of the land in a conservation covenant on the Oliver's property. Photo / S Curtis

The regional council’s compliance monitoring manager Tess Dacre said NRC’s role was limited to working with the neighbour to redesign his system to ensure it met NRC’s environmental requirements.

District council Resource Management Act (RMA) consents manager Jarred Martin said WDC’s role was to issue the necessary consent if the new system met the requirements of the Building Act.

The Olivers claim WDC has an overarching governance responsibility for the covenanted area and enforcement powers over it. The couple pointed to a 2019 letter to their lawyer from the district council’s lawyer Rice Spier, which confirms that governance role.

The WDC letter also confirmed the conservation covenant did not allow for the installation of the sewerage disposal system but stated that council would not prosecute because it had been aware of the easement being a condition of the subdivision. The letter further said, if necessary, WDC would be willing to change the conservation covenant to allow the sewage disposal system.

The couple questioned why the council prioritised the neighbour’s sewerage system over their protected trees. Both councils seemed to have ignored provisions in the Reserves Act 1977 designed to protect the trees and the rights of landowners, the Olivers said.

Last week, they issued formal notice to the Minister of Conservation, NRC, WDC, and their neighbour, that under the Reserves Act, a landowner must approve of an activity before the relevant authority issues building consent.

The Olivers claim they are still in the dark about their neighbour’s new plan for the easement area, other than his disclosure, that he intended to keep his sewerage system under the trees and expand the lines further around the easement area.

A block of protected native trees on Diane and Peter Oliver’s land used to be a fun place for their grandchildren to play. Photo / supplied

The couple claims that if that were allowed, it would probably kill all the remaining trees in their protected area. And — given their legal duty of care for those trees — they would be responsible.

The more than 60-year-old trees had been a particular drawcard for them to the property, the Olivers said. Their grandchildren used to enjoy a walking trail, go-kart track, and a swing under the trees, but the couple claimed the neighbour’s sewerage system made the area a health and safety hazard.

NRC group manager regulatory services, Colin Dall said because of Northland’s dispersed population, with many people living in small communities or remote areas, there was a heavy reliance on onsite domestic wastewater treatment systems. Most were permitted under the regional plan as long as they complied with relevant rules. The rules did not prevent the discharge of wastewater into or onto areas of bush or covenanted bush areas, which was not uncommon.

Martin for WDC said, “While it would not be appropriate for us (WDC) to speculate on the cause of damage to the trees or any civil dispute between the parties, we will continue to support the parties where we can within our powers”.

Sarah Curtis is a news reporter for the Northern Advocate, covering a range of issues. She has nearly 20 years’ experience in journalism, most of which she spent court reporting in Gisborne and on the East Coast. She is especially passionate about covering stories involving environmental issues and giving a voice to people that often go unheard.