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The construction of a family's dream home in Epsom has erupted into a row over the preservation of Auckland's volcanic cones.
Unbeknown to the Lowyim family, the Volcanic Cones Society, Auckland City Council and the Department of Conservation have been arguing over whether or not their new home is in breach of a long-lost 1915 act prohibiting steep cuts on Auckland's volcanic cones.
The first Allen Lowyim knew about the row was an email on Tuesday night from his architect informing him the council was looking at stopping work on his property in Market Rd, backing on to the Mt St John volcanic cone.
The council withdrew the threat on Wednesday after legal advice that the only way to stop the work was to seek an injunction in the High Court. The society also indicated it would not take the Lowyim's case further. Besides, earthworks on the cone have already taken place, society spokesman Greg Smith said.
Last night, Mr Lowyim was "relieved" but perplexed: "We haven't done anything wrong. We have obtained all the consents that we were supposed to."
The council did not inform Mr Lowyim of the act when he applied for resource consent in 2005.
Mr Smith said the society would continue pressing the council to address the 1915 act.
The argument centres on a clause in the act which states it is unlawful to make a cut of any kind on private land up against a public reserve on the side or slope of a volcanic cone greater than 40 degrees from the top of the cutting.
The society believes the council has refused to take action under the act even though the act is still on the statute books and attached to the Auckland City district plan.
Senior council planner Paul Arnesen said the act had "fallen off the radar" but the council was now advising people of its existence and potential impact for resource consent applications.
Mr Arnesen said the act did pose difficulties for anyone wanting to do alterations or build a new house up against a volcanic cone because any retaining walls or walls of a house would exceed the allowable measurement.
"The way I see it, any person has to go to the Department of Conservation and they have to make a recommendation that then goes before cabinet. Cabinet will be sitting down to look at Mr and Mrs Jones house ... and whether they should give authorisation to build a third bedroom on their house," Mr Arnesen said.
Department of Conservation community relations manager Warwick Murray said the act was not part of councils' responsibilities under the Resource Management Act process but he believed councils should bring it to the attention of applicants.
