Police investigate Marc Ellis driveway feud

Marc Ellis had a message for his neighbour: "If your bed is on the edge of a cliff don't keep climbing out the wrong side." Photo / Richard Robinson

Ex-All Black calls cops after neighbour digs up finished work and dumps it on his land.

Police have visited the Waiheke Island property of Marc Ellis this morning to take photos of rubble dumped on his driveway by a neighbour.

The Herald revealed this morning the former All Black was involved in a dispute with neighbour Briar Ross over a driveway he'd built last year.

Ross had a friend with a digger rip up the driveway on Saturday.

Sergeant Peter Knight told the Herald this morning that police had visited the property again to take more photos. He had been to the property on Wednesday after police were contacted by Ellis.

He said "no more action has been taken at this moment... early next week maybe".

This morning Ellis said he was "amused" by how the situation had progressed.
Ross said she had not been contacted or visited by police today but had received "a lot" of positive feedback about her actions.

"I've had lots of positive things - texts from people, got a free coffee in my coffee shop for persevering in the fight for democracy."

The disagreement started last year when Ellis began earthworks for a driveway to his new holiday home, located on the prestigious gated community of Matiatia Estate.

His neighbour Briar Ross, a jazz singer who has owned a 2ha property on the estate for 11 years, believes Ellis put the driveway in illegally and says it made the shared access look "horrible", so she took it upon herself to remove it.

Briar Ross stands with the disputed driveway on her property on Waiheke Island. Photo / Jason Oxenham

"I got a digger friend of mine to pick it up and I've put it back on Ellis' property."

Last year, Ross tried to stop the driveway being built by sending a legal letter to Ellis saying he did not have consent from 80 per cent of the five neighbours who jointly own the private lane.

Yesterday, Ellis said that while he did not legally need the neighbours' consent, he had it anyway.

"If she wants to see that evidence she can do so through the appropriate legal channels. I have building consent; I have resource consent; I have the neighbours' consent and she has tried the Disputes Tribunal, to no avail. So she is now resorting to illegal activity which has earned the attention of the police and I understand they are following due process."

He said it was a lawful driveway "until she brought a digger in" on Saturday.

Ellis had a message for his neighbour: "If your bed is on the edge of a cliff don't keep climbing out the wrong side."

The construction work started last year with contractors removing a fence and building a boulder retaining wall for the new driveway.

Last weekend, after digging up the retaining wall and driveway, Ross started to rebuild the old fence.

"We were in the process of reinstating the fence when the police arrived," she said.

Sergeant Peter Knight of the Waiheke station said he went to the property on Wednesday after police were contacted by Ellis.

"There was some dirt and rock dumped on his driveway preventing the contractors from entering and she [Ross] has been asked to remove that."

No charges had been laid against Ross, but Mr Knight said "that's to be sorted depending [on] what she does".

He said he could not comment further on the incident as "it is a civil matter between Briar and Marc".

Yesterday, the driveway rubble was still on Ellis' property and Ross said she had no plans to remove it.

She said her property, which she is currently renting out, was for sale and that was one of the reasons she was "upset".

"Because what he's planning to do there I believe devalues it ... It just looks horrible and it just makes it look like Spaghetti Junction."

An Auckland Council spokeswoman confirmed yesterday that resource consent had been granted for Ellis' property in October 2013.

The saga

• Former All Black Marc Ellis bought the 1.5ha Waiheke property in January 2013.

• The property was granted resource consent in October 2013.

• In 2014, Ellis began earthworks for a new driveway leading to his holiday home.

• In July, neighbour Briar Ross sent Ellis a legal letter trying to stop the driveway construction, but failed.

• Contractors for Ellis removed a fence and built a boulder retaining wall for the driveway.

• On Saturday, Ross asked a "digger friend" to remove the retaining wall and some of the driveway, and dumped the rubble on Ellis' property.

• On Wednesday, she started to rebuild the old fence, but was stopped by police called by Ellis to the property.