Property bylaw 'gutless and expensive'

A bylaw forcing landlords to tidy up dilapidated commercial buildings could be useless and costly, say frustrated South Wairarapa District councillors.

The council is investigating an unoccupied commercial buildings bylaw, similar to what Upper Hutt City Council adopted recently.

The Upper Hutt council has used it successfully, but so far it hasn't been challenged by landlords in court.

At a meeting on Wednesday, councillors discussed a report that said council wouldn't be in a strong position to enforce the bylaw.

Mayor Adrienne Staples said she was concerned it would be expensive to put in place and costly if taken to court.

"I certainly couldn't support going to the expense, because it is a considerable expense, to put a bylaw in place that's not going to do the job, just to be seen to be doing something.

"I am as frustrated about this as anybody but I can't support it.

"I don't want to see council go down a track with a law we can't use. The bylaw doesn't fix the problem because it's gutless."

Councillor Solitaire Robertson said there was no point in having the bylaw if council couldn't use it. She wanted council to seek specialist legal advice.

"I would like to see us spend a little bit of money to look at every legal option."

Councillor Brian Jephson said the sticking point, outlined in the report, was that the bylaw could not authorise council to enter and interfere with private property.

It conflicted with basic property rights and possibly the NZ Bill of Rights Act 1990, specifically the right to be secure against unreasonable search and seizure of property.

Mr Jephson said council needed to get the law behind it instead of going in head on.

Deputy mayor Viv Napier said she was concerned if it came to the crunch the bylaw would not stand up in court.

"I would like it to work but I can't see it working.

"If we went down the track to getting some legal advice, and have it sitting there, it could be implemented at a later date if Upper Hutt had a successful foray into the court."

Councillor Colin Olds said the report erred on the side of caution and moved to introduce the bylaw.

Councillor Julie Riddell said she couldn't see any point proceeding with it.

"I support seeking a legal opinion to see if there is some other act we can invoke."

David Montgomerie also said he supported getting legal advice.

He said something could be done with the council's policy on dangerous and unsanitary buildings to deal with the buildings.

Mrs Staples said the policy only meant landlords had to make buildings safe to walk past, not rentable.

Just because the buildings were tidied up, shops would not necessarily open up.

She said even in the past, in more buoyant economic times, Featherston still had empty shops.

"Up and down the whole country, small rural towns are struggling."

All councillors, excluding Mr Olds, moved to not introduce the bylaw but to seek legal advice from a resource management lawyer to examine all avenues.

Councillors Max Stevens, Margaret Craig and Dean Davies were not at the meeting.