Council provides go ahead for critical Kaitaia Water Project

Far North District Council has released a decision on accessing land owned by Elbury Holdings Limited that is required for a water pipeline to supply Kaitaia.

The decision was made during an Extraordinary Council meeting held on 14 December.  

The Council has investigated options to provide Kaitaia with a more resilient water supply for a number of years and two separate reports have identified the Sweetwater bore as the most viable source. The bore is on privately-owned land. However, a subdivision and separate titles have been agreed and transfer to Council ownership is in its final stages. A 13.5km pipeline will be built to connect the bore to the Kaitaia treatment plant. Easements are required for the security and maintenance of that pipeline. Agreement in principle has been reached with all landowners except Elbury Holdings Limited. Final agreement with the other affected landowners is contingent upon the final route through the Elbury Holdings Limited property.

Councillors reviewed several different route options before deciding on a preferred route. It “represents best value for the ratepayer. It is the shortest route through the Elbury’s property while aligning to the fences and boundaries identified by Elbury Holdings.”

Section 181 of Schedule 12 of the Local Government Act confers extraordinary powers to councils to construct or undertake works on private land without the landowner’s consent. This is an extraordinary power which needs to be exercised with caution after all reasonable endeavours to negotiate in good faith have been exhausted or matters of public health and safety are such that prolonged and frustrated negotiations are proving to be barriers to enable the delivery of urgently required public infrastructure works.

While the Council is sympathetic to the Elbury Holdings Limited situation, ultimately it considered the correct legal processes had been followed and that as a critical public safety investment project, the Kaitaia Water Project cannot be further delayed. The Council accepts the works are required and are to proceed.

If it does not accept the outcome, Elbury Holdings Limited still has the option of appealing the Council’s decision through the courts.