Queenstown man charged under LGA for illegal structure on road reserve

A Queenstown man has been convicted and fined under the Local Government Act 1974 (the Act) after he illegally erected a building on a public road reserve without Council’s approval.

The defendant was found guilty in a judge-alone trial for breaching section 357 of the Act, following proceedings brought by Queenstown Lakes District Council (QLDC).

The charges were for encroaching on a road by erecting a building on the road reserve adjacent to a property at Fernhill. The defendant acted without the Council's consent, and the encroachment was not authorised by or under any Act. The offending continued for 875 days (about 2 and a half years).

Council officers made several attempts to engage with him to achieve voluntary compliance. However, when these efforts were unsuccessful, Council initiated prosecution proceedings.

In a decision of the District Court, His Honour Judge Williams delivered a full and reasoned decision which accepted Council’s survey evidence, confirming that the building was located on the road, not the defendant’s private driveway as he claimed, and this was done without Council’s consent.

The Court found the man guilty, fining him $22,655 for the offence and ordered him to pay $20,000 towards Council’s legal costs.

QLDC Monitoring, Enforcement and Environmental Manager Isabelle Logez said the case highlights the importance of seeking approval before carrying out any works on public land.

“Making sure that Council has assessed and approved proposals helps keep people safe and protect public infrastructure,” said Ms Logez.

“We hope this case serves as a reminder to check with Council before starting any building or structural work on public land.”

Under the Local Government Act 1974, any structure placed in a road reserve without authorisation is unlawful. Council is engaging with the defendant to remove the structure.

QLDC encourages anyone planning works within a road reserve to seek guidance in advance. More information about applying for a Licence to Occupy or submitting a Corridor Access Request is available on the QLDC Permits or Corridor Access webpage, or by contacting QLDC Services.