Council and police move against Fernhill 'house' on footpath

Queenstown Lakes District Council staff, assisted by police, have moved against a Fernhill resident, who was living in what appears to be a small house, or site office, on a footpath.

It was confirmed to Crux today that the QLDC has investigated an alleged encroachment on the council's road reserve adjacent to 9 Caples Place.

A spokesperson says, "Council has filed a charge with the courts against the alleged offender involved. The charge concerns an alleged breach of the Local Government Act 1974. While this matter is before the court, council officers will not be making further public comment."

When Crux visited today the dwelling was abandoned and there was no answer from a phone number linked to the address.

A neighbour told Crux there had not been a good relationship between the two people occupying the temporary dwelling and the rest of the street, with complaints including trade vehicles blocking the roadway.

Correspondence, seen by Crux, between the QLDC and the person who owned the dwelling - or site office - shows two issues at the centre of the visit by staff and police. One was the positioning of the structure on reserve land - being the footpath. The second is the alleged unlawful occupation of it overnight.

The correspondence suggests the site owner had permission to build a driveway across the footpath, but not to put the moveable building on the reserve land/footpath or live in it overnight.

The building includes a clothes line, rubbish bins and gas bottles as well as a power connection.

Emails seen by Crux suggest the owner was asked in 2023 to apply for  a 'licence to occupy' as well as building consent permissions.

The consequences of non-compliance are understood to include the removal by QLDC of the building "to rectify the owner's interference with the council's property rights".