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When is a footpath not a footpath?
In the Tararua District Council's eyes, it's when it's a driveway.
Ratepayer John Schrader has been battling with the council for three years over who is responsible for the broken footpath outside his property.
The council says its policy is that the areaof the footpath that crosses his driveway is his responsibility.
In response, Schrader's now threatening (somewhat facetitiously) to block off his driveway section of the footpath to walkers.
The council says if he were to do that, it would be illegal.
But Schrader's not backing down from this long-running feud.
He found a conflicting statement in the council's Traffic and Road Activity Management Plan which said that the council "does not own vehicle crossings and it is the property owner's responsibility to maintain them. The maintenance of these is often an area of dispute, as the residents often expect council to repair the entranceway while undertaking footpath repairs. Council has a policy to repair the section of entranceway where the footpath crosses only."
Council chief executive Bryan Nicholson says a change in footpath policy would be a significant decision and would require public input. Photo / NZME
Council chief executive Bryan Nicholson said it was not policy, but Schrader felt the wording on the council's own published document appeared to dispute that. Nicholson said the statement was incorrect and would be removed.
Schrader's dispute with the council started in 2019 after a toby, the tap that connects a house to the water supply, began leaking on his property.
He felt it had caused subsidence in the footpath which crossed his driveway, but the council told him that wasn't the cause of damage to the concrete.
The council's argument was that it was his footpath as it came over his driveway, thus his responsibility, regardless of what caused the damage.
Schrader says he's still fighting because it's not just his own issue as there were a lot of other footpaths around Dannevirke in a "shocking state" and he has presented photographic evidence to the council.
He felt the council was not prepared to do anything until someone got badly hurt "and then it's too late".
One person was recently hurt after a fall on a footpath and he was worried especially for the older population who used mobility aids, as his late wife, who was a paraplegic, had an accident where her wheelchair which weighed 160kg had tipped over, causing serious injuries.
Schrader had engaged with council staff on the issue numerous times, but felt he had been ignored. "For the past three years I've been fobbed off and got the run around."
Nicholson said the only way for the council to adopt a change as to the ownership of entrance ways was through the long-term planning process, a council resolution, or the adoption of a council policy.
However, this would be considered a significant decision.
"Therefore [it] would require community engagement as part of the long-term planning process."
Nicholson said that had never occurred, so the council's position was that repair of vehicle entranceways was the owner's responsibility.
He said in some cases the council might assume responsibility in instances where a footpath continually ran through an entranceway, but, in Schrader's case, his driveway did not fit that definition.
An example of a continuous footpath was one that didn't change for the driveway and in some areas of Dannevirke that meant an asphalt footpath.
Nicholson said there would be significant costs associated with a change in policy.
"As this would likely require a significant funding increase then we must consult with our community before we make any decisions on this matter."
