Homeowner challenges fees hike

Robert Ford

A homeowner is warning that new court charges will make it tougher to challenge councils, after a lost appeal document meant he faced a tenfold increase in fees.

Charity worker Robert Ford wanted to challenge what he called unreasonable charges by Auckland City Council to process his permit for home renovations.

His first appeal got lost in the mail, and in the time it took him to lodge a second appeal the filing fee rose from $55 to $500 - over a dispute worth $1200.

He decided to drop the case and said he feared other homeowners would also be put off.

But a spokesman for Environment Minister Nick Smith said cases like Mr Ford's were the reason the fee was raised.

"Minor disputes over a council fee should not be going to the Environment Court and that is why the fee was raised. It is these sorts of small issues that block up the court rather than it focusing on important environmental issues," he said.

Environment Court Judge Laurie Newhook ruled there was no power to drop the fee on the basis that the appeal was posted on time.

Under the Resource Management Act, the registrar can waive the fee if it would be unfair and would unreasonably block an appeal.

Court staff eventually found the first appeal, three weeks later, but it did not seem to have the $55 cheque attached.

Mr Ford said $500 was too much for an average homeowner.

"It's probably fine for a corporation but it is a bit much for an individual. "It means you're stuck with the [internal] council processes," he said.

The trouble began when Mr Ford bought a Freemans Bay home early last year and applied to the council to renovate it.

Later he realised the project was too expensive and decided to sell the house.

His architect tried to cancel the application. However, due to a mix-up, the council put the building consent on hold but continued to work on the planning consent.

It sent him a bill for more than $2000 but later dropped that to $1200.

Mr Ford was unhappy with the council's handling of its charges and wanted to appeal to the Environment Court.

In a written decision, Judge Newhook said his first appeal - which Mr Ford claimed to have sent with three days to spare - appeared to have gone astray in the post.

The Green Party and environment groups, including the Royal Forest and Bird Society, said when the fee was raised that it would act as a barrier to justice.

Dr Smith had said before the fee was raised on May 7 that it was necessary to discourage frivolous and time-wasting appeals.

His spokesman said last week that the actual cost to the court of an Environment Court appeal was more than $1000.

A spokeswoman for the council said that, as far as the council was concerned, the matter was resolved when Mr Ford received his discount.