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Home / New Zealand

Motorhome family get marching orders

NZME. regionals
21 Jul, 2008 05:00 PM4 mins to read

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Donna and Allan Russell and sons Hadley (left) and Riley feel the council is singling them out. Photo / Daily Post

Donna and Allan Russell and sons Hadley (left) and Riley feel the council is singling them out. Photo / Daily Post

A family who want to live in their motorhome have been threatened with imprisonment after a year-long battle over the way they live.

Allan and Donna Russell and their two sons want to live in a motorhome on their property on Kaharoa Rd, north of Lake Rotorua.

The Rotorua District Council says having two dwellings on one property is against the rules and the Russells need to seek a dispensation.

After a year of locking horns with the council, the family have been delivered an official ultimatum - move out within two weeks or face legal action and up to two years' jail or a fine of $200,000.

The council says it has done everything by the book and the Russells are in the wrong.

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The Russells say they were shocked to receive the abatement notice, delivered by a council staff member under police escort after the family threatened to issue a trespass notice against the council.

"I just don't know where they want us to go," Mrs Russell said.

"If we can't live on our own land, where will we go?" Mr Russell argues a motorhome can't be deemed a permanent dwelling and plans to fight the notice. The council says it advised the Russells twice to lodge a resource consent, but the family say it's never been clear what type of consent.

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The couple have lived in motorhomes for 11 years, deciding last May to settle down so sons Riley, now 7, and Hadley, now 5, could go to school.

They bought land at Kaharoa, rented out the house on the property and parked the motorhome, building a shed for storage and landscaping the surrounding area.

Mr Russell is a stay-at-home dad and Mrs Russell works as a self-employed property manager.

The couple say a fortnight is not enough time to find somewhere else to live and even if they wanted to move into the house, their tenants would need more than two weeks' notice.

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"What annoys us more than anything is why they won't just leave us alone," Mrs Russell said.

"I feel really defeated. Are they trying to say that the way we live is not right?

"We think it is grossly unfair on us and think the council are singling us out ... We are not hurting anyone."

The council stands by its actions. Planning services manager Tracey May said everything was done by the book and the Russells were in the wrong.

The council was legally obliged to investigate after receiving a complaint, she said.

"Admittedly the district plan is not clear about the situation so we asked for a legal opinion.

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"Our advice was that the Russells need to apply for planning consent to have an additional household unit on their property.

"That's all they need to do ... They can appeal our [abatement notice] through the Environment Court."

Ms May confirmed police were involved in delivering the abatement notice because Mr Russell threatened trespass action against the council. "We have to look after our employees."

A year ago a neighbour complained because, the Russells say, he feared they were "gypsies".

That neighbour could not be contacted for comment but another neighbour, Tony Verdonk, said the Russells and their motorhome were no problem and they had improved the property.

He said the council was being a bit heavy handed. "I feel sorry for them [the Russells] ... They have not been a bother."

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TAKING STEPS

May 2007: The Russells move on to their 1ha Kaharoa Rd property north of Rotorua.
Late July 2007: First and only complaint received by the Rotorua District Council.
August 2007: Council officer inspects property.
November 2007: The council advises the Russells to lodge a resource consent.
March 2008: The council reminds the Russells to lodge a resource consent.
July 15, 2008: Abatement notice to move out of motorhome served.

- DAILY POST

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