Waiting for flood work? DIY, then bill the council

Berwick farmer Dan Lyders stands on the floodbank he raised to prevent flooding. Photo / Gerad O'Brien.

Otago farmer Dan Lyders has taken matters into his own hands and completed flood protection work he claims the Otago Regional Council should have done years ago - and sent it the bill.

For many years Mr Lyders has been urging the council to upgrade 190m of floodbank next to the Meggat Burn but the council has declined.

He believed raising the bank was intended as part of the Waipori Flood Scheme completed in the 1980s.

He had contributed $25,000 to that scheme.

Mr Lyders said he had been paying regional council flood protection rates of about $2500 for years and yet the council could not do the "little bit of work" costing a similar amount as one year's rates to bring the scheme up to standard.

While his property was in the West Taieri Ponding area and was designed to flood in a major event, the bank at the new higher level provided protection from smaller floods, he said.

It was a move supported by his neighbour, Mark Beaton. Because his family property was lower than the Lyders' any flooding flowed into his.

The Beaton property was still suffering from the May 2010 flood.

Mr Lyders estimated the 2010 flood cost him $36,320.

He and Mr Beaton had presented submissions to the annual plan in 2008 requesting the scheme be completed to the standard set. The bank was then inspected by council staff but nothing had been done, he said.

After being told no work was scheduled he took matters into his own hands and raised the section of the bank to the 102m height himself.

He had billed the regional council the $2412 cost, not believing the council would pay the bill. He said he was prepared to take it to the Small Claims Tribunal if it did not.

Mr Lyders was also prepared for the council to take him to court for doing the work without permission.

"It'll still be worth it. It's the principal involved."

Otago Regional Council environmental engineering and natural hazards director Gavin Palmer said he needed some "clarity" around what Mr Lyders had done to the bank before the council could react.

He had explained to Mr Lyders in the past that the council was satisfied from the reading of former catchment board, Ministry of Works and contract documents that the work along the Meggat Burn was completed and possibly more than approved done.

"There is no evidence to support that [Mr Lyders'] view. The area has a limited standard of flood protection and a small number of beneficiaries."

In general, anyone who wanted to alter a regional council flood protection work needed council approval and in certain circumstances might also be subject to the Resource Management Act, he said.

If approval was not sought the person could face a fine of up to $20,000 under the Local Government Act and under the Flood Protection Bylaw the work could be required to be removed.