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New housing developments often require access through private property for wastewater or stormwater purposes. This can present challenges to developers and surrounding property owners. This article provides practical advice on how to address this situation from both respective positions.
You are not under any obligation to consent to any proposed works which require access through your property. Proposed works may involve needing to access a wastewater or stormwater pipe. If your neighbour asks for your consent, you may refuse it. However, under the Local Government Act 1974 ("Act"), your neighbour can apply to the Council and make an application if you withhold consent. Section 460(1) of the Act says that if the Council is of the opinion that the only practical route is through your property, the council may pass a resolution, enter upon your property and execute, and do all of the works and things the council considers necessary in order for a drain to be laid in an efficient manner. The Council's power to pass a resolution enabling access through a property is purely discretionary.
If an application is made, any affected property owner has the right to be heard under section 460(2) of the Act. This means that the Council must provide you with an opportunity to present your views /objections before passing any resolution which may impact your property. Each application is decided on its respective merits. The Council's primary consideration in determining whether to pass a resolution is whether your property or an adjoining property is the only practical route for a new private drain.
We recommend you approach any affected property owners as early as possible if you have any development plans that may affect them. An affected property owner is any property owner whose land you may need to access for wastewater or stormwater requirements. The affected property owner should be contacted even before you apply for a resource consent for the development.
It is important for you to inform any affected property owners of your plans and to consider their views before proceeding with any proposed works. You should also be prepared to offer a reasonable amount of compensation to any affected property owner. Any amount offered should take into consideration the inconvenience the works will cause your neighbours, as well as potential costs needed to remedy any damage which may arise in the future as a consequence of the works. Alternatively, you could offer other forms of compensation, such as upgrading and sealing the driveway after the proposed works are completed. Acknowledging your neighbours' interests will reduce the likelihood of an application to the Council needing to be made. The Council is also likely to take into consideration whether you have made reasonable efforts to negotiate with your neighbour if you are forced to make an application.
If your neighbour is not willing to engage with you, then we recommend you seek legal advice before proceeding with any application to the Council. Instructing a lawyer may help you to resolve the matter without needing to make an application to the Council. Any application under the Act should only be considered if all other options have been exhausted, as this will inevitably escalate any issues with your neighbour. It is worth keeping in mind that a successful application might prove to be a pyrrhic victory, as your development plans will likely be delayed, and legal costs will be incurred.
If the affected property owner agrees to the proposed works, we recommend that any developer has their lawyer prepare a written agreement recording the arrangements and gets it signed before applying for a resource consent.
If you are strongly opposed to any proposed works, you have the right to withhold your consent. However, it is important for you to consider the potential risks that may arise. If your neighbour proceeds with an application and is successful, you may not receive any compensation at all. If your neighbour offers you a reasonable amount of compensation to obtain access through your property, you should consider taking it. If you can reach an agreement, it is important for you to seek legal advice to ensure that you are adequately compensated and understand your rights and obligations. Finally, if your negotiations are unsuccessful, it is important for you to engage a lawyer to help prepare or advance your position, should an application to the Council be made.
Before seeking any legal advice, we recommend you try to resolve any dispute with your neighbour amicably. It is sensible for both parties to try to resolve any issues between themselves. This will help maintain relationships and avoid both parties from incurring unnecessary legal fees. Both parties can obtain mutually beneficial outcomes if they are willing to compromise.
If you need advice or have any questions concerning potential development plans, please contact us for professional assistance. We have acted for clients in both respective positions and have obtained favourable outcomes.
New housing developments often require access through private property for wastewater or stormwater purposes. This can present challenges to developers and surrounding property owners. This article provides practical advice on how to address this situation from both respective positions.
You are not under any obligation to consent to any proposed works which require access through your property. Proposed works may involve needing to access a wastewater or stormwater pipe. If your neighbour asks for your consent, you may refuse it. However, under the Local Government Act 1974 ("Act"), your neighbour can apply to the Council and make an application if you withhold consent. Section 460(1) of the Act says that if the Council is of the opinion that the only practical route is through your property, the council may pass a resolution, enter upon your property and execute, and do all of the works and things the council considers necessary in order for a drain to be laid in an efficient manner. The Council's power to pass a resolution enabling access through a property is purely discretionary.
If an application is made, any affected property owner has the right to be heard under section 460(2) of the Act. This means that the Council must provide you with an opportunity to present your views /objections before passing any resolution which may impact your property. Each application is decided on its respective merits. The Council's primary consideration in determining whether to pass a resolution is whether your property or an adjoining property is the only practical route for a new private drain.
We recommend you approach any affected property owners as early as possible if you have any development plans that may affect them. An affected property owner is any property owner whose land you may need to access for wastewater or stormwater requirements. The affected property owner should be contacted even before you apply for a resource consent for the development.
It is important for you to inform any affected property owners of your plans and to consider their views before proceeding with any proposed works. You should also be prepared to offer a reasonable amount of compensation to any affected property owner. Any amount offered should take into consideration the inconvenience the works will cause your neighbours, as well as potential costs needed to remedy any damage which may arise in the future as a consequence of the works. Alternatively, you could offer other forms of compensation, such as upgrading and sealing the driveway after the proposed works are completed. Acknowledging your neighbours' interests will reduce the likelihood of an application to the Council needing to be made. The Council is also likely to take into consideration whether you have made reasonable efforts to negotiate with your neighbour if you are forced to make an application.
If your neighbour is not willing to engage with you, then we recommend you seek legal advice before proceeding with any application to the Council. Instructing a lawyer may help you to resolve the matter without needing to make an application to the Council. Any application under the Act should only be considered if all other options have been exhausted, as this will inevitably escalate any issues with your neighbour. It is worth keeping in mind that a successful application might prove to be a pyrrhic victory, as your development plans will likely be delayed, and legal costs will be incurred.
If the affected property owner agrees to the proposed works, we recommend that any developer has their lawyer prepare a written agreement recording the arrangements and gets it signed before applying for a resource consent.
If you are strongly opposed to any proposed works, you have the right to withhold your consent. However, it is important for you to consider the potential risks that may arise. If your neighbour proceeds with an application and is successful, you may not receive any compensation at all. If your neighbour offers you a reasonable amount of compensation to obtain access through your property, you should consider taking it. If you can reach an agreement, it is important for you to seek legal advice to ensure that you are adequately compensated and understand your rights and obligations. Finally, if your negotiations are unsuccessful, it is important for you to engage a lawyer to help prepare or advance your position, should an application to the Council be made.
Before seeking any legal advice, we recommend you try to resolve any dispute with your neighbour amicably. It is sensible for both parties to try to resolve any issues between themselves. This will help maintain relationships and avoid both parties from incurring unnecessary legal fees. Both parties can obtain mutually beneficial outcomes if they are willing to compromise.
If you need advice or have any questions concerning potential development plans, please contact us for professional assistance. We have acted for clients in both respective positions and have obtained favourable outcomes.
© McVeagh Fleming 2025
This article is published for general information purposes only. Legal content in this article is necessarily of a general nature and should not be relied upon as legal advice. If you require specific legal advice in respect of any legal issue, you should always engage a lawyer to provide that advice.
