THE Ailsa St Extension will be re-sealed by Waitomo District Council.
WAITOMO District Council will spend a final $70,000 to prevent stormwater scouring of an Ailsa St right of way, councillors decided at the October meeting. Known as the Ailsa St extension, it is not a legal road owned or maintained by WDC. But it was a legally gazetted right-of-way, created in 1958. Maintenance and general repairs of a right of way are to be equally shared between all parties who use it, according to New Zealand law. Where damage is caused by a single party, the legislation states the party responsible for the damage is solely liable for the costs of repair.
GROUND LEVEL The properties between 25 and 39 Ailsa St were never able to have direct access onto Ailsa St because of the difference in ground levels. The properties are well below the road. The right-of-way (ROW) was legally added to records of title between 1958 and 1967 when the final record of title was issued. Waitomo District Council legal advisor Sharon Powell said the ROW was at the front of the properties and adjoined each one, but was distinct from, and did not form part of, the road. The plan included a notation the ROW was properly approved under the then-relevant legislation. The existing stormwater issue on Ailsa St originated from the road corridor and scoured out part of Ailsa St extension. The council proposed to remedy the scouring and reseal the right of way at a cost of $70,000. But any future maintenance on the Ailsa St ROW will be the responsibility of the owners and occupiers of the relevant properties to address among themselves, the council said. Owners and occupiers will be provided with a letter confirming this to ensure there is no misunderstanding or false expectation that WDC will undertake any future works on this section, councillors decided.
