What may be the final part of a long-running dispute over a Wellington fence played out in the High Court in Wellington today.
Photo: RNZ / Kate Gudsell
The dispute began back in 2015 when David Walmsley built a four metre high fence on the slope above his house in Roseneath, blocking the view of his neighbours.
The neighbours, Peter and Sylvia Aitchison, said the fence spoilt the harbour view from their apartment.
Both the Environment Court and the High Court agreed, ruling the fence had to come down.
Since then David Walmsley has unsuccessfully appealed against a ruling that he had to pay more than $70,000 in costs to the Aitchisons.
Following the initial hearing the Environment Court did not award costs against Wellington City Council, saying that could only be done if the Council had failed to fulfill its duties or had been unreasonable.
However, today the Aitchison's lawyer Andrew Cameron went to the High Court seeking costs from the council.
He said there had been ambiguity in the council's rules around structures such as the fence in question.
"Given the ambiguous nature of the provisions, and given the council's knowledge that the structure would cause gross adverse effects and was plainly a contrivance, they needed to seek a declaration from the Environment Court relating to [how] the permitted activity standard [operated]."
"In doing what it did the council left the Aitchisons completely stranded, allowed the structure to be built and the Aitchisons were then required to navigate a process at considerable cost ... to resolve the matter."
The Aitchisons said they had spent more than $100,000 on the case.
Mr Cameron said his clients were seeking a total of $68,000 from the Council and Mr Walmsley, of which he suggested the council should pay two thirds and Mr Walmsley should pay the rest.
Neither the council nor Mr Walmsley were represented in court, both having indicated they will abide by whatever decision Justice Clarke makes.
The Judge has reserved her decision.
