Council unjust, says Karamea man

Press, 20 July 1979, Page 3

Council unjust, says Karamea man

Westport reporter A Karamea market gardener, David Aislabie, has run foul of the Buller County Council again. The council has refused to remove a certificate, under section 42 of the Health Act, which demands that Mr Aislabie bring his temporary accommodation up to health standards required for a house, within 90 days. Three years ago, Mr Aislabie, who is also a secon-dary-school teacher, sought permission to establish a market garden on 40 acres of his land at Karamea. This was given but the council declined permission for a dwelling on the property until the economics of the venture were proved. Mr Aislabie believed this to be a denial of his rights and appealed. A Planning Tribunal agreed with him and criticised the council for its decision. Biding by the Court’s decision, the council granted Mr Aislabie a building permit and approved temporary accommodation for 18 months in his packing shed which was brought to the minimum health' standard laid down by the council. During this time Mr Aislabie developed his market garden into n economic proposition and was awarded a Rural Bank horticultural loan, the first for the district. Six months before the termination of his temporary accommodation agreement.

Mr Aislabie applied for an extension of it. The council asked for information on the progress of the d Interviewed after the council’s meeting this week, Mr Aislabie said: “I admit writing a rather terse let' 'r to the County Engineer at the time, but I wished to make my own representations to the council rather than have the engineer make them.

“Unfortunately, I was forced to remain in Wellington because of the airport’s being closed when the council met in J But my wife telephoned r • D. Rhind and asked if she should stand in for me. Cr Rhind told her that it was ‘not very important’ and that she did not have to appear. So on my return to Karamea I took no furiher t ion,” said Mr Aislabie. In his abrance, the council applied conditions under the Health Act which would bring the packing shed in line with hz.>ise standards. If these conditions were not met within 90 days a closing order could be issued, the council advised.

Mr Aislabie believed these conditions were uniust. “The choice I have is building a f se slowly as money comes in o- not building at all.” he said. The council issued the certificate as a means of hurrying the building of the house, which will soon be roofed. “In Buller you don’t expect -—'’e to go round

pushing L. -ws under your nose when you are trying to alleviate the problem,” Mr Aislabie said. “The council should accept my word that I am building the house as fast as I can and remove the certificate.

“I believe I am being inconsistently treated.”, he said. “I have been a critic of th: council over the last few years but that is my right as a ratepayer. “I am building the house with my own hands because I cannot afford to hire builders to do this, and I think the council should take this into consideration.” Mr Aislabie attended this week’s meeting and put forward his case but the council refused to remove the threat of legal action. Earlier in the meeting the council had decided to let the certificate run its course. Cr Brookes said the council had over-extended the tempor a r y accommodation agreement and had issued the certificate as a means of getting Mr Aislabie’s dwelling finished at a reasonable date. Mr Aislabie said the threat of legal action was not necessary. It was ridiculous to issue such legal threat if the council did not mean to use it.

The health and building inspector (Mr C. Comber) told the meeting, after Mr Aislabie had left, • that the certificate under section 42 was an important legal step, not something he issued lightly.