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News
Back to the news list Couples sour over apple orchard boundary dispute
13 October 2018 - Media Release - Stuff

A boundary dispute is brewing in Kerrytown north of Timaru.

Lifestylers Alister and Fiona Pye, along with their farming neighbours ?Rob and Sarah Harvey, are ropeable as five-metre posts have been erected on the boundaries of their properties in recent months.

They believe the neighbouring apple orchard has acted unlawfully in carrying out the work without notification or consent and, as a result, is encroaching on their properties. 

Lifestylers Alister and Fiona Pye, along with their farming neighbours ?Rob and Sarah Harvey, are ropeable after the erection of giant 5 metre posts on the boundaries of their properties.
JOHN BISSET/STUFF
Lifestylers Alister and Fiona Pye, along with their farming neighbours ?Rob and Sarah Harvey, are ropeable after the erection of giant 5 metre posts on the boundaries of their properties.

Alister, an electrician, said he bought the five-acre lifestyle block on Kerrytown Rd two years ago off neighbouring M A Orchards. 

"If we knew it was going to be like this we wouldn't have bought here," he said.

"Our concerns are that we purchased this property not knowing what was going to happen next door.


Alister Pye is unhappy about construction work that has been undertaken in their neighbouring property on Kerrytown Rd.
JOHN BISSET/STUFF
Alister Pye is unhappy about construction work that has been undertaken in their neighbouring property on Kerrytown Rd.

"We didn't realise these posts were going to go in and we were going to be totally enclosed; as you can see the posts come right up to the boundary and are on such an angle that they are overhanging us.

"All we can see now is netting pretty much from every angle of the house," Pye said. 

Pye said he understood structures of that size should be at least three metres from the boundary line.

Sarah Harvey and Alister Pye survey giant posts.
JOHN BISSET/STUFF
Sarah Harvey and Alister Pye survey giant posts.

"We thought it would have been notified."

The two couples said they approached the Timaru District Council about a couple of months ago and then met with M A Orchards to discuss the matter.   

"The Timaru District Council sent guys around to have a look and after consultation they deemed it a structure and asked that the posts be moved back three metres," Alister said. 

Rob Harvey: 'I'm not happy, I'm far from happy, it should have been notified.'
JOHN BISSET/STUFF
Rob Harvey: "I'm not happy, I'm far from happy, it should have been notified."

He said they were told by M A Orchards that the posts would be moved if the couples were not happy.

"It was left up to us and we said we were not happy and would like the posts moved back but then it all went quiet," Alister said.

"These big companies like to ask for forgiveness rather than permission; I've got the feeling the Timaru District Council is going to roll over for them," he said.

"If we hadn't approached the council they wouldn't have known about this.

"We are going to be totally enclosed, all we can see now is netting.

"It's a David and Goliath thing." 

The Harveys own 50 acres of land that also neighbours the orchard, which they use to farm sheep and beef.

Sarah said the boundary of their land now looked like an eyesore.

"If we wanted to sell our land no one would want to buy it.

"Burn offs could also be dangerous.

"At the end of the day the sad thing is they could have all had this conversation before it all happened," she said.

Rob said he was gutted.  

"I'm not happy, I'm far from happy, it should have been notified," Rob said.

"There was no consultation."

Stuff contacted M A Orchards manager Red Martin. 

"The resource consent has been applied for," he said.

"It has actually been submitted, I can't really comment, " he said.

Martin then referred Stuff to a Timaru lawyer who would not comment on the matter  

Stuff also contacted the Timaru District Council with questions. 

Timaru District Council spokesman Stephen Doran, in a written statement, said; "It's in the mid point of a resource consent application, so we're really limited in what is appropriate to say to ensure the process is fair.
 
"The structure breaches a District Plan standard, but they can and have applied for resource consent for it," Doran said.

"There has been no decision on the resource consent yet, they have applied for a limited notified consent.

"That means the parties they have indicated will get the opportunity to make submissions."

Doran said the council was yet to make a decision on whether the application should be publicly notified, limited notification, or what parties would be identified as being affected.


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