8 March 2024
Media: Local Democracy Reporter
Topic: Concern relating to a wasp nest on a vacant section
Enquiry
*NOTE: This enquiry was also sent to BOP Regional Council for response.
I was speaking with a Ngongotahā resident yesterday who said she called the councils last Thursday about a wasp nest on the vacant property next to her. I have some questions and comment for response please.
She, Lynne Coutts, says she is feeling frustrated and said neither the regional or district council will do anything because it was on private property (Waiteti A - Waiteti Rd) and wasps are not enough of a pest (advisory I believe)
She said when it's warm the wasps swarm in the hundreds in her property, including on a bird feeder which she said was "smothered" in them. She said there were millions of them and believes they are nesting underground on the neighbour's property.
She is allergic to them and worries about her dogs.
She said there is also a rat problem - and says there are rats and mice on that property, as well as weasels.
The property is by a stream and is overgrown - she said it would be above her head in places - and believes is why there are these issues.
Her fear is with the cooler weather approaching the nest will just get bigger and the wasps will be back with a vengeance next year.
She said the message she got from the council was "not their problem".
"I can't do anything, it's not on my land". She said she hasn't seen a property owner in 20 years - it is Māori land and struggling to find anyone to talk to about it.
She said she has tried a mobile number listed online for the nearby marae as well as Facebooking them, and is looking out for if anyone goes to the marae to speak to them.
Noting the regional council website states: It is landowner/occupier responsibility to manage these pests. Council may provide advice on how to manage or control advisory species if required.
Also noting the Health Act
Specifically: Without limiting the meaning of the term nuisance, a nuisance shall be deemed to be created in any of the following cases, that is to say:
(b) where any accumulation or deposit is in such a state or is so situated as to be offensive or likely to be injurious to health:
(c)where any premises, including any accumulation or deposit thereon, are in such a state as to harbour or to be likely to harbour rats or other vermin:
(d) where any premises are so situated, or are in such a state, as to be offensive or likely to be injurious to health:
(o) where any street, road, right of way, passage, yard, premises, or land is in such a state as to be offensive or likely to be injurious to health:
(q) where there exists on any land or premises any condition giving rise or capable of giving rise to the breeding of flies or mosquitoes or suitable for the breeding of other insects, or of mites or ticks, which are capable of causing or transmitting disease.
What can the council do in this instance, if anything?
Can it contact the property owner and get something sorted?
Who enforces properties are maintained, are pest free, and do not impinge on other's enjoyment of their own private property? On other's health?
What options does Lynne Coutts, or others in similar situations, have?
Any advice?
Why was she told the council can't do anything - please explain council's role in this situation?
Responses
We provided the following response:
From General Manager District Development Jean-Paul Gaston:
Following Mrs Coutts’ initial call an enquiry was made with our regulatory team last week. Her husband was informed they would investigate if anything could be done under the Health Act and if that isn’t possible, they will write to the property owner to pass on their concerns and encourage them to do something about the wasp nest.
Unless something is causing a verified health nuisance as per the Health Act, Rotorua Lakes Council has no legal powers with regards to general maintenance of private properties. It can issue notices with respect to safety of buildings and derelict buildings and potential fire risks caused by excessive growth can be reported to FENZ.
The lead agency with regards to pest management in our district is the Bay of Plenty Regional Council.
Subsequent from reporter after receiving the above:
When was he told that and has anyone been out to investigate or sent a letter to the owner?
Subsequent from RLC:
The staff we spoke to today couldn’t recall the exact day sorry and the other person who dealt with it is away. You could check with Mr and Mrs Coutts.
Someone from regulatory was to go out to see the vacant section today (Friday).
Re letter: As per the response, if we can’t do anything under the Health Act we will then send a letter to the owner.
Subsequent from reporter:
Lynne just said nobody told her the below (that it would be investigated and if nothing could be done a letter sent to the owners) and she said no-one told her Husband this either
Subsequent from RLC:
We confirmed with the reporter that we are investigating what can be done under the Health Act and if there is nothing will write to the property owner, and confirmed that it was our understanding that this information had been passed on to Mr Coutts.
However, we noted that as the staff member who spoke with him is away, we may not be able to clarify this until Monday.