
Local councils are responsible for rubbish removal, even if they have contracted out the service to a private firm.
Adrienne Smith lives below a typical Wellington street that hugs the side of a steep hill. The bank running from the street down to her house is council land. Neighbours leave recycling bins for collection on the side of the road at the top of the bank. On windy days Adrienne finds large amounts of recycling rubbish blown down the bank and onto her section. People also periodically dump rubbish over the bank.
She's complained to the council on a number of occasions. She's suggested it puts up a sign warning people not to dump rubbish down the bank, and constructs a small fence to prevent rubbish being blown over the side.
The council has refused to do either, but has planted four small trees at the top of the bank. One tree has died and the other three are struggling.
The council has removed the rubbish three times, and has written to Adrienne's neighbours telling them it's illegal to tip rubbish over the bank. The problem continues to occur.
If rubbish is accumulating on private property, for example a neighbouring section, the local council is again your best bet. Under the Resource Management Act they can order the property owner to clear the rubbish. If they fail or refuse to remove it, the council can require the owner to clean up the property. If they still refuse, the council can take the matter to court.
If the rubbish is creating an extreme health nuisance, the Health Act allows the council to have the property cleaned and the owner billed for the cost. In most cases a letter from the council is enough to resolve the situation.
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