Neighbours at war: Analysing the boundaries of law and rethinking the dispute resolution process

Abstract

This paper analyses the strict law governing common neighbour disputes in New Zealand, using examples. The author claims the current scheme for resolving neighbour disputes in the Disputes Tribunal and in civil courts is problematic as relationships are not preserved. Reforms are suggested using education, mediation and a dedicated tribunal for resolving neighbour disputes and this is applied to relevant examples. While similar reforms have been implemented for other disputing parties in close relationships such as employee-employer and tenant-landlord, the same has not yet been implemented for neighbours. The paper suggests, in light of increasingly frequent neighbour disputes, the need for better community education coupled with mediation as an alternative dispute resolution scheme. This scheme must identify underlying issues in neighbour disputes where present and must have a focus on preserving relationships. A specialised neighbour tribunal should also be set up which will make it more difficult for parties to enforce their strict legal rights in certain situations, despite the need to uphold fundamental property rights. This tribunal must give effect to the substantial merits and justice of each case by exercising greater discretion when enforcing strict legal rights which have long term consequences. This is intended to disincentivise parties from bringing claims and to incentivise parties to settle at mediation, in order to preserve relationships. Two additional specific areas of reform are also suggested, dealing with Airbnb and trees. These reforms will significantly reduce the ability to litigate neighbour disputes and aim to improve neighbour relations throughout New Zealand, as its population grows and neighbours increasingly live in closer proximity.