An independent hearings commissioner is backing Tauranga City Council's stance against councillor Hayden Evans over a pipeline easement.
The council and the councillor have been at odds over a pipeline easement across Hayden's Ohauiti property since before the start of the current council term.

Councillor Hayden Evans on his land.

Hayden originally had an agreement with the council to build the section of the pipeline as it crossed his land. He claims the council changed its mind. The issue went to arbitration with staff recommending to council that Hayden be the supervising engineer for the pipeline crossing his land.
That agreement was rejected by Hayden's fellow city councillors. The council then proceeded to legally acquire the easement under the Public Works Act.
Hayden objected and the hearing was before commissioners Doug Arcus and Alan Watson on October 29.
The commissioners decided the council can proceed, in part because it has an agreement with Hayden Evans from three years ago, and built the rest of the pipeline network based on that assumption – increasing the 'element of necessity”, says Doug.
He also says the pipeline will not have any adverse effects that should be of concern to Hayden.
Construction effects can be suitably managed and the pipeline will be underground and future maintenance can be carried out without unduly interfering with Hayden's property.
'From the time we first received papers in relation to the matters before us, it is clear that there have been ongoing issues between council on the one hand and the Evans entities on the other,” says Doug.
'We indicated at the start of the hearing that we did not see our role in the hearing as being mediators or arbitrators, nor do we see ourselves deciding outstanding legal issues between the parties.”