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NZ Herald

Newmarket unit owner fined $7000 for feeding birds outside apartment

Rental appraisals were provided from mid-August, showing a reduced prospective rent return from his unit without the bird droppings being cleaned away. His evidence was that the property manager providing the appraisals would not rent the premises with access to the balcony because of the droppings. The evidence suggests similar concerns being expressed by other unit owners, the tribunal decision says. The body corporate arranged extensive cleaning last April that improved the condition or presentation of the building somewhat. But the neighbour said Watt's bird feeding had continued and the problem with accumulated bird droppings increased once again. The neighbour was unable to comment on the cleaning work Watt recently had done, which she says shows the bird droppings could be removed quite quickly and easily. Watt was told she had breached the apartment owners' rules by feeding birds, leading to an unsightly and unhygienic condition of the building and causing damage to common property paintwork. The body corporate wrote to her, although Watt told the tribunal because she was not conversant with email, she received only one of those notices, which she believes was in September. She was unable to recall whether that was a notice from the body corporate or its lawyers. Watt says after receiving that notice, she did modify her habit for several months by feeding the birds only outside the property on the berm, and she was told on good authority this was not a breach of the rules. She acknowledges, though, that after becoming concerned for the birds' wellbeing, she resumed her practice of feeding them in her courtyard. Watt must pay $5900 in legal costs leading up to the tribunal hearing, $575 for that hearing and a further $500 filing fee, resulting in the total award against her of $7031. The money was due immediately. The Herald has reported on bird deterrent system Symterra Pulse being used in New Zealand prisons and Auckland railway stations. Australia-based Peter McCarthy said birds damaged roofs and left droppings, causing problems for the owners. Inmates at some New Zealand prisons were feeding birds in the yards out of boredom or loneliness, McCarthy said. He cited the character Brooks in the film The Shawshank Redemption, who kept a pet crow. Auckland lawyer and ex-Kaipātiki Local Board member Nick Kearney has invested in Symterra Pulse, previously marketed as Flock Off.