Dear Sirs/Madame I need some advice please. I am part owner of a shared private road, the road is managed (repairs and

Customer: Dear Sirs/MadameI need some advice please. I am part owner of a shared private road, the road is managed (repairs and gravel on the metal road ) by the Echo Valley Road Fund committee. During 2017 I applied for a subdivision consent. Part of the consent notice from Kaipara district council said that we had to submit a plan for the repair and widening of Part of echo valley road that led to my Subdivision. At the same time the then chair of the volunteer committee put in a subdivision consent request. The chairs consent condition was the same as mine, that she was required to upgrade the road ( this was not known to us until september 2021) . The Council also told her in that consent notice that we had an application for consent in and the condition of our consent relating to the road. The council made a recommendation that the Chair cooperated with us on this road upgrade.We met with the Chair to inform her of our plan to up grade the road , but she withheld the information that she was also ordered to do the repairs by Kaipara District Council but said to us both verbally and the next day by email please submit your invoice for the repairs to the committee for consideration.We submitted our invoice and asked for relief from our annual levies in compensation for a number of years.We received a letter from the committee saying they had considered our request and they were going to fogive us of $940.00 of back payments which we owed at the time.We rejected this offer as we had just spent $ 14,500.00 on road repairs and widening. we did not consider that the offer was enough..The amount we had to spend on the road we broke down into repairs and maintenance ( remedial work ) and improvements ( widening).This was because the Chair and committee had failed to do any repairs or maintenance on this part of the road and the Councils engineer had described this part of the road as in poor condition. ( nothing from 2002 until we repared the road in 2016)We have subsequently for four years now been to meetings with the echo valley road fund committee where we have again requested compensation in the form of levy relief to only be refused with the reason " we are not going to subsidise your subdivision"During this time the Chair has never revealed to any of the residents that she had the same consent condition imposed on her, in fact she was the most vocal against us.We understand our obligation to pay for the expenses of maintenance on the road under the property Law act 2007.This same Law states that we can claim recompense from the agents of the owners if we think they have been negligent in their governance of the road.We feel also that the Chair has been negligent in her role and has enriched her own circumstances by not having to pay for this road repair. ( by the time her full consent was due we had already repaired the road at our expense and Council could no longer impose this condition on her.)OUR QUESTION TO THE CAB ? : as we have now submitted an invoice to the current committee for payment ( highly unlikely) do we have a case against the previous chair.? Can we take this to a small claims court if unpaid.? or do we have to go to a land court or higher court.?Thank you in advance for your consideration ,If you require further clarificationplease phone ###-##-#### or email***@******.***Yours sincerelyDon Windley.
JA: What state are you in? It matters because laws vary by location.
Customer: New Zealand
JA: What steps have you taken so far?
Customer: contacting you after reading the property law act 2007 NZ
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have covered it in the email thanks.