‘A duty of care’: Councillor backs elderly man in 30-year stormwater dispute

Author: Jenny Ling,
Publish Date: Thu, 2 Jul 2026, 1:18pm

Jon Cullen wants council to fix the stormwater drain on his property, which has scoured away because of overuse by surrounding facilities.

A Far North district councillor believes the council has a “duty of care” to fix an elderly pensioner’s long-running drainage problem.

Kerikeri resident Jon Cullen, 89, has spent three decades battling Far North District Council (FNDC) after the stormwater drain on his property became “contaminated”.

Cullen let FNDC install the drain in the 1990s to carry stormwater from the Kerikeri Retirement Village. However, it was soon also connected to the nearby supermarket and developing streets, scouring the drain so deeply he had to build a 5m-wide bridge across his section.

Cullen wants the council to install pipes and cover the drain - or at least fix the bridge, which is deteriorating.

Kaikohe-Hokianga ward councillor John Vujcich visited Cullen’s property soon after the Northern Advocate highlighted his plight.

Vujcich said the council “had a duty of care” to Cullen, especially since he spent years voluntarily running Kerikeri Marine Radio with his late wife Maureen to keep the community safe.

The couple were awarded Queen’s Service Medals for their crucial support during the 1994 Queen’s Birthday Weekend storm tragedy, when a cyclone struck the north of New Zealand, catching a fleet of 35 cruising yachts off guard and triggering a massive marine rescue operation.

The Cullens tracked the fleet and coordinated emergency communications from their home.

“If it was a result of extra stormwater flow, it’s a duty of care the council has,” Vujcich said.

“They should be doing something; that is far more than he can cope with, and it appears to result from extra stormwater going through his property.

“He’s a good community person; he volunteered for many things.”

Cullen also ran the Kerikeri Model Aero Club, established a model yacht club, and was commodore of Kerikeri Cruising Club for many years.

He reiterated the need to fix his drain so he can have access to his own property.

“It doesn’t seem fair; they’ve had 30 years to think about it.

“When my wife was alive she used to ring regularly, and all they did was give her RFS [request for service] numbers and they never did anything.”

Vujcich suggested the council find a solution.

He was also worried for the safety of the elderly man, who uses a mobility scooter.

“It’s come from council consenting subdivisions and the greater flow of water that’s occurring.

“They should go on site, listen to him and look at what he’s done, look at the history, and have a duty of care.

“Given his age, there is a health and safety risk as well.

“He could get stuck there by himself or lose control [of his mobility scooter] and it rolls over.”

Kaikohe-Hokianga ward councillor John Vujcich said FNDC has a duty of care to fix the drain on Cullen’s property.

Council head of infrastructure Tanya Proctor said council contractors had undertaken “all additional work” discussed with Cullen.

“That includes stormwater grate modifications completed last week, which will improve the control of leaves and debris into the drain.”

The option of piping the drain had been referred to the council’s assets group for consideration, which, if approved, could cost up to $50,000, she said.

Proctor said the council was aware of Cullen’s volunteering record and suggested volunteer groups help him build a new bridge.

Jenny Ling is a senior journalist at the Northern Advocate. She has a special interest in covering human interest stories, along with finance, roading, and social issues.