New Zealand man ordered to tear down ‘illegal’ house built on public roadside

A man in New Zealand has been ordered to tear down his tiny house after a court ruled it had been built on a public road. 

Brook Fendall, who is a builder by trade, is the owner of a steep block in the South Island tourist hotspot of Queenstown, Stuff reported. 

The Queenstown Lakes District Council (QLDC) claimed in April 2023, Fendall constructed a small tiny house without seeking permission. 

He stated the small tin shed was a temporary structure designed to accommodate construction workers, according to the media outlet.

He argued the tiny house was on his driveway and therefore authorisation was not needed. 

But QLDC claimed the structure was built on a public road reserve, not a private driveway. 

“Council officers made several attempts to engage with him to achieve voluntary compliance,” QLDC stated in a press release. 

“However, when these efforts were unsuccessful, Council initiated prosecution proceedings.” 

In August 2025, more than two years after the tiny house first appeared on the site, QLDC filed charges with the Queenstown District Court against Fendall for a breach of the Local Government Act 1974. 

The charges were for encroaching on a road by erecting a structure on a public road reserve. 

Stephen Winter, a licensed surveyor, gave evidence the site was not within the bounds of the builder’s private property, according to Stuff. 

“I can confirm with complete certainty that the building is primarily located on the legal road reserve,” the media outlet quoted Winter as telling the court. 

The judge ruled in the council’s favour. 

Fendall has been fined $NZ22,655 ($19,868) for the offence, plus costs of $NZ20,000 ($17,540). 

“We hope this case serves as a reminder to check with Council before starting any building or structural work on public land,” QDLC Monitoring, Enforcement and Environmental Manager Isabelle Logez said in a statement. 

The council is talking to Fendall about removing the tiny house.