Council admits responsibility for death fence

Wellington City Council has done a U-turn and admitted it was responsible for a faulty fence through which Michael Webby fell to his death.

The 29-year-old fell through a gap left by a missing railing in the fence off Glenmore St in Kelburn and plunged 20 metres down a steep bank on December 2. He died in his girlfriend's arms.

Council chief executive Garry Poole met Mr Webby's family yesterday at their request and admitted the council was responsible for the path, even though residents had been paying for its maintenance.

The files on the path will now be handed to police.

"Correspondence going back to the 1930s makes it clear that the council gave an undertaking to maintain this pathway," Mr Poole said last night.

"I am very sorry that, in response to initial media inquiries following Michael's accident, we said that the maintenance of the pathway was the responsibility of the property owners that it serves."

Michael's father, John Webby, said the family was shocked.

"Our main worry is so that it doesn't happen again."

The council had previously described the pathway as "hair-raising" and the family was considering their next step, which could include legal action.

Mr Poole also started a review of private access ways.

"I do not want there to be confusion over who is responsible for maintenance and safety."

Mr Poole offered his condolences at yesterday's meeting, which was also attended by Michael's girlfriend, Hilary Sutherland, who had reportedly contacted the council about the state of the path before Mr Webby's death.

The pair were returning home about 1.40am after attending the David Beckham football match.

Council spokesman Richard MacLean said residents of 100 to 108 Glenmore St had been paying for the path's maintenance, but there was no record of complaints.

The private pathway policy was formed in the 1970s, recognising that such access ways provide "an equal amount of benefit", so both residents and council should contribute to their upkeep, he said.

But such paths have been blamed for accidents in the past. In 2000, a woman fell 12 metres on to a footpath in Hataitai, breaking ribs and her pelvis in two places.

An Occupational Safety and Health investigation into that accident said the path and adjoining fence was the responsibility of Wellington City Council.

Residents had also complained about that fence.