If neighbours can't settle disputes, law will step in

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If neighbours can't settle disputes, law will step in

Tribunal will determine unreasonable behaviour based on facts of each case

WHAT counts as unreasonable behaviour in longstanding disputes was a key concern raised by several MPs yesterday as they debated a law to resolve difficult arguments between neighbours. Parliament passed the Community Disputes Resolution Bill yesterday.

Under the Bill, residents can haul recalcitrant neighbours who have "unreasonably interfered with their enjoyment of their residence" to a tribunal specialising in community dispute resolution cases. Such unreasonable interference includes causing excessive noise, smell, smoke, light or vibration, and littering near or obstructing the neighbour's home. But what is unreasonable, or excessive?

Ms Lee Bee Wah (Nee Soon GRC) recounted an unhappy pregnant resident's complaint that the constant smell of cigarette smoke from her neighbour living one level below her flat would affect her unborn child. She asked: "Smoking at home, what is wrong with that?

Does the Bill solve such a problem?" Added Mr Hri Kumar Nair (Bishan-Toa Payoh GRC): "There will always be clear cases, but there's also going to be a vast pool of very, very grey cases." Minister for Culture, Community and Youth Lawrence Wong assured the House that the tribunal will determine what constitutes unreasonable and excessive behaviour "based on the facts of each case, using a commonsensical approach and the light of everyday experience".

"They will take into context our unique multiracial and multicultural context, in considering what is reasonable and excessive." Over the two-hour debate, 14 MPs spoke on issues from dealing with residents with mental illnesses to preventing vindictive neighbours from abusing the process.

The MPs, all of whom supported the Bill, said that turning to the tribunal should be a last resort. In reply, Mr Wong made it clear that the tribunal is, in fact, meant as the last resort to resolve difficult private disputes.

"Their first recourse should be for the individuals concerned to take responsibility of the issues, to speak to each other and to strive to resolve the issue amicably," he said. Should informal mediation be unsuccessful, the tribunal can order residents to attend mandatory mediation sessions at the Community Mediation Court.

Mr Wong said this feature of the Bill addresses some current limitations to mediation. About 60 per cent of residents do not show up for mediation, as it has not been compulsory, he added. Offensive acts cited in the Bill also include surveillance of, and trespassing on, a neighbour's home.

Offenders can be ordered to pay damages of up to $20,000, or apologise, for instance. Ms Lee Li Lian (Punggol East) said the Bill should "balance the respect for each individual's privacy in the sanctuary of their personal space, and the common interest of other residents living together in the community".

At least six MPs also asked how the tribunal would address residents with mental illnesses. Ms Tin Pei Ling (Marine Parade GRC) recounted a case of a resident who accused her neighbour of taking and producing drugs, and continued to press the authorities to charge her neighbour even after they had investigated and found the neighbour innocent.

Existing laws and procedures regarding mentally ill persons will continue to apply, said Mr Wong. If a neighbour suspected of mental illness breaches a community dispute order, the court can order his family member to enter into a bond with the condition that he goes for medical treatment.

Mr Patrick Tay (Nee Soon GRC) and Non-Constituency MP Lina Chiam suggested ways to improve access to the tribunal. Mr Tay said it should accommodate dialect speakers, and Mrs Chiam suggested void decks could be mediation venues. The tribunal will take cases from the second half of this year.

charyong@sph.com.sg
By Charissa Yong
The Straits Times - Home
Published on Mar 14, 2015 1:02 AM

Additional reporting by Kok Xing Hui