Tracking mud across Tauranga City Council office is Naiomi Macbeth's way of making a point about council inaction over her subsiding section.

The builder owning the neighbouring section cut the ground away beside her boundary fence in June. The land subsided and now the fence is about to fall down a three metre drop, taking her garden with it.

Naiomi Macbeth says the council is ignoring her complaint that her backyard is starting to disappear.

'Repeated calls to the council have resulted in nothing happening,” says Naiomi.

She arranged council engineers to meet her solicitor on site and they cancelled, without notifying her solicitor.

She's made repeated calls over recent Fridays only to be told staff were in meetings and they would get back to her, but they didn't.

She's called council inspectors, OSH and worksafe, all of whom have failed to act to either stop the process or compel the builder to repair the damage, she says.

Over the last four months she's watched as the land below her boundary fence has fallen away to where the fence posts' concrete footings are exposed and the fence itself is beginning to move.

Thing's came to a head this Friday when Naomi discovered a hole on her side of the fence, over a three metre drop. She's lost a swan plant and the Japanese Irises are threatened.

After discovering the hole in her land, Naomi called the council five times on Friday and was fobbed off each time. The people were in meetings, no one was able to talk, Naomi was repeatedly told.

'I'm fed up. Why should I have to spend my time and my money, when he (the builder) is the bad guy. Nobody knows about me. But it's gone too far now.”

Tracking muddy gumboots across the city carpet and loudly demanding to speak to someone got her 15 minutes with Kirsty Downey, the city council manager, legal and governance.

'She's the first one to apologise to me,” says Naiomi.

But there is still no action. Naiomi was told another council engineer was going to inspect the site.

'But they are going to get back to me.”

Naiomi says the builder began earthworks on the neighbouring section in June, but didn't have a building permit for the work until July.

The law says earthworks have to be retained within three months of the digging, which Naiomi says was last month. She accuses the city building inspectors of overlooking the non-permitted start and delaying investigating her complaint until heavy rain made it too late.

'The builder said he would fix it, but won't put a date to it,” says Naomi.

'I can't even find him.”

SunLive approached Tauranga City Council communications staff on Thursday about Naiomi's concerns.

The reply received Friday afternoon at 3.25pm statedis: 'It is misleading to suggest that TCC has not been enforcing the rules. A building consent has been issued for the property and staff have spent a lot of time onsite investigating the complainant's concerns.”