Tree protection work as court action looms
The Auckland Council and the Tree Council, a local conservationist group, are in pre-hearing talks over how much work the council should do to monitor and protect important trees.
In November last year, the Tree Council filed a judicial review against the council, accusing it of failing its legal obligations to maintain its list of protected notable trees – in particular, 587 trees nominated for protection within the past decade.
As part of the judicial review process, the two parties are now in pre-hearing discussions.
Meanwhile, the council has begun the work of assessing 610 trees that have been nominated for protection (Notable Tree status) but whose nominations hadn’t been processed in years and were central to the Tree Council’s arguments.
In a statement, the council said the means were finally available for the work, two years after committing to it ‘‘when resources permit’’ back in 2020.
But Tree Council secretary Dr Mels Barton said the council’s action was more likely down to the threat of legal proceedings.
‘‘Auckland Council came back saying they had, remarkably, begun to assess the nominations . . . They had been putting off for nine years and done absolutely nothing,’’ she said.
Barton hoped the discussions would result in real commitment to ongoing work on the Notable Tree schedule and the protection of important trees across Auckland. Otherwise, they may wish to go ahead with their court date scheduled for August, she said.
Trees on the Notable Tree schedule (also known as schedule 10) cannot be cut down or removed without councilapproved resource consent, even if they are on private property.
In a statement published in February, Auckland mayor Phil Goff said the work on the 610 trees was important, but more so was reinstating general tree protections across Auckland, which were removed in 2013.
‘‘Councils must rely on listing individual trees at significant cost, and this has resulted in a lack of protection for large numbers of trees of notable size and character across Auckland,’’ he said. ‘‘Although we are able to schedule specifically identified notable trees, doing so tree by tree is costly and time consuming and will only protect a small minority of Auckland’s important trees.’’
However, work had begun and the council expected to be finished by mid-2023.
‘‘Council arborists are now working through the site inspections,’’ council chief of strategy Megan Tyler said in a statement.
‘‘We believe we are on track to report back to elected members by mid-next year.’’
Tyler said the discussions did not mean the council was trying to avoid court action.
‘‘We are confident in our position on this matter.’’
Barton said it was unlikely that all the trees on the list were still around, as unprotected trees were being cut down, some in the middle of the night.
‘‘In fact, it’s not 610 trees at all. It’s probably going to be fewer than 50 that are actually still there and qualify,’’ she said.
‘‘It’s nowhere near as big a job as the council says it is.’’