Tree at imminent risk - please see below for what you can do to help.

Two magnificent 100 yr old trees, an Oak and a Pohutukawa, growing side by side, are the sole remaining trees sitting on a huge, cleared 10 hectare site, at 321 Rosebank Road, at the beginning of the Rosebank industrial area in Avondale. This is the site of the last remaining market garden in Auckland City.

These two trees are very symbolic, and complement each other very well.  They are also historic and great community landmarks, and great specimens in an otherwise barren landscape.

Access road no longer threat to trees
Auckland City Council’s transport engineers, planners and the developers were in negotiation around the siting of the new access road from Rosebank Road to this business park, with the preferred option from the transport engineers running right through the trees.

However, at a private hearing on 23rd February, with commissioners, planners, transport engineers and the developer, it was agreed to go with a different access road further down the site, thus removing the threat from the trees.  

Surprise move to request felling of Pohutukawa
The planning commissioners then made a surprise decision to agree to the developer's request, made only at that hearing, to be able to cut down the historic pohutukawa.  In addition, the commissioners agreed NOT to notify this subdivision application, despite this tree being an obvious historic and great specimen, sitting along side the historic oak, and still generally protected. (click here for link to decision and planner's reports)

Auckland City Council recently removed elected councillors from Planning Hearings as well as the right of community boards to have input to these decisions.

The developer had not applied before the hearing to cut down this tree, so no-one knew prior to the hearing.   The developer, John McKearney, of Jomac Construction Ltd, did offer to covenant the Oak, but the exemptions granted to the Covenant belittle its worth (please see below).

Indecent haste to fell tree
The Commissioners' written decision was published on Thursday 4th March.  The next day, Friday 5th March, while The Tree Council was in the process of getting legal opinion on obtaining a stay of execution and a judicial review on the decision not to notify, we got wind that the developer was intending to cut the tree down that afternoon.

After a flurry of activity and phone calls between lawyers, the High Court, and the developer, the developer's lawyers, Russell McVeagh, gave an assurance that the developer would wait a week to give The Tree Council time to file any legal claim.  

The Tree Council meeting with the developer
The Tree Council also accepted his invitation to meet with him, in good faith, on Tuesday 9th March.

Stay of Execution Filed
The Tree Council, through our lawyers, Cowper Campbell, have filed for a hearing in the High Court to obtain a stay of execution on Wednesday morning, March 10th, depending on the outcome of the meeting with the developer.

WHAT YOU CAN DO
*    Write letters to the local and national media
*    Contact Auckland City Council
*    Let us know whether you want to be alerted in an emergency to rush down to Rosebank Road
*    Think about any donations you might be able to make towards the costs of taking a judicial review, if necessary

Thanks very much, Sigrid Shayer, Chair

Contact Sigrid Shayer on ph 828 3727; 021 058 2812; sigrid@pl.net or Hueline Massey, Field Officer, 09 425 9246; 021 1503385; thetreecouncil@ihug.co.nz

PS - The Neighbouring Oak
Whilst the neighbouring Oak is meant to be covenanted by the developer, the small print in the Commissioner's decision indicates that the covenant is not what it seems.  Accessways and parking areas may be created within the root zone of the tree, although these surfaces have to be pervious.  The roots of the oak tree may also be trimmed if they are interfering with any underground building works or services.  And the tree will be subject to the usual (new) trimming allowances of 20% of live growth removal over any given three calendar year period.