Auckland Council taken to court over protection rules putting almost 600 trees at risk

Monday, 8 November 2021

More arrests have been made at the Canal Rd tree protest in Auckland's Avondale. (Video published March 2021)

Tree advocates are taking Auckland Council to court over its decision not to expand its schedule of protected trees over the past decade, leaving nearly 600 at risk.

The Tree Council said the council had failed its legal duty to maintain the Notable Trees Schedule.

“It is outrageous that Auckland Council cares so little about the remaining trees worthy of being scheduled as notable,” said Sean Freeman, chairperson of the Tree Council.

Councillors in November 2020 voted 14 to 1 to review its decision to schedule new trees only “when resources permit” following a presentation from the Tree Council.

* Century-old pōhutukawa saved from chopping with legal action after council error

Tree campaigners bemoan the lack of protection for trees sought to be listed in Auckland since 2016.

* Century-old pōhutukawa could face chop thanks to council 'clerical error'

Council officers said at the time it would cost $871,000 to schedule all 587 individual trees nominated for protection.

It had scheduled no trees for protection since the completion of its Unitary Plan in 2016.

“The Tree Council would be surprised if more that 10 per cent of those trees nominated still exist and are able to qualify for scheduling because of the massive loss of trees on private land over the last six years since general tree protection was removed from the Resource Management Act (RMA),” said Freeman.

Prominent pohutukawa trees in Khyber Pass Rd have no scheduled protection.

A coalition of tree advocates in August estimated 1000 trees were being felled every week in urban Auckland.

Only about 2000 trees across the region are individually listed as “notable” and the “Stop the Chop” group said 60 per cent of the city’s trees were unprotected on private property.

“We are in a climate emergency and mature trees are the best carbon store we have and yet Auckland Council has not resourced this work and apparently has no intention of doing so,” said Freeman.

The Tree Council has questioned the council without success over discrepancies such as a Khyber Pass property which had two historic listed pohutukawa trees but the listing was amended to show just one in line with the one tree still standing.

The general protection for trees meeting certain criteria was removed as part of a reform of the Resource Management Act RMA, requiring councils to individually list those it considered “notable”.

The Tree Council has renewed its call to the Government to renew that protection and noted 2400 submissions had been made to a select committee on further reforms.

Freeman said that after the November knock-back from the council’s planning committee, it had written to the chief executive Jim Stabback, but he declined to recommend politicians consider providing funding for new scheduling in the 10-year budget, passed in June.

The Tree Council’s application is now before the High Court in Auckland for consideration.

Auckland Council has been approached for comment.