We are raising around $6000 for an injunction and legal proceedings required to protect this tree from potential imminent destruction.
We are raising around $6000 for an interim injunction that has been obtained to protect this tree from imminent destruction.
This ancient pohutukawa was a scheduled tree under the old District Plan, but was inexplicably omitted from the new Unitary Plan, an error the council has admitted. Mayor Goff and Councillors have instructed Council officers to fix the problem.
However, the fix may take time!
To prevent the tree from being removed or damaged before the Council can make a move, The Tree Council has been to court to obtain an interim injunction to give the tree temporary legal protection and instruct the Council to correct their error and return the tree's scheduled status.
We are also making every attempt to meet with the developer to discuss options for development that include the tree.
I am a member of the Tree Council board and a landscape architect.
The funds will be utilised to pay the Barrister who has taken on the case and is working for a much reduced rate. If the monies exceed the target then The Tree Council will use the funds to investigate options for scheduling 587 trees already nominated.
Update and A New Direction: LEGAL CHALLENGE TO UPDATE THE NOTABLE TREES SCHEDULE 21 July 2021 2 August 2021
Council is currently processing the plan change to put the Eglinton Pohutukawa back onto the schedule of protected trees. This will take approximately 5 months.
Your donations made this possible.
Meanwhile, The Tree Council has engaged a barrister to assess the lawfulness of Auckland Council’s decision not to add 587 trees that have already been nominated to Schedule 10 (Notable Trees).
Put simply, since 2013 Council has not added any significant trees to the list of scheduled or notable trees. We believe Council has a legal responsibility to give effect to the Auckland Regional Plan which obligates them to protect significant trees in our city and from inappropriate subdivision. Council’s own Urban Ngahere (Forest) Strategy outlines a range of measures including protection of mature trees on private properties, but this isn’t being implemented.
We are currently experiencing unabated loss of our large urban trees and Council is doing nothing about this. Please donate to assist us with paying our legal fees in our challenge of the lawfulness of Council’s inaction.