Tree protest set to fail

Attempts by a group of Matua locals to save a Ferguson Park pohutukawa tree have a hit a legal snag.

According to Tauranga City Council, they have no option but to cut down the tree at the request of the Waratah Street resident who wants it removed.


Despite local protests, a 54-year-old covenant appears to have killed off any hope of saving the tree in Matua. Photo: Bruce Barnard.

A covenant put in place when the sections were originally purchased back in 1961 guaranteed uninterrupted views. The developers of the Tilby sub-division, as it was then known, also donated the Ferguson Park land to TCC at the same time.

According to a resident, who wishes to remain anonymous, the covenant guaranteed unbroken views for buyers along the ridge, which they paid a premium for.

'Thirty two years ago we paid huge amounts for those sections and it was because we would always have uninterrupted views,” they said. 'If someone on the ridge says ‘the tree is blocking my view', the council has to cut it down.”

This claim has been backed up Mayor Stuart Crosby, who has confirmed that the covenant is still active and the conditions remain very clear.

He checked the details after being contacted last Friday and again on Monday by residents who insist the tree is being cut down against their wishes – all except one.

'It's a legal covenant that states the council has to keep vegetation to a limited height,” says Stuart.

'What I was unsure about and wanted to check conversations that took place in 2007. I do recall that public engagement exercise, when there was a request to remove all the trees around that time.”

The outcome of the 2007 agreement was that while some of the trees would be removed, council would do its best to leave the remaining trees in place despite the legal covenant.

'In effect what was in place was an arrangement that we would manage the trees as best we could,” adds Stuart, 'knowing that there was a covenant in place and that the owners in Waratah Street had an absolute right to enforce that covenant.

'That was in place until earlier this year when one resident exercised their rights to have this other tree removed - which from my personal perspective is really, really, sad.

'This resident, and I do understand it is only one, is exercising the covenant and has effectively forced the council to remove a beautiful pohutukawa tree.”

'The covenant is very clear. The council has to maintain the vegetation at a particular level and regretfully it appears that one resident is enforcing that.”

The level is about 1.5 metres above the property lines, says Stuart. In 2007 all seven trees exceeded the height restriction.

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15 comments

In All Fairness

Posted on 18-02-2015 09:07 | By Disappointed

It is wrong that one anonymous complainant can place numerous Waratah Street residents under suspicion of being the "squeaky wheel". Name and shame please.


Very Sad

Posted on 18-02-2015 09:31 | By tabatha

I presume the one resident who is getting blocked has a flat lawn with no trees, hates the sound of birds waking him up in the morning. We seem to be in a culture where by if something blocks our view it goes. We are in an area that had views over 40 years ago, they disappear in springtime through to autumn and then when some leaves fall get the view back over winter. What do we get the chatter of birds, native and introduced. I suppose if the tree in Ferguson goes we may get some of those birds our way. All I would ask is the person who wants the tree gone think of others not just your self. we live in a world where conflicts are abounding and most is because one group find a simple fault with another and say we will get rid ofthem.


You.could.say.that.

Posted on 18-02-2015 09:56 | By How about this view!

It is a sign of the times unfortunately and it really makes my blood boil. We have a COUNTRY that appears to have no problems with the complainers and minority groups believing that they MUST be listened to and that their "WANTS" must be acted upon no matter how small and insignificant a group they may be within a community at large. Certainly doesn't feel like a democratic society at times.


Name and shame please.

Posted on 18-02-2015 10:29 | By Murray.Guy

Name and shame please is a request by You.could,say.that., themselves choosing to cry foul from the shadows! The ONLY shame is that Tauranga City Council have chosen not to honour the agreement in place and had they done so the resident and property owner would not be forced into this position as the trees would have been maintained as legally obliged to by Council.


Very short sighted

Posted on 18-02-2015 10:56 | By The Sage

The tree has already been thinned out. Wouldn't like to be the complainant should it leak who he or she is. I hope their confidants remain water tight for their sake.Doesn't make for a convivial community.


Spilt Milk Murray?

Posted on 18-02-2015 12:05 | By Disappointed

To bemoan how one anonymous voice can both override and sully the many is not a cry of "foul" but more a cry of loss at the dearth of democratic principle in play here. Are you suggesting that in your absence this is another Council cock-up?


.

Posted on 18-02-2015 12:33 | By whatsinaname

I bet the tree was there when the complainant brought there house.. geeeees one person spoils it for everyone.


Time to review covenant laws

Posted on 18-02-2015 12:53 | By The Sage

That covenant is over 50 years old. Surely these things should have a time frame. Will that covenant exist in another 50 or 100 years? Some changes need to be made.


Bigger issues

Posted on 18-02-2015 13:36 | By Kaimai

What a lot of whinging and bitching over a tree - plant another one if you want a tree, plant two trees even, its not hard to dig a hole and plant a tree!


Council To Blame

Posted on 18-02-2015 13:54 | By fabpuss

The blame lies squarely with the council for not maintaining the tree. The property owner is entitled to a tree no more than 1.5 metres and the public/ratepayers are entitled to a tree maintained to a height lower than 1.5metres therefore BLAME the Council. They are not maintaining trees and bushes all over the city, they are allowing them to grow like weeds.


Finally!!!!!

Posted on 18-02-2015 15:11 | By Lived in Matua for 30 Years

Good to hear this is moving forward, I've lived in Matua for 30 years and have always thought they are an eyesore. The people immediately effected by these on Waratah should be the only ones with a say, most of the idiots having a cry on here probably don't even live in Matua! Go give one of the other many pohutukawa around Tauranga a cuddle, might make you feel better


@Lived in Matua for 30 Years

Posted on 18-02-2015 17:05 | By tabatha

I have lived in the Otumoetai area since 1948, that makes it 68 years. The Tilby farm was right by us and many a year I helped to pick up potatoes grown by the two brothers. Ray and Kath's son was at boarding school and I was asked to help. To those who have Waratah as their address, I hope no late potatoes come up. The person this is aimed at suggest you start thinking of the future, a bare city with no trees is the same as a city without people, a concrete jungle. People make the city and then the nice parks, trees compliment the area. Home is Matua and I live 1 km away from it and Levers Road back then was a metal road, very dusty.


Tree Height

Posted on 18-02-2015 17:09 | By peter pan

Well said Murray Guy i only wished they would do something about the height of trees all around the city and especially the walkways where some trees have become huge.Just think of the people in Edgcome rd who have lived there for years and views down the Estuary.The council over the last few years has been replanting trees on the banks.Just think in a few years their views will disappear and nobody sees the trees but them.


Selfish but what's new

Posted on 19-02-2015 13:28 | By Annalist

Many of the complainers would also insist on their covenant rights if the shoe was on the other foot. As for naming and shaming I find it rather disturbing that someone should be named and shamed for simply insisting that a written covenant be honoured. Integrity seems to be a lost virtue these days.


Annalist

Posted on 05-03-2015 23:41 | By YOGI BEAR

Well said "Integrity seems to be a lost virtue these days" so where does that leave our beleaguered Councilors, perhaps it is about time for a beleaguered Score Card on the results achieved compared to the promises made in 2013, when enticing votes


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