Tree scheduling tests democracy in new Local Boards

An early test of the attitude of Local Boards towards their community's participation in decision making has developed in west Auckland. Whau Local Board Chair Derek Battersby has stated that his Local Board will not be nominating any trees in his ward for scheduling, because private property rights (to chop them down) are more important.

He has even prevented one of his elected Local Board members from placing a Notice of Motion regarding the issue at the next meeting planned for Tues 8 Feb, 6.30pm at the Board's offices at 31 Totara Ave, New Lynn. This is entirely undemocratic and against the standing orders of the Board to prevent members from raising issues by refusing to accept an Order of Motion presented within the appropriate deadlines.

The Whau ward covers Green Bay, New Lynn and Avondale and has one of the lowest levels of trees nominated for scheduling in the Region. Battersby, who lives in tree-covered (but for how long?) Titirangi, makes no secret of his support for the removal of blanket tree protection.

Under the RMA Amendment Act introduced by the National Government in 2010 the blanket tree protection for native trees on private land will be removed and from 1 Jan 2012 anyone can chop down any tree (including kauri) without the need for a consent or any consultation, even with their neighbours whose property may be directly affected by their actions.

Waitakere City, North Shore and the Auckland Regional Council, supported by the Waitakere Ranges Protection Society and various Heritage Area R&R groups made an application to the Environment Court prior to the amalgamation for a declaration on whether the "Managed Natural Areas" (and other specific groups of trees) already identified in District Plans count as "a group of trees" under the new legislation. If the answer is yes then the blanket protection will remain. If it is no then places like Titirangi may face large scale clearance next year, potentially having serious consequences for slope stability and stormwater runoff. The answer is expected later this year.

In the meantime, The Tree Council, Waitakere Ranges Protection Society & others have petitioned Mayor Len Brown and Councilors successfully to set up a policy group including council staff and experts from external organisations to brainstorm a new approach to tree protection policy for urban Auckland that everyone can live with. This group has met once so far and is currently working on a paper of proposals.

With the clock ticking however Local Boards have been given the job of nominating notable trees in their wards for scheduling. For some reason (and on who's authority?) council staff have decided that only the Boards themselves and not the public may nominate trees. Some Boards are asking their community for input and taking a pro-active approach to the issue, even going so far as walking the entire ward. But not so in the Whau where it would appear the trees are doomed unless Derek can be persuaded to listen to his electorate.

You can take the initiative for your street and suggest trees for scheduling to your Local Board by downloading this form, completing it and sending it in by 31 March. It would be prudent to attend your Local Board meeting's public forum and ask to speak to ensure your suggestions will be accepted and put forward by your Board.

A list of the Local Board meetings is here.

Download more information on the new tree rules here.