Avenues resident and Tauranga City Council urban design panel member Phil Green has challenged the tree’s removal and sought a stop-work order.
Green told the Bay of Plenty Times he complained to the Ombudsman over the council’s decision to grant the removal order without a proper risk assessment and over the council’s process in reaching the decision.
He asked the council to halt the process until there was clear evidence immediate danger cannot be managed with alternative management methods.
Phil Green has challenged the removal of a protected tree in Ōtūmoetai.
Green said information requested under the Local Government Official Information and Meetings Act (LGOIMA) confirmed Grenfell was not provided with an arboricultural risk assessment or expert advice before granting the removal order.
He also requested copies of past and current arboricultural assessments, professional advice Grenfell had relied upon, and details of those who inspected the tree.
Green said he was told the documents sought “did not exist”.
“The CEO [Grenfell] has no arborist knowledge, and the tree is a New Zealand notable tree,” Green said.
Avenues resident Phil Green says there are strict protocols and processes that must be followed through the resource consent process.
“Even if there were safety concerns, there are strict protocols and processes that must be followed through the resource consent process.”
NZ Notable Trees Trust trustee Brad Cadwallader has also asked the council to suspend the removal order while options for retaining the historic tree were explored.
He said the trust acknowledged the council held photographs of branch failures.
“However, those factors only raised the possibility of future impacts if another failure occurred.
“Without appropriate technical assessment, it does not necessarily establish another significant failure is likely or imminent, or removal of the entire tree was the only proportionate response.”
NZ Notable Trees Trust trustee Brad Cadwallader.
Cadwallader said as the tree was still standing, it raised the question whether the claimed emergency in April still justified bypassing the normal consent process.
“We’re asking council to suspend the removal direction and commission an urgent, independent assessment by a suitably qualified consulting arborist.”
Brownless said the council arborists inspected the tree several times, either late last year or earlier this year. Limbs fell off within days of one inspection.
“The issue isn’t whether the tree is healthy but that it is dangerous to those who live with it.
“The request to remove the tree was based on evidence from myself and affected neighbours who live under the danger of falling limbs, and support the tree’s removal.”
Former Tauranga Mayor Greg Brownless. Photo / Rosalie Liddle Crawford
Brownless said his focus remained on having the tree removed.
“It’s a big task and not all companies can take on such a job.”
He said when he found a capable company, he would have the tree removed immediately if a contractor was available.
He declined to comment on Green’s complaint to the Office of the Ombudsman.
“The argument is between Mr Green and the council, so I don’t have any comment.”
The Bay of Plenty Times asked whether the council would revisit its decision if an Ombudsman investigation found fault with its approval of the removal order.
Reneke van Soest, the council’s general manager of operations and infrastructure, said the council would always respect the Ombudsman’s decision.
“For now, we will continue to prioritise public safety in relation to this specific tree.”
An Office of the Ombudsman spokesperson earlier said Green’s complaint was being assessed.
Green said he received a response from the Ombudsman confirming no investigation would take place “at this stage”.
It said complainants were expected to exhaust all other reasonably available ways of resolving the matter before an Ombudsman would investigate.
Green said he believed he had formally complained before filing his LGOIMA, but would fill in the council’s complaint form.
“I hope the council’s acting chief executive Gareth Green will ask the tough questions of the council’s senior managers and agree to revisit the removal order.”
He said if his request was refused, he would again pursue the matter with the Ombudsman.
Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post and has been a journalist for more than 26 years. She mainly covers police, court and other justice stories, and general news. She has been a Canon Media Awards regional/community reporter of the year.