Hi, we're looking at purchasing a house on the north shore and there's a tree that is on the kerb outside the front fence. It's huge and blocks a lot of the light from the front yard. I called council to ask whether they cut trees if they are blocking sunlight and the woman said all that she knows is that they don't cut trees to enhance people's view. Just wondering if anyone has experience with something similar please? Will try calling council again tomorrow to speak to someone with a bit more indepth knowledge as she was in the call centre and not someone who deals first hand with trees/arborists/etc. Thanks
fogs,
Oct 27, 11:29am
Pretty hard to get the council to do anything on the North Shore these days. They used to maintain the plants on a speed table outside our place but since amalgamation they have only done it once
lythande1,
Oct 27, 6:09pm
Nope, not unless it's a danger. If interferring with powerlines, it's on the owner. Best cut it down yourself.
vmouse,
Oct 28, 12:19am
Thanks, assuming you're being sarcastic? I'm sure council wouldn't appreciate that.
ira78,
Oct 28, 12:46am
Sarcastic? Why? Auckland City Council apparently dropped blanket protection of trees in 2012.
I don't know specifically how this works for Auckland, but Wellington did similar a few years before that. Effectively as long as it wasn't a protected tree or similar you're free to chop down any tree on the council land between your property and a street.
oh_hunnihunni,
Oct 28, 5:20am
Just be careful. Years back we had a house in Torbay, where there was an overgrown pine growing on nextdoor's verge, the roots of which tore up our drive. The neighbours wouldn't fix, so we took the North Shore City Council on about it, and eventually (after a hell of a fight) they organised removal - but in the process they planted a pohutukawa on our verge smack in front of our sun. I kept it trimmed down by picking out new shoots, but when we left the new owners weren't gardeners, and let it go. It's now a big tree, and I suspect they have no sunlight through their living areas. If it's part of that early 90s 'street tree programme', you might have a problem, seeing it's the old council responsible. Best of luck though, I reckon perseverance wins the day. If you can stand the stress.
vmouse,
Oct 28, 7:14am
Ok, thanks. I interpret that link as saying that areas like road reserves etc still fall under the rules of protection. You're saying the opposite?
pauldw,
Oct 28, 8:35am
Don't confuse the WCC rules applying to your trees on YOUR property with WCC owned trees outside your property. Your have no right to touch public trees.
oh_hunnihunni,
Oct 28, 9:11pm
If the Council via Auckland Transport can control what is planted on the berm and decide what height is permitted, and they own the berm land with that the right to do what they want with it - then trees planted on that land are also their responsibility. That was the position we took, and won on, but the Council did delay, prevaricate and try all kinds of strategies to weasel out, including sending us a monstrous bill immediately the work was completed - which we returned. If the property is worth the stress, go for it.
vmouse,
Oct 29, 1:04am
Yeah, that's what I was thinking too.
vmouse,
Oct 29, 1:05am
Thanks, we've put our offer in so if we're successful then I will approach the council. Love a good stoush with the council!
zirconium,
Oct 29, 5:56am
We won by detailing photographically over about 5 years what our street tree issues were, then putting in a big submission requesting council to take responsibility for any ensuing issues/damage/stress.
spiritofgonzo,
Oct 29, 6:39am
If it's a street tree, good luck. Don't buy the house and think you will be able to trim or remove the tree . Best to assume you can't. If that's a deal breaker don't buy it.
portly,
Oct 29, 7:53am
Midnight Arborist, buckets of very salty water or ring bark. They have planted 3 Pohutakawa outside my place and every one has died. "I Know Nothing" Shultz
vmouse,
Oct 30, 12:19am
They turned down our offer so we're not buying it anyway. Thanks everyone :)
mrfxit,
Aug 16, 9:08am
Best argument I have used against councils & telco/power companys is the "Insurance" clause.
Have had several situations with either tree's effecting land (footpaths etc) or sloping power poles effecting lines.
Goes along the lines of . >>
So who's going to pay for the resulting damage from the power & ph lines rubbing together, shorting out & frying all the electrics in my house.
So who's going to be paying for any cars damaged when the tree falls / branch snaps off in a storm.
We also had a cable hatch on the edge of our driveway that was remade in the most crappiest concrete I have ever seen (you could break off fresh lumps & crumble it in your hand), because the fiber workers smashed the original top & they got that repaired really fast but ONLY after I asked who was paying for the car damage when a turning car drove over the curb & dropped through the crap lid.
Each case has had good results but ONLY when insurance is mentioned
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