A Tauranga motel owner is horrified at being served a warrant for entry after she chopped off a branch of a Tauranga City Council protected tree rooted firmly on her property.
Thirteenth Avenue Redwood Motel manager Catherine Thompson cut a small branch off a Camphor Laurel tree on her Fraser Street property due to fears the branch was endangering her family and business.
Margaret Buchanan, 79, and Catherine Thompson with the tree cuttings.
'I removed a branch two weeks ago because it was banging against the house and had become tangled in the wires,” says Catherine.
The day after, on September 16, council officials arrived at the property, accusing Catherine of breaching the Resource Management Act and served her a warrant for entry – to be carried out today.
Catherine was informed she had breached section 9 of the RMA and rule 6B of the Operative Tauranga City Plan by removing the branch of one of 399 ‘Notable Trees' in Tauranga.
But Catherine claims she did not know the tree was protected.
The tree was made one of Tauranga City's 339 individually Notable Trees in 2001 – 10 years after Catherine's family purchased the motel, she says.
'Council made it notable, which is just ludicrous. It's the equivalent of a gigantic ragwort.
'I refused to give them the limb and asked them to leave politely. I just don't think they can make a ruling on a whim and then force people to agree they are right.”
Catherine received an email from TCC today informing her a council arborist will visit the motel at 1.30pm today to remove the cut-offs and assess if further work is needed to 'maintain the vitality and shape of the tree”.
Catherine is horrified at the accusations, and cannot understand how trimming a tree she believes was endangering her family, on her own property, is illegal.
'How can they tell me I've committed a crime when it is on my own property?”
TCC's website states if a tree appears in the Notable Tree register then it is protected. Most activities in relation to removal, modification to, or works beneath the drip line, of a protected tree will require resource consent approval – which Catherine did not apply for.
Tauranga City Council is refusing to comment on the dispute saying investigations are still on-going.
The Camphor Laurel tree, or Cinnamomum camphora, is a large Chinese evergreen tree, which grows 20-30 metres tall. The leaves have a glossy, waxy appearance and smell of camphor when crushed. In spring it produces bright green foliage with masses of small white flowers.






28 comments
Office Workers Gone Overboard
Posted on 27-09-2013 07:05 | By tabatha
Another case of office workers being heavy handed. If the tree had damaged the motel who is liable? Presume TCC and that means all ratepayers. Use some brains someone.
really now
Posted on 27-09-2013 08:23 | By gingerpussy
this is getting beyond a joke. The tree was on her property, it was doing damage so she trimmed it lightly. For goodness sake, she didnt destroy the tree, (which she should have cos its an eyesore)....Come on TCC, get involved in things that really do matter......
Get real
Posted on 27-09-2013 09:06 | By Poseidon
Come on TCC get real, this tree is obviously a hazard to both people and property. Who would be spending our rates to defend a case if some one had been injured or property damaged, TCC that's who I suspect it would be
foolish
Posted on 27-09-2013 09:14 | By rotovend
another reason or should I say of councils proving they are totally about red-tape and certainly not about being sensible waste of money having councils its an out-dated system involving red-tape and egos
Corporate arrogance
Posted on 27-09-2013 09:18 | By Bronzewing
This is bullying of the worst kind. If Council want to declare a tree notable then it should also accept the responsibility for maintaining that tree. But they don't and petty little officials create mayhem like this and waste ratepayers money. It is very obvious that the tree was causing a problem and instead of taking the big stick approach, just going and talking to the owner, explaining their position and looking for a practical solution, they pull out a stupid act and get all uptight. Is this what we pay for?
Trees
Posted on 27-09-2013 10:04 | By Rik
This tree is not native so therefore it should not be protected. I would say only native trees to New Zealand should be protected, like Pohutakawa, Kauri rimu and so on. Not any trees brought into the country.
Beauraucy gone mad
Posted on 27-09-2013 10:21 | By freedomkiwis
Wow, this is just ridiculous. I'm agree with above in that if someone had gotten hurt by a falling branch it would have been the motelier footing the bill, not the council. Do council come and clean her gutters of all the tree droppings, do they repaint her motel when it starts to show signs of damp and mildew from constantly being in the shade? Did they come in themselves before hand and offer to trim the tree for her? No, they wait until someone unknowingly does something they believe to be right, then sting them. Come on TCC - use your brains for a change and have some ethics while you're at it.
Stupidity
Posted on 27-09-2013 10:34 | By Kaimai
Tauranga Council Tree Policy is a farce - shame TCC can't concentrate on issues relevant to the voters. Tree huggers should grow trees on their own properties and not try to enforce their opinions on non-tree huggers.
Who is paying these people
Posted on 27-09-2013 10:45 | By Surfwatch
We are paying these bureaucrats, and this is how they justify their jobs. Just plain silly. Trees growing against properties, cause damage through rubbing and leaf dropping. Also they are a prime avenue for rodents to get into your house. The council should be taken to the RMA for not maintaining their "tree". They make it notable and then just forget about it, and dont even advise the owner as to their responsibilities, and give them a chance to remove the "notable" tag.
maybe elections
Posted on 27-09-2013 10:56 | By rayzgirl
will put some more sensible people onto the council and we might see some changes to some of these rules. I think these councillors that make these ridiculous rules need to remember that they are elected by the people for the people not for their own agendas and prejudices. shame the tree didn't get blown over in the high winds it would of saved the motelier a bit of grief
ridiculas by concil
Posted on 27-09-2013 11:48 | By G1st
Geez Tauranga council get a life!!. The city is dying because of their pathetic actions. Time to find a real council and mayor with balls!!.
officials nothing better to do
Posted on 27-09-2013 12:37 | By Crash test dummies
Certainly crazy, mad and some. Dot these pea brain officials have anything better to do? Oh tests right so many of them and so little to do. She is right her property her decision end of story.
Tree.
Posted on 27-09-2013 12:48 | By Lois
I think we should rename them Tauranga Crazy Council, it would suit them better.
Pay Some Rent.
Posted on 27-09-2013 13:22 | By dms63
Just a thought...if council want to protect trees that belong to someone else, they should pay the owners a rental/lease for said tree. OR at the very least, maintain the tree for the owners of the property!!
Motelier served warrant
Posted on 27-09-2013 14:09 | By relvino
This a good indication that we need to clear out the present City Council, and elect people who have more sense, and understanding of the "real" world outside their cosy offices.
Grrrr!
Posted on 27-09-2013 15:28 | By space cadet
I guess our property owners are now just discovering the true nature of their 'ownership'. Private property 'rights' have become secondary to all else. Protected tree it might be, but like protected people with rule books surpassed only by their sociopathic egos, they can sometimes become monsters and in need of a damn good trimming. Lets hope someone down at the council with a bit of humanity and ground level practicality, gets down there and help those ladies optimise that tree and assist the safe and practical management of their property and business without resorting to'big stick' tactics that would mark them as bullies and thugs.
Crisis and upheaval
Posted on 27-09-2013 15:49 | By zarak
This is a Council that rather than trying to save our money is in preference employing more and more bureaucrats and giving them brand new cars to go around the city counting the amount of tree branches missing on other people's properties. This is real an incredible Council.
Rastus
Posted on 27-09-2013 15:55 | By rastus
Bear in mind people that all these employees (supposed to be our public servants) are almost all university trained - in what you may well ask - obviously common sense is not one of their subjects. If this tree was so special as to be placed on the register then surely one of these should have been instructed to keep an eye on the tree and instruct the council arborist to do what ever maintenance is necessary - Listen - you can't have it both ways - if you want to be in charge of the tree then take responsibility - I'm sure this poor lady has support from the majority of ratepayers. PS If you are going to register trees then you should make sure the owners are fully aware - so what we actually see here is just more incompetence
Use your vote
Posted on 27-09-2013 16:27 | By Airflow
If this kind of heavy handed action by the Council makes you angry, as it does me, use your vote carefully in the forthcoming local elections!
Pot calling the kettle black!
Posted on 27-09-2013 16:29 | By johnjd
About 8-9 years ago a Pohutakawa tree growing in the COUNCIL maintained garden on the cnr of Maunganui Rd and Adams Ave was removed. WHY and who authorised this. Motel on Cnr, Residents because it obstructing there view or was this a council only decision?.Maybe this should be sorted before this motelier is fined.
Glad elections are coming up soo
Posted on 27-09-2013 17:52 | By vonnie
maybe we will get someone on the TCC who have their priorities right..since when was a tree more valuable than a person!!!
Know your facts
Posted on 27-09-2013 17:56 | By Objective Journalism
If you have a tree worthy of being notable on your property that the COMMUNITY and expert arborists think are worth protecting for the benefit of the people of Tauranga they give you many opportunities to submit opposal and voice your opinion to not protect it. If you read some information about these Notable trees you will see that recently there was approx 1800 protected trees in Tauranga, now 339! Council waive fees and aroborist report fees for people who want to prune or remove these trees for valid reasons. Council is a conduit for the people not a separate entity they dont make up rules, they listen to people then ask everyone else for their opinion, this city is going to look like a concrete jungle soon with no trees, cmon people read their information, its there!!!!!
No one better.
Posted on 27-09-2013 18:41 | By dgk
Well, this shows the quality of staff at TCC. Pity I can't find anyone better to replace them with....
It's a pity
Posted on 27-09-2013 21:11 | By CC8
A pity that the heavy handed city officials are not as vigilant about enforcing other parts of the RMA instead of just the obvious and easy ones.How Apart from the fact that this tree is ugly,stinks and attracts flies.In fact in most parts of the world outside its native South East Asia it is a noxious weed,,http://www.dpi.nsw.gov.au/agriculture/pests-weeds/weeds/profiles/camphor-laurel.about the people who plant trees to comply whith the RMA and obtain consents...then just remove them as soon as the council staff have ticked all the boxes.
It's just unbelievable..!!
Posted on 28-09-2013 09:23 | By groutby
That we have so many excess people in our Council who have the time to waste finding things like this to "stick their noses" into. Look, the RMA (as it stands)is a joke, we know that, but why we actually pay these people to potentially waste valuable Police time is surely well beyond the logic of any ratepayer. There are so many more important things to get concerned about..the "job protection" mentality is alive and well at TCC....!
Democracy!!!
Posted on 28-09-2013 10:25 | By Sambo Returns
me thinks Mr Objective Journalism, that you may be a little outnumbered here, thats how democracy SHOULD work, the majority should have the major say!!!so you should possibly take your "tree hugging", ideals somewhere else.
Typical
Posted on 30-09-2013 19:06 | By Wonkytonk
Come on this is typical of people not caring for the area. Rules are there for a reason, this one to protect trees for valid reasons, stop crying over it. Next time listen before you go ahead...
Rules are rules
Posted on 02-10-2013 16:12 | By Good day
Throw the book at her
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