Law Changes to Blame for Kauri Threat
Law Changes to Blame for Kauri Threat
Titirangi
Ratepayers and Residents Association Chair Dr Mels Barton
says that the furore over a kauri tree in Titirangi is a
direct result of the changes made to the Resource Management
Act (RMA) by the National Government.
“The
“simplifying and streamlining” of the RMA has taken away
the rights of communities to have any say on consents
applied for in their local area” she said.
“Virtually no consents are notified these days and
99% are granted non-notified, as in the case of Paturoa Rd
Titirangi, so no one can make submissions or appeal the
decision. This cuts everyone out of the process and leads to
bad decision making as in this case”.
The Tree
Council Chair Sean Freeman agrees.
“People think
that trees should be protected because they are in the
Waitakere Ranges Heritage Area, but in fact the Heritage
Area Act does not include any provisions for tree
protection, it merely prevents further subdivision occurring
in the area” he said.
“Despite the fact that this
tree on Paturoa Rd has protection by being within a
Significant Ecological Area (SEA) as identified by Auckland
Council to protect the bush environment of Titirangi and
elsewhere, the existing development rights for sections
allowed for in the RMA override this protection and so there
is no legal way to protect the tree” he said.
Both
the Waitakere Ranges Protection Society and Titirangi R&R
Association explored ways to protect this bush section
almost a year ago working with the neighbours but despite
getting Council to request clarification on the decision not
to notify the consent the independent commissioner stood by
his decision and consent was granted non-notified.
“There was nothing anyone could do at that point”
said Mels. “If someone had nominated the larger trees on
the section for individual scheduling when Council was
calling for public nominations a few years ago then we all
could have made submissions on the consents that would have
been required to remove these specific trees, but no one
did, so they have no protection as everyone is entitled to
build a house on an undeveloped section and clear a building
platform.”
Sean Freeman agrees “it is a powerful
lesson for everyone in urban areas about how little
protection any trees have now since the Government has
prevented councils from protecting anything other than
individual specimens by scheduling them. If there are
significant trees around you then it is safe to assume they
are not protected, wherever you live, and you should
nominate them to be scheduled. It is their only chance in
the current political climate”.
The Tree Council
supports individuals wanting to nominate trees for
scheduling and goes to court to fight consents for scheduled
tree removal across the whole of Auckland on a daily basis.
Anyone wanting to know more should contact The Tree Council
at www.thetreecouncil.org.nz
ENDS