Media release: for immediate release Wednesday 19 May 2021

The Tree Council is delighted to announce that an agreement has been reached with both the landowner of 8 Eglinton Ave and Auckland Council that will ensure that the notable pohutukawa that sits on top of a volcanic feature in the garden of the property will be retained.

Following legal action by The Tree Council an interim enforcement order was issued to prevent the tree’s removal until the Environment Court could address the issue of amending the error that led to it being omitted from Schedule 10 Notable Trees in the Auckland Unitary Plan. This enforcement order will remain in place until Auckland Council publicly notifies a plan change to correct the omission and add the tree back into the schedule. According to the agreement this must happen by 14 October 2021.

Auckland Council will put the decision to notify the plan change to the Planning Committee in July for ratification. Once this decision is made The Tree Council will withdraw its legal action which has now been adjourned to enable this process to occur instead of going to court.

The landowner Mr Zheng wishes to meet with both Auckland Council and The Tree Council to discuss how a development can proceed on the site that can both retain the tree and accommodate his desire to develop the property.

The Tree Council’s Chair Sean Freeman is delighted that all parties have been willing to work towards a solution that will benefit everyone. “It is a win-win-win for the landowner, community, Council, the environment and future generations of Aucklanders. We want to thank Mr Zheng for being willing to accommodate retention of the tree in his development plans and we want to thank Auckland Council for being prepared to fund a plan change to correct the error that they concede was made in the preparation of the Unitary Plan.”

“However most of all we want to thank our Board Member Mark Lockhart who has worked tirelessly over a number of weeks to make this happen and to fundraise to cover our legal fees – and to everyone who has supported us and made a donation. You are a legend Mark, thank you for your mahi.”

Donations towards our legal costs can be made via our Givealittle Page at