"Until the court hands down its decision [on the Property Council request], our rules remain in force," said Mrs Hartley.
The council's response has locked Epsom resident Helen Wenley into a drawn-out process in an attempt to remove a gum tree which she thought the law change would easily allow.
However, the tree is one of 1800 put forward by council for protection.
She is objecting to that and seeking a resource consent.
Mrs Wenley questions a claim it is 100 years old, saying at the very most it would be 37 years old.
Council arborist Paul Hansen opposed resource consent, saying the tree was structurally sound and healthy and "contributed to the amenity of the neighbourhood ..."
The tree could not be removed while it was under consideration for protection.
Mrs Henley can request a resource consent hearing by a planning commissioner.
LEAVE IT ALONE
Auckland urban tree rules
* Blanket protection removed January 1.
* Temporary protection for notable trees in district plans.
* Property Council asks court to clarify rules.
* Barrister says home owners unsure what is allowed.
* Council gets 120 chopping complaints.