Redwoods retained after legal wrangle

The trustees of Kerikeri Retirement Village say the redwoods along their boundary put residents at risk and block winter sunshine. Photo / File

Trees appear to have scored a rare victory over bureaucracy in a council decision not to fell a stand of redwoods in Kerikeri.

The trees, on council land beside Hawking Crescent, have long been the subject of impassioned debate.

The Far North District Council, acting on a recommendation from the local community board, voted early last year to let them stay. Only those found to be weak or diseased in annual inspections would be felled.

That was applauded by locals who say the trees are an attractive feature of the Kerikeri skyline and help preserve the town's microclimate, but decried by trustees of Kerikeri Retirement Village, who say the trees deny residents sunshine in winter and put them in danger every time a storm hits. One tree fell in last year's storms, albeit within the stand.

The trees number about 140 and were planted 80 years ago.

The redwoods' time appeared finally to be up last December, however, when councillors were told the council's insurer might not pay out if a tree damaged property or claimed a life. Opinion was divided so they voted to delay the decision while they sought legal advice. The matter finally returned to the council table in April.

The legal advice was that, since the council had been informed the trees were a potential risk, it could be liable for damage to neighbouring properties if it had failed to take "reasonable steps" to mitigate that risk. In other words, the trees should be cut down.

Cr Ann Court, however, said felling the redwoods would set a precedent threatening all trees on council land. If the advice was taken to its logical extreme, any time someone complained that a council tree was a risk, it would have to be removed.

"It's not in anyone's interest to do that. It wasn't about the redwoods per se, it was a principle position."

Councillors voted to retain the trees and continue the annual inspections. Two arborists' reports last year found the trees were in good health. One report recommended ongoing checks, the other that the trees be cut down because there was no guarantee they would not fall in a major storm.

Councillors also voted to retain a pedestrian ford across Kerikeri River near the Stone Store despite complaints it is a health and safety risk.

Two concrete slabs were placed across a gap between rocks after the road bridge was removed and before the pedestrian bridge was built, so people could still cross at low water.

The ford is popular with children but Kerikeri identity Charlie Smellie says it encourages people to walk where they could slip on rocks and should be removed.

Legal advice was that the council would not be liable for injuries caused by people slipping on the rocks, but it could be liable to civil action if someone slipped and dropped a phone or camera into the river.

A warning sign may be erected at either side of the river.