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An Auckland homeowner is upset at losing her privacy after a developer cut down her 50-year-old garden hedge without warning.
Developer Ishant Arora claimed the hedge became unstable when roots on his land were cut while building a retaining wall.
Arora promised to replant trees and build a fence, but disputes remain over how much vegetation should be restored.
An Auckland homeowner is dreading her loss of privacy after a garden hedge described as the pride of her backyard was cut down without warning by a developer.
Meinan Qiu said she believed the hedge at the back of her New Lynn garden was 50 years old before it waschopped down by workers building homes on the property behind hers about two weeks ago.
The towering hedge – which Qiu claims was on her side of the boundary - shielded her Astley Ave property from noise and views of the neighbouring building site.
But developer Ishant Arora claimed it needed to be chopped down for safety reasons.
He said the hedge’s trees had been on the border between the two properties, with the roots stretching into Arora’s section of land.
May Qiu and husband Hulin Young stand by what's left of their backyard hedge after it was chopped down without warning by builders on the property behind. Photo / Dean Purcell
May Qiu said the hedge was within her property but the developers say it was on the boundary between the properties. Photo / Dean Purcell
That meant when workers digging earthworks for a retaining wall on Arora’s land had to chop some of the roots, the trees began listing and were at risk of falling, he said.
Qiu said she was speaking out about her hedge because it added a lot of value to her property, and she “doubted” Arora’s willingness to fix the issue because he was “not very proactive”.
However, Arora said he had been open with Qiu and her husband.
His team hadn’t intended to chop the hedge trees. It was only as the work took place that the foliage became “really unstable”.
He said his team had to pull the trees down because they were worried they might fall on to a small dwelling at the back of Qiu’s property.
May Qiu's back hedge, which used to give her yard privacy, was chopped down by builders on the property behind.
New Lynn home owner May Qiu said her property's lost its peaceful view and been left exposed to noise from the construction site behind after her hedge was chopped. Photo / Dean Purcell
When Qiu raised concerns that day, his team explained what happened and promised to reinstate the hedge, Arora said.
He had given an undertaking by text message that his team would build a new fence between the properties and replant mature trees at no cost to Qiu, he said.
He’d also scheduled a meeting between Qiu and his landscaper this week.
“I’m a business person, so I don’t really involve emotions into it, and I’ve clearly told them that we will make it good for them,” he said.
“We’ve done everything by the book.”
However, the size and number of trees to be replanted remained a sticking point, Arora said.
The trees would be between 1.5m and 2.5m tall “due to space constraints for larger root balls”.
Qiu said the original trees were 4m high. She wanted up to 15 trees replanted, but Arora said there wasn’t space for that many.
Auckland Council’s website said people may need planning approval to cut trees encroaching on to their land.
“If any branches or roots from trees on your property cross a boundary, your neighbour has the right to cut or trim them. However, they may still need resource consent to do so,” it said.
A Consumer NZ article about trees said people have the right to cut roots back to the boundary line of their property under a legal right known as abatement.
However, people are not allowed to unnecessarily damage the tree or do more than what is needed, and can be liable for any damage they cause.
