"Obviously this is a risk and yet this morning if I didn't keep on to it nobody would know anything, nobody would care, and it would just go off the radar," he said.
Fulford said one of the council arborists told him he looked at the tree several weeks ago.
"He knew it was cracked, on a lean and probably needed to come down but his attitude was that unless something had changed it was okay."
A Hastings District Council spokesperson said an arborist checked the tree again yesterday afternoon and reported that he considered it safe, however it remained on the council's check list.
The tree was in a natural reserve area. These were not monitored or manicured in the same way as parks, they said.
"As in all natural bush/forest areas, trees will at times fall – however council does keep an eye on those in its reserves that are near walking areas."
Fulford said he had been left baffled at the council's response to his concerns and, while their response was "better than nothing", he was worried people would walk underneath the tree.
"The tree is one thing but it's just the attitude of the council. You would have thought after the water crisis they would be thinking about the way they handle things internally.
"Even if they think the tree is relatively safe they could just put some tape around it but it's just the attitude."
Fulford said if the tree did come down it would damage fencing at a neighbouring property and take out another oak tree in its path, but he was primarily concerned about public safety.
"The real issue is that it's an area frequented by a lot of people."