'For sale' sign gives no hint of furore over pohutukawa

A $1.3 million building site where a protected pohutukawa was destroyed with a chainsaw on the orders of an Auckland property developer is for sale.

But there appears to be nothing on the title of 21 Mt Smart Rd, Royal Oak, to tell potential buyers the newly planted 6.5m tree at the front of the property is subject to a range of court protection orders, including that no buildings encroach within 14m of it.

The tree is also to be maintained by developer George Bernard Shaw for the next five years, after he was convicted this year for ordering contractors to destroy the previous tree. It was thought to be at least 100 years old and stood 11m high at the centre of the 2556sq m site.

The dead tree was removed and replaced by a new one on the orders of Auckland District Court judge Fred McElrea. The new tree cost $15,800.

The orders were part of a lengthy punishment and reparation process whereby Mr Shaw underwent a verbal roasting at a "restorative justice" meeting, apologised to the Auckland City Council and the Maungakiekie Community Board and ended up paying around $165,000 in fines and costs, including $20,000 towards a community board planting programme.

Barfoot & Thompson agent Ian Thornhill said all potential buyers would be told of the conditions, but he refused further comment.

City council spokeswoman Kirsty Jones said the council would "make sure" any conditions were on the title before ownership was transferred.

"We've been kept fully informed; we were aware it was up for sale."

Ms Jones did not know if Mr Shaw had participated in any community planting days as he indicated he would.

At the restorative justice meeting angry neighbours called Mr Shaw "malevolent" and "greedy" for ordering the daylight attack on the protected tree.

The new tree has been planted 7m from the northern boundary on agreement between Mr Shaw and the council.

Mr Shaw said after his conviction he was getting out of the property business, which appears to be borne out by the fact the property is being sold as bare land.

The advertisement in the Weekend Herald's property section says the land has multiple potential uses including hotel/motel accommodation, rest-home facilities, apartment development or a retirement village.