Judge slams council's bullying tactics

Blockhouse Bay resident Christine Butterworth beside the puddle in her yard where a large oak tree stood three weeks ago. Photo / Sarah Ivey

A court has slammed Auckland City Council for using bullying tactics against a Blockhouse Bay grandmother trying to get rid of a troublesome tree.

Nurse Christine Butterworth spent 18 months pleading with council staff to be allowed to dispose of a 15m oak that was taking over her backyard.

Eventually, after repeatedly being refused permission to chop it down, Ms Butterworth decided to take the matter to the Environment Court.

It was then the council stepped up its efforts to dissuade her.

A letter from the council warned she was "on notice that all legal costs incurred by the council from the day of this letter are capable of being recovered in the form of discretionary costs award from the court".

But Ms Butterworth - who likens herself to "a dog with a bone" - does not frighten easily, and pushed on with her court action, despite the threat of a hefty bill if she lost.

"I wanted my day in court, even if I could not afford a lawyer, and I told the council I'd pay its costs off at $10 a week."

And the Environment Court ruled she deserved a chance.

In a September 22 decision, Judge Laurie Newhook said he was disturbed by the council writing to Ms Butterworth, before the court date, recommending that she withdraw.

Someone representing themselves in court would perceive a threat from that phrasing while "all legal costs" was misleading and overbearing, he said.

"Ms Butterworth is clearly a person of some fortitude and good sense, and despite the threat, continued with her appeal and indeed has now succeeded."

The court invited Ms Butterworth to apply for costs, but she declined the offer.

Carl Rowling, of Auckland City Council's legal services group, said the council's lawyer did not act improperly and was only doing his duty to the court and ratepayers.

The point of the letter was to raise, once again, an avenue to address Ms Butterworth's concerns by offering the option of trimming the tree made possible by recent changes to the tree laws, he said.

Mr Rowling said the letter did not advise that a costs award would follow as a matter of course.

Yesterday at her home of three years - which is now minus one overbearing oak tree - Ms Butterworth said that her costs amounted to only photocopying evidence and photographic prints to show the court.

"An arborist told me to take pictures of the amount of debris I picked up from the tree and I showed a photo of seven big black plastic sacks I filled over only three days."

Ms Butterworth said council officials seemed not to care about the tree's impact on people and were focused on saving the 60-year-old lopsided tree.

"The funny thing is that since the case, they are letting a neighbour get rid of a Japanese cedar."