Queen Street exotic trees safe till council meets next Tuesday

Auckland City Council has abandoned plans to axe 20 exotic trees along Queen St in favour of natives - for the time being.

The exotics were scheduled to be removed and replaced with cabbage trees, but the council yesterday surrendered the resource consents required to carry out the work.

Matt Casey, lawyer for action group Save Auckland Trees, was contacted by council lawyers yesterday and given two reasons why the applications would go no further:

* Work to be done on the trees would be different to that allowed by the original consent, requiring a new application.

* The council accepted it had failed to fully advise all three commissioners appointed to approve the consents, and received a decision on the consents from only one, Mr Casey said.

Action group spokeswoman Lesley Max said whether a High Court challenge to the council's actions proceeded would now hinge on the outcome of a council meeting next Tuesday to reconsider the trees' fate.

A public outcry followed the council's decision to replace the exotics with nikau palms and cabbage trees. That decision led to fears of an impending "Queen St massacre".

Save Auckland Trees' legal challenge, outlined in a summary released by Mr Casey yesterday, alleged the council failed to fully inform the public of the trees' fate, and did not consider the "views and preferences" of those affected.

The group's second claim challenged the granting of consent under the Resource Management Act, saying it should have been notified. The retreat meant an outright victory on the second claim, said Mr Casey.

Mr Casey said the trees could still be in danger if the council conducted its consent process correctly in future.

Auckland City Council chief executive David Rankin yesterday confirmed the trees were safe for now, with "absolutely nothing" planned to happen until January 19 "at least".

He said the council never intended to remove all the trees, only the ones that were ill, unhealthy, obstructing awnings or blocking footpaths.

The council meeting next Tuesday will reconsider the exotics' fate, "tree by tree". Mr Rankin said arborists would report on the health of individual trees and council staff would provide plans to add more exotics.

"Following the meeting there will be an application for whatever the intended tree plan is."

Lesley Max said she was pleased with the decision, but urged residents to be alert to future council initiatives, particularly regarding trees.