"We have had so much going on with my father dying and putting our house on the market we need a break. This just stresses us out and I have had sleepless nights knowing my rooks will be poisoned soon."
Since going public about her stance last year she had received support from Orit Barusch in Israel, who owned a rook sanctuary, and Arian Wallach, who was fighting to save indigenous species in Australia.
"We want them here, we need them here, they are a part of the farm's ecosystem. Chemicals don't work to control grass grub, which start to rise to the surface about the same time that the rooks' breeding season starts."
Mrs Burgess said she had also spoken to farmers who had experienced major outbreaks of grass grub a year after their rookeries were wiped out.
"They are doing the job they were introduced for and continue to do, control pests in pasture."
Despite their desire for rooks on Olrig Station, under council's Pest Management Strategy 2013 all rooks north of State Highway Five are to be eradicated and south of the state highway are to be kept below 7000.
The strategy said rooks were initially introduced to control pasture pests, but their usefulness for this purpose was now considerably outweighed by the damage caused to agricultural crops and soils.
"For the majority of the year, rooks feed in small groups on soil invertebrates," the strategy said.
Under the Biosecurity Act 1993 all land occupiers who have rooks nesting on their land have to take reasonable steps to ensure no action is taken other than by an authorised person pursuant to this Strategy, to disturb the birds in the rookeries. A breach of this rule was an offence under section 154 of the Biosecurity Act 1993.
"Would the council really enforce the Biosecurity Act on a local farming couple, threatening them with prosecution, just to allow them access to poison two rook nests near their chicken coop," Mr Burgess said.
A Hawke's Bay Regional Council spokeswoman said they could enforce control on the couple but don't want to do that.
"We have been in discussion with the Burgesses as we want to work with the landowners and we understand that some areas are sensitive."
The spokeswoman said the regional pest management plan proposal would be going out in February next year for consultation and people would have six weeks or so to make new submissions.