GONE FOR GOOD: Neighbouring residents were dismayed at the felling of cliff top trees. Times photo Bruce Nicholson.

• Howick and Pakuranga Times

A MAN has been directed to stop cutting down trees on his property until a council investigation is completed.

About eight trees in a street with spectacular Hauraki Gulf views have fallen prey to the chainsaw.

But while one pohutukawa, a Norfolk pine and a group of natives, granted temporary protection by the Environment Court, have survived, another protected pohutukawa is among those cut down.

Consequently, the Auckland Council’s consents team is considering further action because a rule in the Auckland Council District Plan (Manukau Section) and a section of the Resource Management Act (RMA) were breached. The tree was cut down without resource consent, says Heather Harris, the council’s resource consents manager.

Residents in the vicinity of 96 Marine Parade were up in arms when they discovered the felled trees on the privately owned cliff top property, which borders council reserve.

The property owner’s action was criticised as an example of people misinterpreting recent changes to the RMA.

At issue is the Government’s decision in 2009 to amend the RMA (1991) to remove blanket protection for all trees in urban areas from January 1, 2012. Many people thought it meant any tree could be cut down from that date.

However, the Environment Court granted temporary legal protection from January 1 for 1800 notable trees throughout the super-city. The pohutukawa cut down was subject to temporary protection under the plan change, Ms Harris says.

Submissions for the Schedule of Notable Trees closed on Friday. In the meantime, property owners should check the legal status of their trees before carrying out any work.

Removal of the general tree protection order rules applied only to sites classified as “urban environment”. Allotment size must be no more than 4000 square metres, the site must be connected to a reticulated water supply and sewerage system and contain a dwelling house or an industrial or commercial building.