Decision not to appeal

So after feeling deflated about the decision by the Commissioner, the decision needed t made whether to appeal or not. This was a complicated decision which involved consultation with the lawyers and the advice was yes I may have a good chance if I appeal but thing to consider if I go down the appeal process were..

1. The cost of lodging the appeal

2. The cost of lawyer fees to assist in the appeal process - probably no change out of $20K

3. If I lost the appeal the Council could claim their costs to be involved in the appeal process from me.

I had to make a decision by the 29th November 2021 whether to appeal or not.

On the 23rd November I received an email from the ADC as follows

Hello Tracey

I have tentatively booked in our arborists (Four Season Tree Care) for early December, for the remedial pruning of your tree at 30 Queens Drive. If you are agreeable and will allow access, I’ll contact them for a date/time, then will contact you again for confirmation and notification.

Notification will also be given to your neighbour at 28 Queens Drive.

Kind regards

Rhonda Gallagher

So I was thinking here is some progress, despite having had 11 months to fo this work, it was finally happening and would achieve the original goal to at least remove the wind throw of the tree, which would make the tree a fraction safer and mitigate some of the stress for my neighbour.

So I made the decision that this was a step in the right direction and when faced with a $30-40,000 bill to appeal I decided that this was better than nothing.

My hopes were soon dashed when at 4.46pm on the 29th November, I received the following email.

Hello Tracy

Having been speaking with Lyall Jemmett, we now have some concerns about the crown reduction stressing the tree if done at this time of year. I have contacted Brad Cadwallader for his recommendations, I’ll then contact you with his recommendations for time of year to complete this pruning.

Kind regards

Rhonda

At this point I was guttered because there was no way at that time of the day I would be able to submit an appeal to the decision because I no longer trusted that the Council would follow through.

To add insult to injury I was also sent bill for additional costs for the Resource Consent hearing for $9,500 which I thought was a clerical error.

So I then decided that any contact with the Council was not good for my health & wellbeing, not to mention my financial wellbeing, so decided they were no longer permitted anywhere near me or my tree.