Destructive Forces

What is your view of Rural Whakatane - Now and for our future?

Riding on the bus, down an empty street, No trees to see, No birds to greet, Stumps and sticks, lying on the ground, No chirping flapping, Not a sound, Beauty and life is what it lacks, And nothing can ever bring it back, Station road will never be the same, And ____________ is to blame!!!!!! 1|Pa ge

1.0 Summary of our concerns:  The removal of 45 mainly specimen trees on Station Road Whakatane with very lax processes;  The lack of community consultation (other than the farmer) and consideration of alternate verge users;  The lack of understanding of how trees are environmentally useful for all, including the air we breathe, the stock, and the aesthetic value they bring  The Further encroachment of fences on Station road without public consultation giving the farmer a further 6800 m2 of land;  The possibility of contaminant migration, and the disturbance of such;  The obvious lack of processes within the council;  Past council workers, now with other entities, e.g. Opus’s ability to make decisions without core council approval (re last meeting statement by Martin Taylor);  The District Plan and its changes are not congruent with the wider environmental strategy, nor the global strategy; and,  Should this plan allow the total disregard for the wider communities needs?

What are you leaving for your community! Dear Mr Mayor I live on Station Road, poroporo, and was upset at the removal of trees by Horizon Energy recently. I read in the recent Beacon that the council may ask Horizon E to replant and restore the 'Country Lane' like atmosphere that was once here. I write now in full support of such a move. I ride horses regularly on Station Rd, as do others that graze horses at my property. The very wide verge allowed us to get well off the road when trucks approach. Station road has many trucks at times. We often have overseas visitors the stay with us from Scotland. They love ( sorry that should be loved) the wonderful trees down our road; that is the sort of thing that makes NZ special- have you been on UK roads? The beautiful rural atmosphere is what Whakatane has to offer especially. So please do all you can to keep our wide verges, and trees in the district. Please get Opus back inline- as contractors to the council they have no right to make political discisions on WDC behalf. Thank-you I am available to be contacted if you wish

2|Pa ge

1.1 The removal of 45 specimen trees on Station Road, and the fence encroachment of over 6800 sq metres of land with an encroachment fence. Disregards the Councils strategic “four well beings”: 

Current and future economics –does not consider the use of the land for the wider public or the image portrayed, to visitors to the community.

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Social –this has decreased the ability to enjoy the surroundings by the diverse community of walkers cyclers, horse riders, as well as those utilising this rode for thoroughfare

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Cultural –turning rural Whakatane in to a city style rural development not allowing our future children to use the rural areas, as we have.

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Environmental well being –affecting the carbon foot print, the birds, and the stock.

To: [email protected] Sent: Sunday, November 23, 2008 8:39 AM Subject: In favour of wide grass verges on our country roads. I often try to ride my horse on the road side to the beach and have trouble with thoughtless drivers. They never slow as they pass or even move over. It is very scary. The last time I looked at a Road Code book it was still saying that horses have the right of way. I wonder how many people are aware of that. I will support your push to ensure that our grass verges are as wide as possible.

3|Pa ge

8.3 metres from power lines

13 metres from power lines

Definitely Not on the farmers property!

1.2 It is intelligent to require in the future:  Processes which ensure the council is fully aware and will take responsibility for any removal or trimming of trees on public land by any commercial or personal entity;  The replanting of the trees on the public land. (The farmer believed most of this was on public land);  The farmer who has use of the land to be responsible for safety of the replanted trees, and to replant yet again should his machinery or his stock ruin them;  The removal of the fence to 4 m from the road shoulder (including the gravel) minimum for the public safety, (we note this permit issued was for 1 year) and fences to have gates and access for the public to use;  Consideration for both immediate and future use of this land by the public;  Further fencing encroachment to consider the children, the horse riders, the cyclers, and walkers using the road side verges; 4|Pa ge

 Wider improved consultation and knowledge of the wider community;  Core samples taken of the area for likely hood of further contaminant migration from backfill from the board mill;  The District plan should also consider what image it is presenting to the public, to visitors, both domestic and international of Whakatane; and,  The District plan to take into account the global awareness of the need of trees, particularly the carbon footprint. *Consider sponsoring a Salvation Army school which trains youth in Arborist Certification and utilises them for projects like the trimming of trees.

Established Cherry Tree no higher than 3.5 metres

**We have been advised it is the council who is now responsible for punitive or exemplary damages, particularly where negligence is shown to endanger the community. 5|Pa ge

Timing 2.0 To clarify the timing of the tree removal and how it coincided with the permission given to the farmer for the movement of the fence 8 metres on to public land. 2.1 The farmer had applied for the fence encroachment quite some time ago. He did not help in keeping the verge clear by putting out his stock or mowing it as the other farmers had. 2.2 Once permission was given to move the fence, the trees came down, in fact the day the trees were removed the fence was in process and began as soon as the diggers had left –who organised this? 2.3 Council gave broad permission to Horizon Energy on the 7th of November for the "removal of trees on Station road" –would such a broad permission be given to the public? At less than 3.0 metres and with two electric wires in this fence this verge is unsafe on an open road frequented by trucks

What are you leaving for your Grandchildren & Mokopuna? 3.0 Contamination 3.1 This road itself is 4.4km long and was over 30 metres wide, and in the past there was a drain & swimming hole. However both were filled in. The public would like assurance (via core samples) that the fill did not contain contaminants and that there has been no migration of contamination across the road. 3.2 Obviously the pulling up of trees would create a disturbance of any leaching within the soil from 6|Pa ge

contaminated fill. We do not want this in the food chain.

4.0 Permission given by council 4.1 The director of works and services took quick action on hearing of this tree felling & and put a moratorium on any cutting of trees from this point on. It was his belief the council were unaware of the situation, however the unfortunate issue is that throughout this process, the information had not reached his desk 4.2 On the 7th of November Council gave a very broad letter to Horizon about the removal of the trees on Station Road. This was just one working day prior to the removal of the trees. 4.3 This information did not come up the chain to the Director of Works & Services who had in fact in March raised concerns over this. The council, did in fact approve the fencing encroachment, however it appears the DWS was not fully informed on the impact of this. We the public would like to see better processes in place so that this will not happen. 4.4 Unfortunately it appears this has not helped Murapara.

5.0 The removal of 45 specimen trees on Station Road, and the fence encroachment of over 6800 sq metres of land with an encroachment fence. 5.1 Disregards the four well beings: 

Current and future economics –consider the use of the land, the image portrayed, and visitors to the community

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Social –decreased ability to enjoy the surroundings by the diverse community

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Cultural –turning rural Whakatane in to a city style rural development not allowing our future children to use the rural areas, as we have.

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Environmental well being –affecting the carbon foot print, the birds, and the stock.

7|Pa ge

Will they cycle, will they walk – will they be the next Mark Todd or obese and unfit?

Your decisions allow them to develop! 6.0 Following the last meeting the mayor asked that the council consider the merits of cutting down the trees 6.1 It appears the benefit falls in to only three camps  The Farmer gets 850metres by 8 meters of extra land to graze, this is 6800 m2 of which he can graze yet his stock no longer have the benefit of the shade. Nor will he have a benefit of an established tree line sheltering the land in the future when the farmer resells or subdivides his land (20 + years time).  The council no longer need to manage the upkeep of the verge, (saving on that extra 100k they spent on the Canterbury contractors) nor trim the trees.  Horizon had agreed to cut some trees though most were clearly outside the legislative limit. Perhaps they may have carried the brunt of this.

8|Pa ge

7.0 Through the lack of Process the Community has Lost the Benefit of these trees & the Verge & the community has also suffered through the fence encroachment on this parcel of public land. 

Aesthetic value to all who used the road. The tragedy of removing these trees is the pleasure the walkers and cyclist received. Harriers and cyclists come out frequently. Neighbours loved this walk - but no longer.

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A place for our children (tamariki) and grandchildren (mokopuna) to rest and enjoy on their cycle or ride around the block

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The environment has suffered through the removal of this whole line of trees The Bird life, particularly the croft of Pheasants have been made homeless

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The stability and containment of the possible contaminant issues (PCP)

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Horse riders are now too close to this road, which trucks and loud vehicles on the road (many rode quickly to this open road and perceived safety.)

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Leaving under 3 metres of verge for horses, kids and cyclists to get away from the increasing number of trucks and fast vehicles. This we believe is dangerous! Kids and cyclists now sit under 2 electric wires rather than a stretch of trees.

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We believe that as a domestic tourist destination, and sometime an international destination, that both the tree removal and the fence encroachment does not live up to a positive image for Whakatane, for those who seek to enjoy the open spaces, to ride, to cycle and to walk here.

Fence post 3.0 metres from road with a slim horse and a car which is narrower than a truck on the shoulder leaves little room for safety!

9|Pa ge

What is your legacy! 8.0 We the public are asking for a minimum of 4 metres (with a preference for 5 metres) from the gravel on the side of the road to the edge of the fence on the road; more where an electric wire is on the fence. 8.1 The difference between 3 metres and 4-5 metres is significant. Currently you are asking us to travel too closely to these large fast moving vehicles. 

We are asking for a replanting of the trees;

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We are asking for a wider road verge than has been considered ‘safe’ to date

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We are asking for greater consultation and consideration

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We are asking for core samples to ensure there has been no contamination of this area.

Whakatane District Council Policy Statement 16.5.6 “7.1 Acceptance of a Fence Encroachment on a Rural Road The acceptance (or otherwise) of all fence encroachments remains at the full and sole discretion of the Council. Amongst matters that the Council will take into account in the exercise of its discretion are whether the fence encroachment will: 

Interfere with access to another property;

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Affect road safety or the public’s right to use the road;

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Assist in efficient maintenance of the road berm;

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Have consequences to any services within the road or to any service provider;

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Permit the ongoing maintenance of the road carriageway”

It is unfortunate that most of these points have not been taken into consideration, missing out on Kids, horse riders, and some cyclists. The Public lose the Benefit of the Trees and the Verge, not only now however into the future, and in the years to come, the public who elected the council officials are now unable to enjoy the road and the verge as they have historically.

We look forward to a positive future, with greater consideration to the environment and wider consultation of the public. We look forward to breaking ground with replanting of a number of these trees, and safer roads for our children. 10 | P a g e