• Part of a tree landed on a car just-exited by a 10-year-old Auckland girl and her nanny during Cyclone Tam.
• The girl’s mother Esme Barber wants Auckland Council to remove the tree, among others on a neighbour’s property that have previously proved problematic.
• Auckland Council told the Herald they can’t generally force property owners to remove or trim trees on private land, but are looking at whether an order can be made under safety provisions relating to “exceptional” circumstances.
• The property owner couldn’t immediately be contacted.

A North Shore mum is broadening the fight for her neighbour’s tree to be removed, contacting schools, public transport operators and unions for support after part of the tree landed on a car her young daughter had just exited.

Maintenance of trees on private property is the responsibility of each landowner.

However, Auckland Council is looking at whether an order to trim or remove the tree should be issued - as it can be when there is a safety risk to road users or public amenities, a council manager said today.

Esme Barber’s 10-year-old daughter and the child’s nanny were lucky to escape harm when part of tree on a property across the street came down on the nanny’s car parked outside Barber’s Northboro Rd home in Hauraki, as Cyclone Tam swept past the country yesterday.

The pair had just returned home briefly and were leaving the house again when part of the tree landed across the car, which is insured.

Her daughter hadn’t processed their lucky escape yet but her nanny was “very shaken”, Barber said.

“She can understand the gravity of it. It would’ve been fatal for her because it [came down] on the driver’s side. It was literally a matter of seconds as they were already out of the house.

“They were lucky, and the next people might not be, so that’s why I’m not sitting on my hands”, Barber said.

She is lobbying Auckland Council to have the tree removed, and has emailed principals of three nearby schools, Ritchies Transport and bus unions.

The red car of Esme Barber's nanny is barely visible under part of a tree which fell during Cyclone Tam in Hauraki, Auckland yesterday. Barber's 10-year-old daughter and the child's nanny had just exited the car.

Yesterday’s incident was one of many involving trees on her neighbour’s property, she said.

“The unmaintained trees have dropped branches onto the path and road numerous times, both during storms and in the middle of the day in fine weather, nearly missing cars and people walking along the path.

“This has been reported to the council many, many times … if the property owner was making excessive noise, or storing unsafe items, I’d be able to report the matter to the council, who would take action.”

Auckland Council can’t instruct property owners to carry out regular tree work within their property, said Taryn Crewe, the council’s general manager of parks and community facilities.

“Occasionally, when a tree has not been well maintained over the years, disease can set in and go unnoticed – which sometimes causes complete failure."

Homeowners should regularly prune and monitor the health of their trees alongside roads and public property, Crewe said.

“In exceptional circumstances where a tree presents a high safety risk to road users or public amenities, we work closely with Auckland Transport to seek a notice ordering the owner to trim or remove a tree.”

The council had previously investigated tree issues at the Northboro Rd property, and a tree they’d received complaints about was removed by the owner in 2022.

“We are looking into whether additional concerns have been raised more recently at the site. Records held by our arboriculture team do not indicate any complaints received after 2022.”

There was another incident of a tree coming down across the road from Esme Barber's Hauraki home in Auckland in 2022.

North Shore councillor Richard Hills, who replied to a comment on a community Facebook page about the incident yesterday, told the Herald he’d speak with council staff about a solution after Easter.

Yesterday’s incident proved a safety risk.

“But I don’t know the legal side of [forcing the property owner to act] because I can’t contact anyone over Easter.”

He was also following up on what happened to Barber’s previous complaints to council, which he was not aware of.

Barber said her neighbour is elderly and hard of hearing, but she was going to knock on the woman’s door today to ask for the tree to be removed.

There was no answer when the Herald phoned the owner.

As a busy, working mum-of-two, she didn’t have time for a drawn-out battle to get the tree removed, Barber said.

But it must be resolved, she said.

“Who knows who it will impact next time? A child walking to Hauraki Primary, Belmont Intermediate or Takapuna Grammar?

“Someone walking their dog? Someone driving to work or an overseas visitor on their way to sightsee? A bus full of passengers?

“Inaction is not an option here.”

Cherie Howie is an Auckland-based reporter who joined the Herald in 2011. She has been a journalist for more than 20 years and specialises in general news and features.