Clutha District Council’s decision to fell two trees at the Christie Street Reserve has been upheld.
Mayor Brian Cadogan said Council’s stance throughout had always been that Council acted appropriately with integrity.
“We are heartened to have that position vindicated by the decision,” Mayor Cadogan said.
The Council decided in July to remove a sequoia and an oak tree following concerns raised by the owners of the neighbouring property about safety concerns during extreme weather conditions.
However, that decision was challenged by members of the public with Maxine Evans seeking an injunction to stop the trees being felled and a judicial review.
Mayor Cadogan said Council had a responsibility to the ratepayers to seek costs and Council would be pursuing that option fully.
“What is frustrating is that the deflection of Council resources at a time when so many positive projects need our attention is something we are unable to recover.”
In the judge’s notes it stated that the decision was to ensure the Council “lawfully exercised powers” given to it by legislation in deciding to cut down the oak and the sequoia.
The judge also stated in the report it was not for the Court to examine the substantive merits of the decision that was made by Council but to examine the decision-making process.
The trees will be removed and Council will instead plant to the south of the reserve some Pin Oaks and Acer Freemanii Maple varieties that are expected to get to 3 to 5 metres high when mature.