LAW REGARDING TREES

Bay of Plenty Beacon, Volume 15, Issue 46, 19 May 1950, Page 4

LAW REGARDING TREES

Sir, —In a letter to the Bieacon come time ago, a correspondent Mr F. Prideaux, in making public some of his own opinions regarding come matter, stated that many people wrote letters to the press simply because they had an axe to grind. Personally, my opinioni is that the press is the proper and only instrument available to the public to air their views on any subject, irrespective whether they have an axe to grind or not, provided it is the truth and nothing but the truth.

In his small town it appears there toe a handful of “Big Noises” who want the whole show run in their own selfish interests and deplore any press publicity which may affect their own welfare. As one who will not be “muzzled” by any of these “big guns” of this or any other town, I am writing this letter n garding a matter which affects about half a dozen ratepayers in this Borough. After all the recent rain we have -had, some of these ratepayers have waken to the fact that a belt of trees approximately 70 feet high on an adjoining property are keeping their backyards in a state of “bog” for the rest of the winter, besides obscuring the sun from their properties and being a menace to same.

Now, Sir, while these ratepayers c 1 e told by one lawyer in town that they can do nothing about it, even if the trees fall on their properties and kill all occupants, the tree owner is not liable for any damage done, these ratepayers are not allowed to put down any concrete to take the place of the mud, owing to cement restrictions. So that while these ratepayers put up with wet back yards, the owner of the trees can see fit to concrete the whole cf his back yard. Another town lawyer refuses to give a legal opinion regarding demolition of the trees, owing to the tree owner being his life long friend. Perhaps the New Zealand Law Society can give me advice whether a lawyer practising law can decide whether c not or to whom he can give legal ao.vice. This proves to me that there is one law for the poor and one for the rich. I don’t beat about the bush to say that I have written to the Minister of Housing to ask why the Building Controller allows one man to concrete his back yard and ?'efuses others the right to even use one bag of cement. Further to this I am advising all ratepayers affected by the tree nuisance to petition Parliament for an amendment ti the Law regarding' trees as it does not make common sense in my way of thinking that anyone can grow trees, that can block all sunshine out of houses built or to be built become dangerous or kill people and the owner not be liable for damage. Surely, Sir, if this is the law, the sooner it is amended the better it will be for all those who have unscrupulous neighbours.

Yours etc., - STANLEY EVANS, Whakatane, May 18.