Alana Brough, the daughter of a New Plymouth city councillor, is facing a substantial fine following a prolonged dispute with the council regarding a large pohutukawa tree outside her residence. The tree, which is entangled in power lines, has prompted Ms. Brough to take matters into her own hands by planting fruit trees and a vegetable garden in the berm, in defiance of council regulations.
As she was renovating her two-storey home in Vogeltown, New Plymouth, Ms. Brough encountered resistance from the council over the maintenance of the over 10m high pohutukawa tree on what she believed was council-owned land. Despite her requests for the council to trim the tree, she was informed that it was not their responsibility. Frustrated by the lack of action, Ms. Brough decided to plant on the berm, initially starting with wildflowers and eventually adding fruit trees, herbs, and vegetables.
Her actions caught the council’s attention, and she was promptly instructed to remove the planted trees and revert the berm to grass. The council cited the Local Government Act, stating that it was illegal to plant on the berm without authorization. Despite Ms. Brough’s argument that if the berm was her responsibility, she should have the right to use it, the council stood firm on their decision.
Support for Ms. Brough came from her father, Councillor Max Brough, who believed that the council’s response was heavy-handed and suggested a review of the existing policy. He highlighted the inconsistency of excluding grass clippings from the zero-waste target and saw an opportunity for a broader conversation on berm usage.
Neighbours had varying opinions on the planted berm, with some in favor of the idea of fruit trees accessible to the community, while others raised concerns about potential obstructions and maintenance issues. Ms. Brough planned to present her case to the council in hopes of advocating for a change in policy that would permit residents to plant on berms under certain conditions.
This incident sheds light on the complexities of berm ownership and maintenance responsibilities, as well as the broader implications of council policies on residents’ ability to utilize public space creatively.
