Submitter Jim Moffat, of Dunedin, took the unusual step of tabling a poem alongside written evidence during a hearing last month which considered the fate of the 20m-tall tree.
Phillipa and Darren Bain have, for the second time, requested resource consent from the Dunedin City Council to remove the protected pin oak from their King St property.
A council planner has recommended the application be declined — a ruling is expected today.
Mr Moffat, secretary of advocacy group Protect Private Ownership of Trees Society, said over 20 years, he had submitted on countless hearings concerning protected trees.
‘‘I have used poetry before, but not a lot,’’ he said.
His evidence to the February 10 hearing supported the tree’s removal and included ‘‘a Pin Oak poem’’.
‘‘Despite its beauty its branches lie close to human habitat / A fallen trunk or branch by a storm alone could damage the owner’s house and home,’’ one section read.
Asked if he thought the poem would appeal to the hearing commissioners on a different level to other evidence, Mr Moffat said ‘‘I greatly doubt that’’.
‘‘The number of bureaucrats, one way or another, outnumber the applicant. And it's not very fair.’’
‘‘It always astounds me the little interest in these trees until somebody has to fight to get a tree they don't want any more down.’’
In their application, lodged in October, the Bains said cracks recently discovered on the tree’s trunk posed an urgent risk to surrounding homes. A council arborist said the cracks were pre-existing and there was nothing to suggest tree failure was occurring.
The couple lodged an Environment Court appeal against a 2024 council decision declining resource consent for removal.
The appeal was struck out in November, after the council received the second resource consent application, as the couple failed to comply with the court’s evidence timetable and had ‘‘not filed any evidence’’, Judge Prudence Steven said in her decision.
In the couple’s second application, consulting arborist Peter Waymouth said two houses and electrical infrastructure sat in the tree’s ‘‘target zone’’ and potential trunk failure could cause significant harm to people and property.
Results from AI-powered answer engine Perplexity formed part of his assessment — the AI found the tree’s defects indicated a ‘‘high to extreme’’ risk to the public.
Mr Waymouth told the Otago Daily Times the AI’s results had been fact-checked with recognised sources and its use was more akin to a brainstorming tool.
The application received eight public submissions — all were in support of the tree’s removal.
A council spokesman on Wednesday said a decision was expected by today.
A Pin Oak poem
A large tall Pin Oak with its roots prest [sic] in Mosgiel soil.
It looks to the sky all day and night at the owner's cost.
Despite its beauty its branches lie close to human habitat.
A fallen trunk or branch by a storm alone could damage the owner's house and home.
Passers would see it all. No cost to them as the DCC would still collect rates.
