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The problem
When Diego Betanzo bought his home in West Auckland in 2017, he didn’t expect a tree at the end of his driveway would lead to a years-long battle with Auckland Council.
The large sweetgum or liquidambar tree sits between two long driveways at the edge of McEntee Rd in Waitākere.
Over time, Betanzo says, its roots have lifted and cracked his concrete driveway and its branches lean over the road and nearby powerlines.
“For years I was being told it was my tree and on my land, but I knew it wasn’t,” he said.
Betanzo, 50, contacted Stuff after what he described as “years and years of paddling” between council departments, with no clear answer about who was responsible for the tree or what could be done about the damage it was causing.
‘Years and years of paddling’
In 2017, soon after moving in, Betanzo raised concerns with the Auckland Council, saying the tree was damaging the driveway.
But he said the council repeatedly told him it had no record of the tree being on public land.
It wasn’t until early 2025, after Betanzo paid nearly $1000 for a private survey, that the council confirmed the tree was, in fact, on public land.
Auckland Council later acknowledged the tree was located in “an unusual position” inside an urban road corridor area.
The council said “a lack of clarity on the property boundary location” had contributed to confusion over whether responsibility lay with the council, Auckland Transport or the private landowner.
A $900 offer
While the tree had caused issues for years, Betanzo said the damage worsened in early 2025 as roots pushed up from beneath the driveway, cracking and collapsing sections of concrete.
“You can actually see the root under where the driveway has lifted. There’s no denying that,” he said.
Quotes to repair the damaged section of driveway ranged from $7000 to $12,000.
But Auckland Council offered $900.
“After years of back-and-forth with the council, the council did not admit fault and just offered $900 toward repairs,” he said.
The council said the payment was based on its assessment that only part of the driveway damage could be directly attributed to the tree, and that other damage could not be clearly linked.
Betanzo said accepting the money would not solve the underlying problem.
“What am I meant to do with $900 when the tree is still there and still growing? If I fix it now, it’s just going to get damaged again because the tree is growing,” he said.
Water leaks and safety concerns
An internal Watercare email from February 2025, seen by Stuff, stated staff “understand this tree may cause further issues with the Watercare assets nearby”.
Betanzo said the tree’s roots had pushed the water meter box out of position in early 2025, causing a leak in his driveway and a spike in his water bill.
“My bill went from about $25 or $30 a month to more than double that,” he said.
He is also concerned about safety, as a recent storm caused a large branch to snap from a tree, which remained lodged in the canopy above the road.
“It is just sitting there. If there’s the next big storm, there is a real chance it drops onto the road.”
The 50-year-old said he alerted council staff to the hanging branch but, months later, it’s still there.
The council said it had not received any concerns from Watercare regarding the tree.
Council says the tree is safe and protected
Auckland Council said the tree was assessed during its last scheduled inspection and found to be structurally sound, with no broken branches at that time.
Any new damage after storms can be reported for urgent contractor attention, it said.
The tree is a liquidambar and is protected under the Auckland Unitary Plan.
Auckland Council’s acting regional arborist and ecological manager Clive Barnes said its removal would require resource consent and would only be considered if no other options were available.
“Trees are an important community asset, contributing to Auckland’s Climate Action Plan and Urban Ngahere Strategy.
“Removal is only considered when all other options have been explored, and safety remains our top priority.”
What hasn’t been solved
While the land ownership question has finally been resolved, Betanzo says he remains stuck.
If he repairs the driveway while the tree remains, he risks further damage or being held liable if roots or nearby infrastructure are disturbed during the repair work.
“I don’t want to damage the tree and I don’t want to be liable if something goes wrong, but I also can’t afford to keep repairing a driveway that’s going to break again.”
The council said if the homeowner chooses to proceed with repairs and accept the compensation offer, he would need to obtain approval and work with council arborists to manage any risks.
Betanzo says he’s exhausted after nine years of battling and following up with the council.
“I care about trees. I care about the environment. I don't want to just go around chopping trees down,” he said.
“But this tree is causing real damage and has the potential to cause a lot more damage in the future. Why is there no plan to do anything about it?”
The council’s arborist and ecological manager said the next tree check was scheduled for February this year.
“At that time, if further damage is considered unavoidable, removal would be explored,” Barnes said.
