An arborist works on cutting down an historic norfolk pine tree in Mt Albert.

Auckland officials say they will not act over the removal of an historic tree, despite the work being done without consent.

The century-old norfolk pine in the central suburb of Mt Albert is being cut down on Wednesday even though an urgent application to the Environment Court failed.

Property owner James Gilderdale asked for an emergency ruling to allow the felling because the tree is dangerous, but the court said it couldn't make the decision for technical legal reasons.

Chris Skelton The century-old tree in Woodward Road has become extremely dangerous.

However it said it was "disappointed" that Auckland Council had not been able to move on the issue for fear of setting a precedent over the felling of historic trees.

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Principal Environment Judge Laurie Newhook agreed that the tree was threatening life and property. "It is now at a point where the applicant faces an emergency situation," he said.

The pine is estimated to be up to 130 years old and is scheduled as a notable tree under Auckland's District Plan. Ordinarily Gilderdale would need a resource consent to cut it down.

It significantly overhangs his house in Woodward Road, which is itself a heritage building named Valhalla, after the Viking heaven.

The tree has caused a litany of problems since he bought the property in 2009, and his insurers have threatened to review his cover:

- In 2010 three large branches blew down in a storm, damaging the house and garage roof.

- In 2012 Gilderdale returned from overseas to find that heavy branches had fallen causing thousands of dollars worth of damage to his boat and a car.

- In 2014 a storm caused branches to spear through the roof and ceiling of the house, narrowly missing the occupants and causing $13,000 worth of damage.

- In a particularly frightening incident last year, a branch weighing over 100kg fell from 30m up in the tree and landed beside Gilderdale on the lawn.

He began seeking a resource consent in 2014 but ran into financial difficulty, and consultation restarted with the council late last year.

However it could take another two months to get consent, and in the meantime the situation has become urgent, the Environment Court said.

Norfolk pines are experiencing a "mast" year for cones, and the Woodward Rd tree is laden with sizeable cones which can dent cars and break roof tiles, it said.

Gilderdale has replaced over 500 tiles in the past five years that have been broken.

"The consequent imminent risk to the property and its occupants necessitates urgent action." Judge Newhook said.

However the case was at "the awkward interface" of the responsibilities of the Environment and District Courts, and it would not be appropriate for him to make a ruling.

The risk to human life and property would offer Gilderdale a good defence to prosecution if he went ahead and removed the tree, the judge said.

Mark White,the council's manager central resource consents, said it had agreed the owners of the Woodward Rd property would not be prosecuted if they removed the tree without consent, due to the immediate safety concerns.

Gilderdale said both a council heritage arborist and a private arborist had advised him he had no other option.

He was sorry to see the tree go but it was putting the lives of his family at risk.

"I'm as keen as anyone to protect heritage trees, but there's only so much you can do," he said.

When he and his wife bought Valhalla the tree was part of its appeal. It was one of a matched pair, with the other tree occupying the neighbouring property.

"You wouldn't buy a property like this if you didn't like trees," Gilderdale said.