A man living next to the controversial property where a 500-year-old Kauri tree was earmarked for destruction says he wants to buy the west Auckland land.

Andrew Maehl told ONE News, "if it's available I will [buy it]," but added, "there's a wider consultation process that's needed".

Protester Michael Tavares will appear in court next week over his 81 hour occupation of the Kauri. Mr Tavares was verbally trespassed on Monday morning, just hours after he first climbed into the tree, and police have now charged him with trespassing. He will appear in the Waitakere District Court on April 16.

In a video posted to his Twitter account this afternoon, Mr Tavares said he is "back on solid ground, just heading into the New Lynn Police Station to have a little wee chat with them".

While it's still not certain the tree will be saved for good, after Auckland Council this morning refused to buy the land, Tavares told waiting media this afternoon that his protest had been a success.

"[The land owners] have the consent to fell it, they haven't surrendered that yet. We're hopeful that they will, but negotiations can now take place and we have guarantees from them that the trees are safe while those negotiations take place."

Mr Tavares today blamed the Resource Management Act and says it must be change.

"There is a conversation in this country that needs to be had about our RMA, about the balance between development and environmental protection.

"There should never have been a situation where a tree this majestic had been subject to a chainsaw."

Future of 500-year-old kauri still in doubt

Land owners John Lenihan and Jane Greensmith, who also had permission to chop down a 300-year-old Rimu to make way for private housing, released an open letter today saying the tree is safe provided they are fairly compensated for their land.

They said they had opened discussion with Auckland Council, Vector, Iwi and Treescape. Auckland Council and Vector have both since said they won't be buying the land.

Auckland Council will instead undertake a review into the granting of resource consent to chop the tree down, "with the specific and sole purpose of identifying matters that could be improved in future". The results of the review will be reported back on April 16.

"I welcome the developers' offer to enter into a conversation with council and the community," deputy mayor Penny Hulse said, adding the council will "see if we can make the site work for them."

Vector said it was disappointed a confidential conversation with the owners had been made public.

"The owners have chosen not to respect that confidentiality and as a result Vector sees no potential for further engagement with the owners on this matter."

Mr Lenihan and Ms Greensmith said they wanted to find a solution where "no-one loses everything but we all compromise".