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Murray Shaw says he’s ready to chain himself to a tree to prevent Hamilton City Council from building a new road through his property.
But the 71-year-old may be there for some time with the council heads saying they have no plans to move into the Shaw’s Hall Road property while legal issues are at stake.
Stuff spoke with Shaw and his wife Margaret in 2018 about their concerns about the council’s plans to put a road through their seven-hectare site.
The Shaws have spent the past 31 years turning their rural property into a bird sanctuary, creating a network of ponds and habitats for birds.
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The couple opened their park in 2018 and say the attraction can host up to 1,000 visitors a day on weekends.
MARK TAYLOR / Stuff
Margaret and Murray Shaw want the public to help them prevent Hamilton City Council from putting a new road through their Hall Road property.
This week, the Shaws upped the stakes with the council, claiming the contractors planned to move into their property in a few days, a claim the council strongly rejects. Murray Shaw has even dug a trench along one of his border lines to prevent heavy vehicles from accessing his land.
Hamilton Mayor Paula Southgate said council staff are committed to working with the Shaws to find a win-win solution. The parties are currently involved in a mediation process of the Environmental Court.
A key focus of the process is finding a way to mitigate the effects of the new road on the Shaws’ home and bird park.
The bird park can continue to operate once the new road is built, Southgate said. Council staff have suggested various solutions to allow people to cross the street to access the bird park, but they have yet to reach an agreement with the Shaws.
A portion of the Shaws’ property is in the designation of a new east-west highway as part of the Peacocke area town hall development. The road was part of a structure plan in 2007, and the road layout was confirmed in 2014.
The council’s executive director, Richard Briggs, said the Shaws’ claim that the council is about to send contractors to their property is false.
Contractors are currently conducting soil tests on two city-owned properties near the Shaws’ property.
Murray Shaw said the legal advice provided to him indicates that any legal challenge against the council is likely to fail. He said he already spent $ 48,000 fighting the council.
MARK TAYLOR / Stuff
Murray Shaw says the new road will negatively affect public access to his bird park.
The Shaws say the new highway corridor will pass 1.9 meters from their home and cut their property in three parts. The stress of dealing with advice has affected their health, they say.
“In every meeting we’ve had [with the council]”I have said this property is not for sale,” said Murray Shaw.
“I am not interested in [their] money, we just want to keep the park but … they have worn us out.
“Now it is up to the public to try to keep this park as it is.”
Hamilton Deputy Mayor Geoff Taylor said Murray Shaw had previously come out in favor of the council’s Peacocke structure plan, which included the proposed path for the new road. At one point, the Shaws filed a subdivision consent to take advantage of the new road. It was later withdrawn.
MARK TAYLOR / Stuff
Murray Shaw dug a trench to prevent municipal contractors from accessing his land.
“The road designation was confirmed in 2014, that’s six years ago, and the Shaws didn’t open their bird park until 2018,” Taylor said.
“I wonder why they opened it as a bird park in 2018 when the designation was confirmed.
“Exist [also] concerns about whether it is the ecological wonderland that it is supposed to be. “
Southgate said she does not have the ability as mayor to override the council’s plans and recognizes the Shaws’ passion for birds.
“I have no doubt that these people really love their land. Let’s see if we can work together to create mutual benefit. “
