Contractor’s machinery occupying parts of the Bird Park, Photographed in September 2024

Located on the southern frontier of Hamilton City’s expansion, Shaw’s Bird Park continues to be the site of ongoing conflict between individual property rights and a city council’s ambitious plans for new suburbs.

In the name of the Public Works Act 1981, Hamilton City Council is taking land from Murray and Margaret Shaw to build a road. Their land, featuring Shaw’s Bird Park, stands in the way of the Peacocke suburb development plans (Hamilton City’s large Greenfield expansion).

After parts of the Shaws’ land were claimed by proclamation, the Hamilton City Council has effectively subdivided the land without the Shaws’ consent. A corridor for the road construction has been placed through the middle of their bird park which has left titles and dwellings without road access.

Some damaged and ruined sections of the Bird Park, Photographed in September 2024

After many trees and aviaries were destroyed at the bird park earlier this year, the latest developments have involved contractors installing fences and concrete barricades across the property. With access to tenanted dwellings on his land being restricted by the barricades, on the 10th of September 2024, Murray Shaw started using a digger to remove the barricades while verbally accusing the contractors of trespass.

Fences and barricades block access to parts of the Shaws’ land, Photographed in September 2024

Murray Shaw, a 75-year-old man with no criminal record, was arrested again by police on the 10th of September 2024. He was released later that day. The police are accusing Murray of trespass on the land which belonged to him. Murray Shaw remains defiant and is due to appear in the Hamilton Court on Friday 4 October 2024 (9:00 am, Hamilton District Court).

Murray Shaw and some residents of his Hall road properties have been served trespass notices on behalf of the Hamilton City Council. Murray Shaw has previously notified the Hamilton City Council and related contractors regarding trespass on his land and has installed signs at the Bird Park to that effect.

Murray Shaw has signs and trespass notices on the Bird Park, Photographed in September 2024

Further articles related to this issue:

OPINION: Shaw’s Bird Park: Broken Promises and Debt-fuelled Destruction

Shaw’s Bird Park, the road, and the Council: A bureaucratic nightmare in Hamilton