A Tauranga man who admitted to paying a contractor to cut down trees so he could have a better view from his Otumoetai home has been fined more than $45,000.
Tauranga business owner Brian Kent was fined $45,800 in Tauranga District Court after pleading guilty to breaching the Resource Management Act and Reserves Act.
Native trees were found cut down in the Daisy Hardwick Reserve.
The charges come after 11 native trees were cut down in a section of McCardles Bush in the Daisy Hardwick Reserve next to the Waikaereo Estuary. The area is publically owned land and protected for ecological use.
Last year SunLive was informed of the tree felling by an Otumoetai resident who discovered the trees including up to seven mature Pohutukawa as well as Rimu and Pittosporum had been cut down.
The seven felled Pohutukawas were around 15metres and between 20-30-years-old. The remaining trees were about 9m and around 15-years-old.
Council investigations resulted in two men being charged under the Resource Management Act in October last year.
Between May 1 and June 26 last year Kent hired contractor Michael Cutfield to prune the native trees in the reserve bordering his property, adjoining the Daisy Harwick Reserve and neighbouring property.
Environment Court Judge Jeff Smith fined Kent $45,000 plus $265.78 in court costs and solicitors fees of $206, as well as $5000 reparation.
Cutfield was fined $1500 and ordered to complete 200 hours community work for his role.
Tauranga City Mayor Stuart Crosby says this happened in a public area designated for ecological purposes.
'It was quite a significant attack on trees in a public space.
He says this is not the first time trees have been cut down in a city reserve.
'Sadly it happens during the year.”
The action taken by council depends on the severity of the vandalism, which can range from a minor incident to more serious breaches of the Resource Management Act.
'It is assessed on the degree of severity. We will either talk to the person, if we can find the person who did it, and seek reparation. Very rarely does it go to court.
'This was obviously quite a significant issue and so we decided to prosecute.”
He says if people want a tree removed, for whatever reason, in a public place they need to talk to council.
'A lot of people do and a lot of trees are removed by the Council voluntarily. Don't take matters into your own hands or you could end up in court paying a large amount of money.
17 comments
Hack a thon?
Posted on 19-03-2013 16:02 | By YOGI
Good idea to ask TCC first about cutting trees, but just be careful about the secret deals done behind closed doors, they will cost dearly.
Cheaper?
Posted on 19-03-2013 21:04 | By PLONKER
Than any Whaitangi settlement this century or next, I think that all NZers would be happy at that price than what have already been settled to date.
TCC
Posted on 19-03-2013 23:03 | By Capt_Kaveman
are free to cut what ever they like and get away with it and they also plant trees in place making it a hazard to people and driving like eg plants & trees on roundabouts
The Justice system is screwed
Posted on 20-03-2013 09:08 | By Bronzewing
Yes he should not have cut down the trees but $45800 for a few trees that were only 20 years old when you can kill your children racing on Welcome Bay Road while disqualified and get a slap on the wrist with a wet bus ticket. What the hell has happened to the country?
The Justice system is screwed
Posted on 20-03-2013 09:12 | By Bronzewing
Yes he should not have cut down the trees but $45800 for a few trees that were only 20 years old when you can kill your children racing on Welcome Bay Road while disqualified and get a slap on the wrist with a wet bus ticket. What the hell has happened to the country?
Tree Fellers
Posted on 20-03-2013 10:53 | By schooner
Council need to ensure that they maintain the city reserves and trees to a good standard. That includes tee pruning and ground clearance. Many of the reserves are poorly maintained and covered with noxious weeds, which Council appears to ignore. A $50,000 cost for this trangression seems manifestly unfair, particuarly as the contractor only got a slap with a wet bus ticket. Contractors should be fully liable for ensuring that the work they carry out is legal i.e. that it complies with with local and national regulations.
WBPC
Posted on 20-03-2013 12:37 | By Kimble
We have asked WBPC to trim 2 trees because of their leaves going into to our water tank. They are on Council land but they have allowed us to remove the trees at our own expense. What are we paying our rates for? we are already cutting the grass verges for them which is quited extensive. If these trees were blown down and land on our house I suppose they will expect our Insurance Company to pay for the damage!
Yachtie
Posted on 20-03-2013 12:55 | By kenandmyra
This is another example of the justice system hammering white middle class successful people.Dont ever let the courts know you can pay a fine because you will get thumped out of proportion to the offence
Trees
Posted on 20-03-2013 17:02 | By schooner
No idea what Plonker is on about. This has nothing to do with the Treaty just as it appears to have nothing to do with common sense and justice. The trees in that area of the reserve were just a jungle and TCC should have been maintaining them. Despite the biased rubbish published in the BOP Times this is not about a "businessman" taking the law into his own hands so he can get a better view of the estuary. that's just sensationalist rubbish. From what I have learned Mr Kent is a hardworking and modest living small businessman who has put a great deal of time and effort into a local industry. There is more to this than meets the eye and I suspect that the contractor got off very lightly.
Kimble
Posted on 20-03-2013 18:03 | By PLONKER
Control and no responsibility that is how it works at the average Council enclave, only your insurance will then turn around and have a go at them if they have perpetuated it, little chance of that.
Firewood
Posted on 21-03-2013 00:43 | By TERMITE
The photos don't do justice to it all, wandered along and had a look a while ago, looks to me that the trees were a mess and not looked after at all, The trees along the bank look little better than T-Tree. This does seem over dramatised and a bit more than a lot. Schooner I believe you are right that there is more to it perhaps you should provide a few hints and suggestions of where that trail may lead?
Appeal it!!!
Posted on 21-03-2013 05:34 | By Sambo
Another joke by the justice system.
Trees
Posted on 21-03-2013 18:43 | By schooner
I can't tell you much more than I have already stated. I know that Mr Kent is a respected and contributing member of our local business community and his reputation has been undermined by this vindictive action by TCC and their media puppets the BOP Times. Why Mayor Crosby felt it was necessary to make an example in this case when many similar feelings go unreported or prosecuted I can only guess at. Election year for Local Bodies coming up might be a pointer. The thing is, that the pruning of the trees has been sensationalised, the guy that did the tree work has almost got away scot free, but unfortunately, if I read the reporting correctly, Mr Kent made the mistake of paying this butcher for his work and that sealed the deal. Put it this way, if any one of us engaged a contractor to build a second storey on our house, any builder with half a brain would ensure that a permit was obtained before lifting a finger to do the work (except for cowboys). In this case, this tree feller seems to have just oiled his chainsaw (badly) and got stuck in to his work (poorly executed). Whoever he is should be ashamed to call himself an arborist and should have been penalised more than he was for the abysmal standard of his work. I suspect that there's a good chance that he bullied Mr Kent into paying for the work and when that transaction was completed, the die was cast. Liability aside, Council should have offered Mr Kent the option of tidying up the damage rather than fining him (most first offences normally end up in diversion) and they should be ashamed of their action that has cost Mr Kent and his family around $50,000. I mean, it's not like Pohutakawa is a threatened species......
Lifted an eyebrow
Posted on 21-03-2013 19:01 | By TERMITE
So what has happened here is that Mr Kent has raised an eye, maybe just an eyebrow and Mayor Crosby has pushed the "terminator" button. Yes thre are other cases much worse than this that get swept under the carpet, there will be a "TCC tree hugger" living nearby perhaps is another answer so it became personal from start to finish. The treefella being as you say a "cowboy" then his will eb on the preferred list at TCC so the fine would have been added to the next cheque paid out, no problems all done.
Clark Kent?
Posted on 21-03-2013 21:11 | By TERMITE
A few minutes of the Superman and all would be as if nothing wrong before it happened.
OMG what bollocks
Posted on 25-03-2013 08:21 | By drgoon
Schooner and Tarmite..... so the guy who cut the trees down was a qualified Arborist?? How do you know this? Obviously he wasn't because a qualified Arborist would know the regulations and procedures involved. That Mr Kent has been treated unfairly while this as you put it 'Cowboy' got away with a slap on the wrist with a wet bus ticket is rubbish. Kent is the idiot who contracted this person to commit a yes I do dare to say it, a crime. If Kent is such an upstanding citizen and respected business owner then respect for him obviously comes from fools like you who seem to know that what was done is illegal yet you shift blame to someone else. Kent knew what he was doing, he knew he couldn't get a professional Arborist to do this so he employed another. maybe a 'cowboy' yes but Kent is still responsible for initiating and requesting that this 'crime' is committed. Schooner I mean, it's not like Pohutakawa is a threatened species...... What an egg... you make some dumb comments, like this one.
Come on every body
Posted on 01-04-2013 19:10 | By Can do it
Council have to fund their cups of tea somehow you know. ;)
Leave a Comment
You must be logged in to make a comment.