Environment Court sentence on illegal trees

Dunedin (Wednesday, 8 October 2014) – A company taken to the Environment Court by the DCC for illegally planting trees on the Maungatua Ranges has been handed a $60,000 fine by the judge.

In 2013 the Dunedin City Council applied to the court to prosecute Grants Motel Ltd for establishing a forest plantation, on the eastern slope of the Maungatua Range near Berwick, in contravention of the District Plan. Today the court sentenced Grants Motel Ltd.

DCC General Manager Services and Development Nicola Pinfold says the process started after they received a complaint in December 2012 about the unlawful planting of what turned out to be approximately 200 hectares of trees.

“This occurred after the owners received free advice from DCC staff that a resource consent is required for forestry in this location because of its landscape value and because Douglas fir presents a risk of wilding pines.”

Grants Motel Ltd had the opportunity to apply for a resource consent to determine if all or some of the trees could remain. They decided to remove the trees.

Ms Pinfold says the District Plan establishes a planning framework for managing the use of the environment.

“It is important proper process is followed. Where it isn’t and a significant breach occurs the Council will take a prosecution.

The Environment Court viewed the breach as significant and determined that a penalty of $60,000 was appropriate. This was after taking into account a guilty plea, the removal of the trees and a $135,000 bond to ensure the removal of any remaining trees.

Ms Pinfold says the Council is satisfied with the penalty imposed by the court.

“A penalty of this size is significant when considered in a national context. It sends a clear message that undertaking unlawful activities come with the risk of significant consequences.

“This landowner was very critical of the DCC, but the decision shows we were correct in taking the action we have and that we dealt with this matter appropriately.”

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