In January 2020, MPI inspectors acting on a tip-off went to McDonald's property where they located a Mahoe sawmill and various milled indigenous timbers including kauri, totara, rimu, and swamp kauri and puriri.
A Kauri log measuring 4.6m long and 95cm in diameter, was discovered along with 12 5m lengths of 150mm by 50mm timber, which McDonald said was tawa.
He claimed the tawa came from the Motu River and the kauri came from the beach at Waipū. He admitted milling both but said the kauri was Fijian kauri, not the native species.
The inspectors told him to stop milling the kauri log, register the sawmill, and become compliant with the Act.
On February 24 2021, MPI staff executed a search warrant at the property to identify any indigenous timber milled in breach of the Act. They seized the kauri log milled earlier and a pile of tawa sawn into lengths.
A sample of the kauri was sent for identification and found to be the New Zealand species.
McDonald did not attend a hearing in Whangārei District Court on March 22 this year at which MPI handed up written evidence in support of two charges under the Forests Act 1949 alleging he milled each of the indigenous timbers on an unregistered sawmill and without the requisite approval of MPI's chief executive.
In a recently-released decision, Judge Taryn Bayley found the charges proved.
McDonald is scheduled for sentence in Whangārei on June 27. Judge Bayley has signalled McDonald's capacity to pay will be taken into account with any fine that is imposed.