KEY POINTS:
An Auckland property developer has been fined $25,000 for felling and trimming protected trees.
Xao Xiang Yu was fined in the Auckland District Court after the Auckland City Council prosecuted him for breaching district plan rules on protected trees, sediment control and earthworks.
For Auckland City Environment, Jackie Wilkinson said the developer destroyed, pruned or topped several protected trees on his Hillsborough site.
He had obtained resource consent for development of the site, but made no application for resource consent for the tree work.
Earthworks were also done in excess of district plan limits for the zone and without adequate sediment control measures.
The council served two abatement notices on Xao, but he failed to fix the matters, which led to the charges under the Resource Management Act 1991.
Judge Brian Dwyer said the evidence showed that Xao had "decimated the significant and protected trees" on the property.
Judge Dwyer accepted most people would not be familiar with district plan rules, but said that by deciding to undertake the business of property development, Xao was obliged to be familiar with the rules, even though he was a sole operator subdividing his own section.
"This is a serious case of breaching the district plan tree protection rules because of the number of trees destroyed or damaged and because of the impact of that on the neighbourhood."
Ms Wilkinson said the prosecution sent a clear message about the council's strong stance on the protection of the city's trees.
"This is a substantial fine, and demonstrates how seriously we take non-compliance with the district plan.
"We are also in the process of completing an enforcement order, including remedial planting and a long-term maintenance plan, which will be paid for by the defendant."
- NZPA
