Son sent to collect wood chops down protected trees

A mother who sent her teenage son to collect firewood has been prosecuted after he chopped down 80 protected native trees.

Angela Mackinnon, of Parau, Waitakere, has agreed to undertake five years' tree maintenance ordered by the district court after it was found the trees on her property had been felled in June 2005 without the proper consent.

It is understood there had been a storm and some branches were on the ground when the defendant asked her son, then 15, to collect firewood.

The court accepted she meant him to get the wood off the ground, according to Waitakere City Council contract solicitor Setareh Masoud-Ansari. The tree stumps were discovered by council staff working in a nearby reserve.

"It appears that she didn't even know that this had happened until we informed her."

The trees included mature manuka, kanuka, kahikatea, mahoe and cabbage trees.

District Plan rules that prohibit cutting down native trees and which designate protected areas of vegetation apply to Ms Mackinnon's property.

The council accepted the trees were not destroyed for any personal financial gain and that the prosecution has been a "traumatic process" for the mother, but stands by its decision to go to court.

"It is a very unusual problem. We have a policy of prosecution and if those elements have been fulfilled it goes to the courts."

It is estimated the council prosecutes 15 to 20 people who chop down trees each year. Ms Ansari believes the figure is about the same for Manukau City Council and more like 50-plus for Auckland City Council.

In this case, the mother took responsibility for the actions of her son, a minor, and attended a restorative justice conference in April. She agreed to a planting and maintenance programme of 100 trees over five years, which is thought to be how long it will take to ensure the survival of the new plants. She must complete the planting by September.

Ms Mackinnon escaped conviction because of her willingness to co-operate with the council. The Aucklander has been unable to reach her for comment.

- AUCKLANDER