Tree to be subject of justice meeting

George Bernard Shaw

A tree will be at the centre of an unusual restorative justice meeting today.

Residents of Royal Oak, Auckland, will express their anger to property developer George Bernard Shaw, who pleaded guilty in December to a charge of destroying a 100-year-old protected Pohutukawa.

Auckland City Council laid charges against Shaw after he ordered the tree, on Mt Smart Rd, Royal Oak, be cut down without resource consent in January last year.

This was in breach of the council's district plan, which prevents works within the tree's dripline.

Judge Fred McElrea has deferred sentencing to February 13 to allow restorative justice, which was suggested by Shaw's solicitor Paul Wicks.

Members of the public can share how they have been affected by the loss of the 11m high tree at Onehunga Community Centre tonight in front of environmental barrister Debra Clapshaw.

Shaw will have the chance to respond, after which a plan for how he can make amends with the community will be discussed.

A formal report will be made to the court about the meeting, which may affect Shaw's sentencing.

Warren Adler, the Auckland City Council manager who oversees district plan breaches, said it was relatively new to have a restorative justice meeting over a tree but meetings under the Resource Management Act have become increasingly common.

Shaw last month appeared before an Auckland City Council committee and apologised.

"Personally I wish to sincerely apologise to Auckland City Council and the community for the bad error of judgement and bad mistake, and if I could turn back the clock, I would," he told the committee.

Shaw said he had "foolishly succumbed to heavy financial stress" by ordering contractors to destroy the tree.

However the committee chairwoman, Glenda Fryer told the Herald at the time that she believed Shaw had only apologised in the hope of a lighter sentence.

"Eventually he will gain thousands as a result of this illegal action," she said.

The charges, which fall under the Resource Management Act are punishable by a fine of up to $200, 000 or two years in prison.

* The meeting is at Onehunga Community Centre, 83 Church Street, at 6pm.