KEY POINTS:
A Waitakere land owner who was unaware he needed a resource consent to fell native trees has been ordered to pay $4000 costs and do 175 hours' community work.
Kenneth Poulton, spray painter, of Huia, pleaded guilty in the Auckland District Court to a charge under the Resource Management Act that he felled 18 trees in an area where natural vegetation was protected.
Ten of the trees were over 3m high and they included a 100-year-old rimu as well as kauri, rewarewa, kanuka and mahoe.
Poulton explained he was thinning the bush canopy to let in more light on to his 1222 sq m property, which adjoins a council plantation reserve.
City council lawyer Mary Davenport said anyone who bought a property in the Whatipu Rd area should know it was in a natural protection zone and that consent was needed before clearing vegetation over 1m high.
Poulton's lawyer, Michael Keall, said confusion was possible because 3m was the limit elsewhere.
"He was not aware of the District Plan requirement of a resource consent and had he known he would have certainly not done what he did."
Later, Poulton had spent $800 on preventing environmental damage in the bush of 100 trees by remedial trimming of trees and removing weeds.
Judge Fred McElrea said he found it extraordinary that anyone could live 10 years in that area of a city that prided itself on its ecological position and had huge publicity about tree-clearing prosecutions and still not be aware of the local community's feelings.
"This is an important and sensitive area in Waitakere, which has been given special protection in terms of rules that people regard as important."
The council's remedial planting plan said 40 trees were needed in order to give shelter to replacements.
The judge said the starting point for the offence was a fine of $18,000 before discounting for the defendant's ignorance, remorse, co-operative attitude and the fact that he made no profit from the thinning and had not done it to evade a consent fee.
However, Poulton could not afford a fine on top of an award of $4000 towards the council's costs and instead would have to do 175 hours of community service for a suitable agency.
