KCDC slated by its own Cr for ‘heavy-handed’ court action against tree trimmers
By Kapiti Cr K Gurunathan
I’m disappointed that the Kapiti Coast District Council has decided to drag an elderly Otaki couple to Court to face a possible maximum penalty of 2
years imprisonment or a $300,000 fine all for cutting and modifying seven native trees on their property.
Trees they considered rotten and dangerous to the safety of their grandchildren.
Peter and Diana Standen, in the 70s, the Standen’s elderly neighbours and the contractor who did the job are all to appear at the Levin District
Court on the 27th February.
They are charged with breaking District Plan rules relating to the protection of native trees.
The case highlights the need for people to be extremely careful in managing native trees on their properties and to be prudent by consulting with
council staff directly.
Otaki Community Board member Collin Pearce and I had tried, but failed, to dissuade council from what we consider to be heavy handed action.
The Standens. and their neighbours, cannot make statements as the case is now bbefore the courts. Mr Pearce and I are not condoning the cutting of native
trees but we believe the legal action is heavy handed when there are other options.
We are also appalled that on September 23 last year Council enforcement officers on a site visit had used a police officer to confront the Standens.
The traumatised Standens, upon seeing the policeman at their door, had feared the worse for their children and grandchildren
We want the court of public opinion to support our call for council to grant them amnesty or impose the minimum penalty.
We have made site visits to the site. Our understanding is that the majority of the trees were rotten and posed a danger to their grandchildren who frequently play under
the trees when they visit.
The trees, on the Standen’s property, are part of a native bush stretching over 22 properties.
It had recently been designated an ecological site under the Proposed District Plan with an additional 20m buffer that cuts through several homes. Such ecological sites with extensive buffers have become a contentious issue with irate landowners across the district.
Council staff have responded to our appeals by pointing out that a lack of enforcement action would lead to a precedent making it difficult to continue to enforce the protection of native trees.
Cr Gurunathan adds:”While acknowledging that concern, I challenge the Council CEO to explain why, in the case of the dangerous Collmog Bridge on an Otaki Gorge subdivision, the developer has not been prosecuted despite repeatedly thumbing his nose at council’s infringement notices! Some may consider this a double standard.”
A significant section of our community will also not have missed the irony of a council bent on prosecuting these elderly, who have mistakenly modified these trees, with the legitimacy council has given to Crown agency NZTA which is now starting to destroy hectares of native bush, dunes and wetlands across the whole district.
A key reason for the expressway was the prevention of accidents!
Seems KCDC is deliberately choosing the Standens as a ‘soft target’ to demonstrate potential for punitive action as an example for others and is determined regardless to follow this through to the end.
Apparently its the first time KCDC have prosecuted under the RMA, which of itself seems strange given the numerous ‘breakages’ of RMA rules witnessed over the years.
Also apparently under changes to the RMA due in 2015, (the Standen’s case is unlikely to come to court for 2 years), Councils will no longer be allowed to issue blanket rules for ecological areas.
Several issues in this case seem to undermine KCDC’s case against the Standens, even before it reaches a court. First it is based on the Proposed District Plan, currently under review following sustained evidence of its inadequacy. Second it appears KCDC’s evidence is far from concrete and as conclusive as they maintain. Third even the actual site may not have been correctly identified let alone the actual number of relevant trees. Fourth the manner of execution of a search warrant with assistance of the police, (as someone previously noted did they expect to find parts of severed trees under the bed?). Fifth the mayors appalling response during his interview with Sean Plunket on RadioLive, (one would have thought the Mayor might have either got his facts right or at least been properly briefed by his media team but brownie points for actually fronting up, although this might have been precipitated by the idea that Councillor Gurunathan was likely to get air time on the issue!), especially around his assertion that legal action could not be halted once started, (reference the Pike River Mine case) (for reference KCDC can apply to the judge for a cessation of the legal proceedings) Note to Mayor check your legal advice properly . Sixth the offending trees, even if they do qualify, are unlikely to be either indigenous or endemic.
No doubt there is more inadequacies to be revealed.
So apart from the potential inaccuracy of much of KCDC’s case, the manner of execution by KCDC’s executive, lack of informing of Councillors as a governance body prior to committing to a legal process, and the negative effect upon the court of public opinion, the whole sorry saga is ‘politically stupid’, has attracted some very harsh criticism from well beyond the District, (Amy Adams+others) including very vitriolic attacks (from right wing supporters) upon Councillor Welsh, who while mistaken in his defence of Council’s actions, at least put his head above the parapet!
Helpful information. Fortunate me I found your site unintentionally, and I
am surprised why this coincidence didn’t came about in advance!
I bookmarked it. girls blog
I use to work with Peter 10 years ago. I would not know a better man. He loves his gardens in Wellington; they lived across the road from the Otari-Wilton’s Bush, which he and Diana would spend a lot of time in.
Looking after our property so that family friends and others are free from harm. Where do we go for help when when we have dangerous situation?
We ask for profession help. They were told by a profession arborist “…a mass of tangled and broken branches, dead, diseased and dangerous trees”. What do you do? I would also get it cleaned up. If I didn’t do anything and someone died I would be in court for not making my property safety.
David Growcott
I fully support the opinions of Guru. Whilst being an active environmentalist, I feel the extreme action taken by KCDC is not in keeping with other infringements such as the issue quoted re the Collmog bridge on the Otaki Gorge subdivision.
I also agree that the ‘crime’ carried out by Mr and Mrs Standen is minuscule in comparison to the large scale disturbance to our natural (and protected) environment from the expressway which was rubber stamped by the council which does not comply with KCDC policies.
Why punish the minnows when the sharks run rampant?
Mari Housiaux
I am interested to know how this decision was arrived at. Was it passed by the Councillors as the way to solve the issue or a decision by the staff without consultation?
Yes exactly that, a decision arrived at without consulting or informing Councillors