Auckland Council is warning arborists to know the rules before picking up their chainsaws after a local tree company was fined nearly $30,000 for illegally trimming a protected tōtara tree in Mt Eden.
DS Trees Limited was sentenced in the Auckland District Court last week after pleading guilty to breaching the Resource Management Act by carrying out unconsented work on a notable tree. The tōtara, protected as part of Auckland’s urban ngahere and natural heritage, was left misshapen after three large branches were cut without approval.
Judge Sheena Tepania described the company’s actions as having “high culpability”, saying DS Trees “should have known better” as professional arborists. The company claimed the breach was due to an “administrative error.”
The case was one of the first to be sentenced since recent amendments to the Resource Management Act came into force. The changes prohibited companies from insuring against Resource Management Act fines and significantly increase penalties – up to $10 million for companies and $1 million or 18 months’ imprisonment for individuals.
Although DS Trees was sentenced under the previous fine levels, it was still subject to the new rule banning insurance coverage for environmental penalties.
Auckland Council’s team leader investigations Paul Cowling said the ruling sent a strong message to professionals working under the Resource Management Act.
“Arborists are expected to be experts in their field, that means knowing and following the rules and respecting them,” Cowling said.
“The law change is clear, and the message is simple, if you breach them, you’ll become liable to pay the fine yourself. That’s exactly what Parliament intended, to strengthen deterrence and accountability.”
Council prosecutor John Kang told the court the legislative changes were designed to increase deterrence and ensure offenders take personal responsibility for environmental harm.
Cowling said the council takes no pleasure in prosecuting, but accountability is essential to protecting Auckland’s unique urban forest.
“These rules exist for a reason, to safeguard trees that are part of Auckland’s living heritage. They’re protected for a good reason and when qualified arborists disregard those protections, it undermines public trust and the protection system as a whole.”
