Heavy fine for unauthorised tree trimming on Devonport clifftop

Last Updated : 16 Dec 2024
Trimmed pōhutukawa in Seacliffe Road giving view of Rangitoto
Trimmed pōhutukawa in Seacliffe Road giving view of Rangitoto.
Unauthorised pōhutukawa trimmed clifftop
Unauthorised pōhutukawa trimmed clifftop in Seacliffe Road, Belmont.
AC v Maele image 2
Pōhutukawa trimmed clifftop in Seacliffe Road, Belmont

In a case highlighting the importance of protecting ecologically significant areas, Judge Smith has convicted Renolution Limited (also known as Thomas A Tree Services) and its director, Mr Maele, for unauthorised trimming of a protected pohutukawa tree in the north shore suburb of Belmont.

The offence occurred on 2 August 2023 at Winscombe Cove Reserve and 2 Seacliffe Avenue, Belmont, where excessive trimming of a pohutukawa tree took place on private property within a Significant Ecological Area (SEA). The activity breached the Auckland Unitary Plan’s environmental protection rules and was not covered by the required resource consent.

Both the company and Mr Maele pleaded guilty.

Judge Smith acknowledged that Mr Maele attempted to seek clarification from Auckland Council about the rules governing SEAs and noted that "greater clarity regarding private property within SEAs is essential for consistent application of these rules."

The Court fined Renolution Limited $15,000.

Judge Smith also ordered Mr Maele to complete 100 hours of voluntary work with an environmental organisation in lieu of a fine due to his financial circumstances.

Auckland Council’s Team Leader Investigations, David Pawson, emphasised the importance of compliance with environmental rules.

“These rules exist for a reason—to protect our unique ecosystems and ensure the long-term health of our environment.

“Actions like unauthorised tree trimming can cause significant harm. Everyone, including arborists, have a responsibility to follow the rules and seek appropriate permissions.”

Judge Smith concluded, “While I recognise the difficulties in navigating these regulations, this case highlights the need to respect ecological protections. Unauthorised activity, regardless of intent, can have lasting impacts on our environment.”

This case serves as a reminder of the critical need to safeguard Auckland’s natural heritage and the consequences of disregarding environmental laws.

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