Auckland Council is reminding arborists and environmental professionals to know the rules before they pick up their chainsaws, after a tree company was fined nearly $30,000 for unlawfully trimming a protected tōtara tree in Mt Eden.
Notable trees are protected under the Resource Management Act 1991 [RMA] as they are part of Auckland’s unique urban ngahere [forest] and natural heritage.
DS Trees Limited was sentenced in the Auckland District Court last week after pleading guilty to one charge under the RMA for using land in contravention of a district rule.
The case is among the first to be sentenced since sweeping RMA amendments came into force earlier this month. The legislative change to section 342A of the Resource Management Amendment Act makes it unlawful for companies to insure against RMA fines, a move designed to ensure offenders personally bear the cost of environmental harm. It also substantially increases potential penalties: individuals can now face up to 18 months’ imprisonment or a $1m fine, and companies up to $10m, up from $600,000.
Although DS Trees was sentenced under the old fine levels, it was still caught by the new rule prohibiting insurance against RMA penalties.
Her Honour Judge Tepania described DS Trees’ offending as having “high culpability”, saying the company “should have known better as a professional arborist engaged to work on a notable tree than to proceed without confirming the tree’s protected status.”
In May 2024, DS Trees carried out unconsented works on a notable tōtara at a residential property. The tree was left misshapen after three branches over 50mm in diameter were cut in breach of district rules. The company said the breach was due to an “administrative error.”
Judge Tepania imposed a starting point fine of $45,000, reduced by 35 per cent for an early guilty plea, cooperation, remorse, and remedial staff training, resulting in a final fine of $29,250.
Auckland Council’s Team Leader Investigations, Paul Cowling, said the decision sends a clear message to professionals working under the RMA.
“Arborists are expected to be experts in their field, that means knowing and following the rules and respecting them. We’re increasingly frustrated by professionals who ignore district plan protections for notable trees, he 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’s Prosecutor, John Kang, said in court that the intent of Parliament was “to increase deterrence for RMA offences by both lifting penalties and obligating offenders to take responsibility for paying any fines imposed.”
Mr Cowling said the Council takes no pleasure in prosecuting, but professional accountability is vital 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,” he said.
