MEDIA RELEASE
Chief Executive disappointed at Council drubbing over trees
21 FEBRUARY, 2014
Chief Executive Pat Dougherty says he’s disappointed Council has come under so much criticism for seeking a prosecution
in relation to extensive damage to native trees on two Ōtaki properties.
“It may suit some people to see this as a classic David and Goliath story but it simply is not,” he says.
Mr Dougherty says Council did not take the decision to seek a prosecution against two property owners, and the
contractor involved, lightly. He said it was done only after a thorough investigation by a senior ecologist, who
determined, among other things, that:
• 73 trees on the properties were damaged, including 41 felled
• species included Tawa, Kohekohe, Silver Fern, Mahoe, Ribbonwood and Kawakawa
• very few of the felled trees were ‘dead & diseased’.
“Residents live in this District because they love the lifestyle and abundant native vegetation that provides many
recreational opportunities. Trees are important to Kāpiti’s ecology and that is why naturally occurring indigenous
vegetation is protected under the District Plan. These rules were put in place following extensive community
consultation.
“Council has been very considered in applying these rules, preferring an educative rather than punitive approach.”
Mr Dougherty says there have been a number of infringements issued for damage or destruction of native vegetation in the
District but this is the first prosecution Council has sought under the RMA in relation to damage to native trees.
“Part of our decision to prosecute was based on the senior ecologist’s detailed report. The other part was based on
balancing the scale, nature and effect of the breach of the rules against our duties as a regulatory authority. This
includes considering what sort of deterrent effect we could achieve by taking formal enforcement action. In spite of the
extensive damage recorded on the two properties we have focussed on only ten of the largest trees (seven on the
Standen’s property).
“We are also prosecuting the contractor because, whilst we understand some property owners may not be aware of their
rights under the District Plan rules, we would certainly expect trained professionals to be.”
Mr Dougherty says Council has been reluctant to enter into a debate through the media and put facts in the public domain
that it would be relying on in court. He says he is disappointed other parties haven’t been similarly restrained.
“I am very disappointed at the unbalanced coverage this matter has received over the past few days. It denies natural
justice for everybody concerned.”
ENDS