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Newsroom.co.nz
Newsroom.co.nz
Environment
Emma Hatton

No prosecution for felling of dozens of native trees

About 60 native trees were heavily pruned and chopped down without authorisation. Photo: Supplied.

The felling of dozens of pōhutukawa at a sleepy Coromandel Reserve more than a year ago has been put to bed by DoC and the local council, but residents are incredulous no one had been held to account

Kristina Pickford and Michael Wolfe had not long moved to Otama on the Coromandel Peninsula when they received an email from another resident wanting to organise a community tree trimming day.

“Over the years property owners have written individually to DoC and the Otama Ratepayers Association complaining regarding losing their views and no action has been taken to remedy this situation,” the email read.

“We propose that we have a community tree trimming day to address this problem and do this on a yearly basis. The planting does not affect every property at Otama, but for community harmony, we seek everyone’s support for those property owners who have lost their views.”

The trees mentioned were located at the Otama Domain Reserve managed by the Department of Conservation (DoC) as a recreation reserve under the Reserves Act and the neighbouring road reserve looked after by Thames-Coromandel District Council.

A week later, during the Covid-19 lockdown in May 2020, residents reported chainsaws firing up in the night and woke to find 10 native trees cut down along the reserve land, which runs between private properties and the coast.

Contention grew in the community and Wolfe and Pickford penned an email to those who had proposed the tree trimming day, DoC and other residents outlining the fact that cutting trees on a reserve to improve private views was an offence against the Reserves Act.

Then in early July 2021, more than a year later, almost 60 native trees were either felled at ground level or cut in half across both the DoC and council land. At least half of these native trees were Pōhutukawa.

“Can you imagine the outcry if someone in Auckland chopped down a single Pōhutukawa tree on public land outside their house because it was blocking their view? This just sets a really dangerous precedent," Michael Wolfe, resident.

Residents opposed to the removal of the trees place the blame with leaders of the Otama Reserves Group – an incorporated society working with DoC to maintain the local reserves – some of whom live behind the trees, that had blocked ocean views.

“These people have now got exactly what they wanted without consequence,” Wolfe said.

“The only reason these trees were cut down is to enhance their views.”

Financial statements for the Otama Reserves Group, show at the time the trees were chopped down $6700 was paid out to a local arborist.

An article in the community local paper following the event quoted a joint statement from the local council and DoC confirming the work was authorised.

But it wasn’t.

In a statement to Newsroom, DoC said there was approval for some trees to be pruned on the council land, but the contractor made a “genuine mistake” as there was a “misunderstanding over which trees could be pruned”.

“We appreciate the heavy pruning of the trees shocked people in the local community and contributed to the ongoing debate about how the reserve is managed and work done there.”

DoC did not explain why an initial statement to the local paper confirmed the work was authorised, instead responding that “some of the local media coverage of Otama Reserve management has been unhelpful and fuelled the debate”.

A Thames Coromandel District Council spokesperson said the contractor had been engaged by a community group and that it had financially contributed to this.

“As DoC and our council have both stated to the community, the work actually carried out was not authorised. For this reason, our council has not contributed to the arborist’s work and this contractor will not be used by council in the future.”

But questions remained over how a small pruning job could go so wrong.

In an email from DoC Coromandel Operations Manager Nick Kelly to Pickford in September 2021 he confirmed both DoC and the council knew some residents wanted the trees gone.

“Both agencies are aware of the ORG’s aspirations and the communications that have been circulating within the community, none of this has been authorised as works to be undertaken.”

“It has been clearly communicated that all works undertaken by ORG are to cease immediately and that the group's management agreement is currently on hold pending review.”

Otama Reserves Group chair Paul Kington said the group did not instruct or mislead the arborist into cutting more trees than were authorised.

“We understand there has been extensive internal investigation both by Thames Coromandel District Council and police, over a duration of approximately 10 months, the outcome being no one or member of the community group is liable."

The arborist did not respond to Newsroom’s request for an interview.

A council spokesperson said the investigation had taken a long time due to Covid-19 and difficulty getting access to information.

“We know that this matter has been a difficult one and taken time to address with a variety of groups and agencies involved – and we are also extremely unhappy with the outcome, which is something out of council’s control.”

DoC said over the past two years “management of the reserve has been the subject of an ongoing debate between local residents with differing views.

“DoC supported Thames Coromandel District Council’s internal processes to review and investigate what occurred. DoC opted not to carry out a prosecution after thorough discussions with all parties. We felt pursuing a prosecution would not be helpful or pragmatic in the circumstances, nor would there be any particular public benefit from it.”

Wolfe said the debacle had been an embarrassment to DoC and the Thames-Coromandel District Council.

“How can DoC explain away the fact 60 trees got cut and nothing happened? We just needed DoC to do its job,” he said.

“What we have seen from the Reserves Group are numerous strategies to legitimise the unauthorised work and to cloud the issue. And right from the start DoC has just wanted the whole thing to go away.”

The couple said repeated references by DoC to the “pruning incident” undermined how severe the work had been with most of the trees actually cut off at ground level.

“Can you imagine the outcry if someone in Auckland chopped down a single Pōhutukawa tree on public land outside their house because it was blocking their view? This just sets a really dangerous precedent,” Wolfe said.

“We are not the only residents of Otama and the surrounding areas who have strong feelings about the felling of these trees.  I think it is important to find room to communicate the fact there are many people both in Otama and outside of Otama who are also unhappy with what has occurred and the response of the agencies.” 

DoC said it was now looking to remedial works for the site, but as yet no planting has been undertaken.

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