Tree-trimming sentencing adjourned
The sentencing of a man who said the council had ‘‘no money or balls’’ to take him to court for trimming a protected tree has been adjourned.
Father and daughter Peter and Amie Cowley will return to Environment Court at New Plymouth in October after Judge Melinda Dickey adjourned the matter part-heard yesterday to give time for further research of similar cases to assist with sentencing options.
The pair had admitted their involvement in removing branches from a 100-year-old protected tree in Taranaki at an earlier hearing.
Early last year, Peter, with the help of two other men, used a chainsaw to cut back a Moreton Bay Fig that overhung Amie’s property on Clinton St, Fitzroy, in New Plymouth.
Amie was aware of what the men were doing and allowed it to happen despite having had several conversations with New Plymouth District Council (NPDC) about the tree, its protected status and the applicable rules around trimming it.
The single tree stands on a private Paynters Ave section and is about 20-metres tall and 30-metres wide.
It is classified as a Category 2 Notable Tree under the New Plymouth District Plan.
Maintenance of the tree is only permitted where the work is either undertaken by NPDC or an approved contractor, or if the removed branches are 25-millimetres or less in diameter at the point of severance.
A resource consent is necessary for any other trimming and not having one can result in a maximum penalty of two years jail or a $300,000 fine.
At yesterday’s hearing, Justin Marinovich, who was prosecuting on behalf of NPDC, said the offending was premeditated and questioned whether they were remorseful.
He said Peter had displayed a degree of arrogance toward a council officer who arrived at the scene after being notified of the trimming by a member of the public.
He had made comments to the officer such as ‘‘I gave myself permission to cut the tree’’ and ‘‘the council have no money or balls to bring him to court’’, Marinovich said.
The officer noted a number of branches had been cut and a ‘‘significant portion’’ of the tree’s canopy had been removed.
While the tree was reported to be in good health and had an even crown before the offending, it was now ‘‘misshapen’’ and under ‘‘physiological stress.’’
Marinovich said the offending was of a moderate to medium level of seriousness and so opposed defence’s application for Amie to be discharged without conviction.
He argued the pair should both be fined.
While the tree was ‘‘still standing’’ it would require ongoing remedial work, Marinovich said.
Defence lawyer Nathan Bourke said the offending was low-level and argued for a discharge without conviction for Amie and a small fine for Peter.
Judge Dickey, who described the pair’s offending as both deliberate and serious, also sought information on whether the Cowleys would have any financial issues meeting a fine. She rescheduled sentencing for October 25.