Developer fails in jail appeal

An Auckland property developer who pleaded guilty to illegally damaging seven native trees is going to jail after having an appeal against his prison sentence dismissed.

Ee Kuoh (Augustine) Lau had pleaded guilty to breaching the Resource Management Act after being caught in the act of supervising a contractor who was pulling down protected po¯hutukawa and a totara on a rural property he had leased in Waiwera.

Lau, who was born in Malaysia and has lived in New Zealand since 1992, appealed the prison sentence of two months and two weeks imposed by the district court.

But the Court of Appeal ruled a longer term would have been justifiable.

The court said that – at first sight – a sentence of imprisonment for destroying seven trees might seem ‘‘heavyhanded’’, given there were community-based alternatives such as community service or home detention. Augustine Lau

But it said council officers had told Lau on ‘‘numerous occasions’’ to stop felling native trees on the property, which featured ‘‘substantial areas of regenerating and remnant coastal forest said to be of significant coastal value’’.

An expert had given evidence at the original trial that some of the trees would have been more than 100 years old.

Four of the trees were expected to die from the damage and the ‘‘long term viability’’ of the others was at risk.

Lau claimed that the trees had to be felled because they had been damaged by a storm and were unsafe, but the court found instead that his motive was financial gain.

The sea views from the properties being developed at the site would have been ‘‘considerably enhanced’’.

The appeal court said deterring similar acts by other developers was a factor in the original sentencing.

Lau is facing bankruptcy proceedings brought by Inland Revenue and Auckland Council.