Bay of Plenty residents are being urged to seek advice before clearing vegetation in and around their properties, after recent tree felling incidents saw two homeowners incur hefty fines from the Environment Court.

Sharp Tudhope Lawyers senior solicitor Joshua Gear – an experienced practitioner in environmental enforcement action and environmental due diligence – says these fines are at the 'upper end of the scale” of penalties for illegal vegetation felling both in the Bay of Plenty and nationally, 'and they show a willingness by the court to punish offenders more severely”.

Native trees were found cut down in the Daisy Hardwick Reserve.

'In Tauranga, we are lucky to be surrounded by flora and fauna – particularly in the outer suburbs and rural areas. This is part of what makes the Bay a beautiful place to live, so there are strict laws imposed regarding the felling of such vegetation, especially on council-owned land,” says Joshua.

'Of course, property owners at times want to trim or remove trees to tidy up their land, let in light, or open up their view. My recommendation to them is to seek advice from their local council before undertaking such action – to ensure that they are legally entitled to do so.”

In March, a Bureta man was fined $45,000 for illegally felling 11 trees on council reserve land, known as ‘Daisy Hardwick Walkway', plus $5000 for maintenance involved in trying to save the trees. The man engaged a handyman to cut down the trees, which he knew were not located on his land, but said were obstructing the view from his spa pool.

In a separate, larger-scale incident, a fine of more than $36,000 was imposed on a South Island man after he engaged contractors to clear fell vegetation in and around his property. The contractors cleared 110 trees and shrubs in the Stephens Bay Esplanade Reserve at Anarewa Point, Kaiteriteri, which adjoined his property.

Joshua says that, in both incidences, the defendants did not understand basic property rights or act in accordance with the legal processes around tree felling.

'There were elements of recklessness in both cases, where it appears common sense did not come into the decision-making process for having the vegetation removed – a mistake that ended up costing both defendants a lot of money,” says Joshua.

For more information on Tauranga vegetation removal regulations, visit the Tauranga City Council website: http://www.tauranga.govt.nz/council-a-z/trees/heritage-trees.aspx, and refer to the Tauranga City Plan.