New judicial review initiated against Tūpuna Maunga Authority and Auckland Council
THIS MEDIA RELEASE IS PUBLISHED HERE WITH SHIRLEY WARU’S PERMISSION
A Māori woman has initiated a judicial review against the co-governance body Tūpuna Maunga Authority as first respondent, and Auckland Council as second respondent.
It is the second judicial review initiated against the Authority and Council in relation to the Authority’s intention to rid Tāmaki Makaurau Auckland’s maunga of non-native trees. The first judicial review, undertaken by Auckland couple Warwick and Averil Norman, found both the Authority and Council had acted unlawfully for not consulting the public and when issuing a resource consent for cutting down 354 non-native trees on Ōwairaka Mt Albert. Official information requests reveal ratepayers funded more than $1 million in legal and court costs relating to that judicial review.
Ōtāhuhu resident Shirley Waru (Te Rarawa o Ngāpui / Te Uri o Tai) has engaged members of the Ōwairaka legal team for the judicial review relating to Ōtāhuhu Mt Richmond.
Despite community opposition to the planned tree removals and protests on-site, the Authority recently felled around 60 exotic trees at that maunga. It has stated it plans more felling later this year / early next. Although a native planting programme is underway there, most are low-growing species such as grasses, flaxes, shrubs and small trees that can never replace the large mature trees the Authority intends to destroy.
The Authority originally applied for a non-notified resource consent to chop down all 443 non-native trees on Ōtāhuhu Mt Richmond but later changed it to 278 trees. There is a very real possibility they will apply for more tree felling resource consents in future because the Authority says it intends to fell up to 443 of the maunga’s exotic trees –75% of its entire tree cover.
The judicial review claim asks the High Court to quash (cancel) the resource consent the Council granted to the Authority in 2021 permitting it to fell 278 of the exotic trees. They cannot be cut down without that resource consent. The judicial review claim alleges Auckland Council acted unlawfully in granting the resource consent to Tūpuna Maunga Authority in 2021 without first giving the public an opportunity to object or comment.
Ms Waru, who leads the Respect Mt Richmond / Ōtāhuhu maunga tree protection group, is fundraising to help cover the legal action’s cost. “My partner and I don’t have deep pockets; we are ordinary everyday people. Our community is very much a blue collar one and they don’t have deep pockets either. That’s why we have set up a Givealittle page to help fund the legal action to save the trees.”
Ms Waru says that she is disgusted at how the Authority - aided by Auckland Council – is disrespecting the environment, disrespecting core Māori cultural values, and also disrespecting the local Ōtāhuhu community, many of whom are Māori and Pasifika peoples.
Its recent public consultations have also ignored the overwhelming public feedback against tree felling at Ōtāhuhu and other maunga, revealing the Authority’s deeply cynical approach to the consultation process.
“This area has Auckland’s lowest tree cover as it is and very few parks and green spaces. We need more trees around here, not the precious few we have being chopped down for no better reason than they are non-native.” Ms Waru says a number of Auckland Councillors and the Mayor have voiced concern over the tree felling plans.
“Concerns are fine, but supportive words won’t save trees. The time for talking is over; meaningful action is needed, and it is needed now.
“You – our elected representatives - voted the budgets to allow the felling to go ahead even though Aucklanders have been telling you loud and clear for the past four years that they don’t want these trees to be cut down.
One of a number of towering London Plane trees that Shirley is fighting to save.
Sadly, the Authority has already destroyed some of the London Plane trees.
“It should never have come to a resident of one of Auckland’s poorest suburbs having to fundraise to take legal action to protect hundreds of trees in a suburb that already has Auckland’s lowest tree canopy.
“Regardless of how the judicial review plays out, it’s time all of the elected representatives who have expressed concern about this issue, especially those who supposedly represent Aucklanders’ interests on Tūpuna Maunga Authority, to stop talking and start taking action to put a stop to this tree felling now and forever.”