Supreme Court denies Tūpuna Maunga Authority leave to appeal Ōwairaka Mt Albert tree felling decision
MEDIA RELEASE
The community group fighting to save 345 trees on Ōwairaka Mt Albert says the Supreme Court has done the right thing in denying Tūpuna Maunga Authority’s request to appeal a judicial decision around the proposed tree felling.
The Supreme Court said it denied the Authority leave to appeal because: “We do not see that the [judicial] decision affects the integrity or efficacy of the Tāmaki Collective settlement or co-governance arrangements generally”.
This development follows legal action by Auckland couple Averil and Warwick Norman. The Court of Appeal found the Authority acted unlawfully by failing to comply with its consultation obligations under the Reserves Act.
The decision also concluded Auckland Council acted unlawfully by not publicly notifying the tree felling resource consent under the Resource Management Act. Auckland Council accepted the decision and did not apply for leave to appeal to the Supreme Court.
“We always knew to be untrue the Authority’s repeated claims to have consulted with the public around its intention to rid Ōwairaka and other maunga of all exotic trees. It is heartening to know the highest court in the land agrees.”
The Honour the Maunga community group says the decision has vindicated its tree-saving actions – something the group has been heavily criticised for in some quarters.
“We always knew to be untrue the Authority’s repeated claims to have consulted with the public around its intention to rid Ōwairaka and other maunga of all exotic trees, and it is heartening to know the highest court in the land agrees,” says Honour the Maunga spokeswoman Anna Radford.
In all, the ratepayer funded co-governance body plans to rid the city’s maunga of around 2500 non-native trees, so the Supreme Court’s decision has implications for all maunga. At present there are live non-notified resource consents for mass tree fellings on Puketāpapa / Mt Roskill, Ōtāhuhu / Mt Richmond and Te Tātua a Riukiuta / Big King.
“Although the judicial decisions expressly applies to Ōwairaka, it would be extraordinarily cynical of the Authority and Auckland Council to ignore these judicial findings in relation to mass tree fellings on other maunga,” says Ms Radford.
Ratepayers had funded the Authority and Council’s legal defences to the tune of around $1 million + GST, so further legal action relating to other maunga would come at further cost to ratepayers.
Ms Radford notes the judicial decision has left the door open for trees to be felled in future provided the consultation obligations are met.
“Naturally we are hoping it won’t come to that because environmentally friendly succession to fully native vegetation on the maunga requires it to be done over a long period.”
She encourages the Authority to stop fighting against local communities and instead work with them.
“We hope the Authority’s members – particularly its six elected Auckland Council representatives - take stock and consider what kind of relationship the Authority wants to have with Aucklanders. We therefore encourage Tūpuna Maunga Authority to engage in accordance with the following principles:
Put the natural environment at the front and centre, and consider all decisions from the standpoint of what is best for it
Good-faith engagements that are authentic
Engagement to be by way of face-to-face two-way discussions conducted in a mutually respectful manner
Any engagement relating to tree felling should be chaired by an independent third party, given local communities’ lack of trust with the Authority and Auckland Council
Ms Radford acknowledges the past 2.5 years have been difficult for all concerned but says she is hopeful that a positive outcome for all – especially the natural environment - will be achieved in the long-run.
Read the Supreme Court’s decision denying leave to appeal.
Read the Court of Appeal judicial decision that the Authority wanted to appeal.