The tree, a tall Monterey Cypress, was on a property on Moore Street in Hillcrest. It was one of hundreds of trees on the Auckland Council's schedule of notable trees. These are protected for their historical, cultural and environmental value.
In November 2022 a member of the public noticed the tree was gone and called the council.
The member of the public knew it was a notable tree and knew that the previous owner of the property had been aware of its status.
Council officers visited the property the next day and found the tree's stump. The property owner told the officers she had got an arborist to cut the tree down five months earlier.
She said the tree was "dying from the top and over time [it] had got noticeably worse." She had received several quotes from reputable tree arborists due to the tree's size and the fact it would not be an easy job, and had engaged Arbor Works to fell the tree.
Council officers discovered there had been no resource consent granted to remove the tree and no correspondence by Arbor Works regarding approval for urgent removal.
The company was charged with breaching the Resource Management Act. It pleaded guilty and was sentenced last month.
Arbor Works principal Mike Bird told Judge Brian Dwyer that he would normally check the council website to see if a tree was protected. He had done so for numerous other trees, but could offer no explanation as to why he had not done so on this occasion.
Dwyer noted that all parties agreed that at the top of the tree had been dead and that hanging and split branches needed to be removed, but the condition of the tree did not constitute an immediate risk.
"I concur with the Council's submission that the size, overall condition of the tree and the Defendant's experience, ought to have guided it to exercise care and check the tree's status before removing it" he said.
"In short, we have a situation of an experienced professional undertaking its usual line of work, failing to undertake a simple, fundamental check as to the status of a large tree. Under those circumstances I categorise Arbor Works' actions as reckless and its culpability accordingly high" Dwyer said.
The judge allowed discounts for the company's past good character and cooperation with the council, and for its prompt guilty pleas.
The company was fined $42,000.
Bird told Stuff he was usually very careful in checking whether trees were protected.
"This tree was partially dead and didn't look to be significant in any way and I made a mistake not to check," he said.
"In my 25 years as an arborist I have refused to cut down old trees that are protected and I'm glad there's a system in place to protect historic trees" Bird said.
