The Dom Post reports:
A pair of elderly environmentalists are being taken to court for felling and trimming native trees they believed were rotten and dangerous.
So did this couple stroll onto public land and start felling trees?
Last year they employed an arborist to clean up what they called “a mass of tangled and broken branches, dead, diseased and dangerous trees” in a stand of bush on their newly bought property in Oriwa Cres.
The work included felling and trimming three kohekohe, three tawa and a mahoe.
So it was their tree on their property.
They have been summoned to appear in Levin District Court next week, charged with contravening the District Plan by “modifying naturally occurring indigenous vegetation” more than four metres tall and with a trunk circumference of more than 95cm.
The maximum penalty, under the Resource Management Act, is two years’ imprisonment or a fine of $300,000.
The problem is that the rule exists. Councils should not be interfering with what people do with their trees on their land unless the trees are of some special distinction.
At one point, the council sent a uniformed police officer to their house with a search warrant, accompanied by an ecological specialist.
Were they searching for kidnapped trees?
Wellington City Council has no rules regarding trimming native trees on private property. It is up to the owners.
As it should be.
UPDATE: Law changes made last year (and in 2009) mean these sort of idiotic rules will soon be illegal. Councils can no longer make blanket tree protection bylaws. There is a two year transitional period, which means their legacy rules still apply until Sep 2015, but after that property owners will not need to ask Councils for permission to trim or fell their own trees – unless a specific tree or group of trees has been identified as requiring protection..