“The overall criminality was minimal,” the report, commissioned by the council from Wellington QC Richard Fowler, says.
“A mere warning would probably have been the most appropriate, or at worst an infringement notice.”
The council laid charges against Peter and Diana Standen, 77 and 74, and Keith and Lorraine McLeavey, 72 and 68, last year for modifying naturally occurring native trees on their properties. It withdrew them when an Environment Court judge dismissed charges against the McLeaveys as “trivial offending”.
This was a Council at its zealous worse. Of course they should not have been prosecuted. In fact there shouldn’t even be any restrictions on what home owners can do with trees they own on their properties – unless the trees are of outstanding heritage value.Tags: Kapiti, RMA, trees