A man in his 60s who repeatedly broke Auckland kauri dieback bylaws has been fined $5700 after becoming the first prosecution related to the disease.
Robert Armitstead pleaded guilty to one charge in the Waitākere District Court but argued Auckland Council acted beyond its remit on two further charges.
That defence was rejected after a two-day trial, with Judge Lisa Tremewan ordering Armitstead to pay court costs of $130.
“There is a an important and legitimate need to warn off others who might seek to enter the prohibited areas of the park that there will be a significant rather than trifling consequence if found breaching the bylaw,” Tremewan said in sentencing.
“Mr Armitstead well knew that there had been significant changes brought in and why. Whether he agreed with those changes is also irrelevant. Mr Armitstead by his action defied the prohibition.”
Mayor Phil Goff welcomed the verdict in the case against Armitstead, who Auckland Council described as a rogue rambler, in which charges were first laid in November 2019.
“The offending occurred not once but three times. In prosecuting this case, we were looking to the court to send a strong message that flouting rules in place to stop the spread of kauri dieback presents unacceptable risks to the survival of kauri and has consequences.
“Kauri is an iconic native species that can live for thousands of years and it only takes one selfish or reckless act of ignoring the closure of the area to cause significant and potentially irreversible damage.
Local iwi Te Kawerau a Maki delivered a victim impact statement to the court about the breaching of the rāhui – or form of tapu restricting access to an area or resource.
Te Kawerau a Maki Tiaki trust director Robin Taua-Gordon said the “calling down” of the rāhui was not taken lightly and it was not some quaint cultural activity without consequence.
“Rāhui is one of the strongest forms of environmental management used by tangata whenua, and is only applied in serious situations, such as death, risk of loss of food species, or threats to habitat.
“When people enter a tapu space for selfish intent and without regard to the tapu and to the wellbeing of the forest, they may not know it, but they are harming the wellbeing of the forest.
“It is sad that some members of the public have such little respect for our environment, our people, and indeed future generations that they would repeatedly breach the rāhui. We only hope that some deep lessons are leant from this unfortunate episode.”
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