Sentenced to two months two weeks imprisonment after unlawfully clearing protected native trees off a building site, Augustine Lau has a long list of prior resource management breaches.
Also known as Ee Kuoh Lau, Augustine Lau came to New Zealand from Malaysia in 1992. He was convicted and sentenced in January 2018 for damaging six pohutukawa and one totara on a coastal site near Waiwera, Auckland. The motive was financial, the trial judge was told. Views would be enhanced and further building on the site would then be possible. The trees were knocked over with a digger boom; for safety reasons following a recent storm, Mr Lau said. The court was told Auckland Council staff had previously told him the trees were protected. Mr Lau’s subsequent resource consent application for the trees’ removal had been refused.
The Court of Appeal dismissed Mr Lau’s appeal against sentence. A longer term of imprisonment would have been justified, the court said. There was evidence of multiple resource management breaches around Auckland by Mr Lau in the past: Paremoremo (unauthorised dwellings and wastewater discharges); Albany (removal of vegetation and wastewater); Waiwera (unauthorised dwellings); Otahuhu (unauthorised earthworks); Flat Bush (unauthorised dwellings and wastewater); Mt Albert, Mt Roskill and Swanson (all unauthorised dwellings). Auckland Council has commenced bankruptcy proceedings against Mr Lau for a series of unpaid court cost orders totalling some $379,000. Inland Revenue is also pursuing Mr Lau.
Lau v. R. – Court of Appeal (16.05.18)
18.106