Angered by council resource management procedures, Peter Cowley pruned a Moreton Bay fig overhanging his daughter’s property in the New Plymouth suburb of Fitzroy challenging Council staff to prosecute. He was fined just over $9000; his daughter’s fine was reduced on appeal to $4500.
The High Court was told Amie Cowley’s Fitzroy property is overshadowed by a one hundred year old Moreton Bay fig, twenty metres high. It is a protected tree under New Plymouth District Plan. When getting building consent for a house and shed built on the site, Ms Cowley stated the buildings would not intrude under the tree dripline. On completion, they did. In 2017, Ms Cowley had discussions with Council about an approved aborist to come trim the tree. She was concerned about branches and debris from the tree falling on to her property. Trimming was postponed when a neighbour intervened, halting work. Some nine months later, Ms Cowley’s father, together with two others, took to the tree with a chainsaw. By the time Council staff arrived, pruning was complete. Mr Cowley said he had ‘given himself permission.’ He said he was making a point because he was carrying out a subdivision in the district which he considered was being delayed by Council inefficiencies. He challenged Council to prosecute, indicating a $10,000 fine counted for nothing since the trimming ‘added $100,000’ to the value of his daughter’s property.
Both Mr Cowley and his daughter were prosecuted under the Resource Management Act. Pleading guilty: Mr Cowley was fined $9166; Ms Cowley $7275. Ms Cowley’s fine was reduced to $4502 on appeal; she had made several approaches to Council regarding tree trimming, was concerned falling tree branches could injure her son, and had acknowledged the Moreton Bay fig was a neighbourhood asset.
Cowley v. R. – High Court (24.03.20)
20.065