$10,600 poisoned tree case dismissed

By Sandra Conchie
A Tauranga man caught poisoning a tree he planted 20 years ago on the grass verge outside his home has escaped criminal conviction after the case was bungled.
Allan Gray was photographed poisoning the pohutukawa on council property outside his Brookfield home on January 22. He poured the poison into holes he had drilled on December 24 because the tree "just drove me nuts".
He was charged with intentional damage - but walked free from Tauranga District Court this week because the charge was laid too long after the offence.
Under Summary Offences Act, the charge should have been laid within six months of the January 22 incident but it was laid five days too late.
In court this week, defence lawyer Viv Winiata pointed out the charge had been laid on July 27, which was too late.
Judge Stephen O'Driscoll threw out the charge. Mr Gray may still face civil legal action and a potential $10,604 council bill.
The self-employed car repairer told the Bay of Plenty Times outside court he now regretted the way in which he set about trying to get rid of the "ugly beast". But he didn't regret his actions because they stemmed from frustration built up over many years.
"This tree had mutated with heaps of limbs sprouting from its base and several protruding up through the power lines. It should have been replaced years ago."
Mr Gray said the offending tree dropped millions of 6mm hook-like needles and when the wind blew they showered everywhere.
"It not only caused a yellow carpet mattress on my lawn but clogged up my guttering, blew inside my house, workshop and even on to my clothes on the line. It's been the bane of my life for years. It just drove me nuts."
Mr Gray said the tree was planted on the road verge when the parcel of land was still vacant and it was only when the land was subdivided last year that the council took any particular interest in the tree, apart from trimming it occasionally.
"The first I learned of the prosecution action against me was when three policemen turned up at my door to arrest me. I was shocked and I'm even more shocked by the reparation bill of $10,604. That's just ridiculous."
Mr Gray said he did not know how the prosecution got photos of him.
He had offered the council a mature palm tree growing on his property as a replacement and was still waiting for its reply. Whatever happened, he would continue to dispute the council's reparation assessment.
In court, Mr Winiata told Judge O'Driscoll that the council's reparation request was quite "out of whack" given that a replacement five-year-old pohutukawa tree costs $85.
"Even with planting and site costs, plus maintenance costs for the tree over the years, $840-$860 would be much nearer the figure, in my estimation."
Mr Winiata said the tree was still standing and shows signs of life at its base. Council had made no moves to remove it.
Marie Gordon, the council's team manager city parks, said the matter had been referred back to the legal team and she was awaiting advice as to the next move.