Avondale tree protest: A protester who sat in a tree for a day given a discharge without conviction

Around 40 protesters came in support of the four protesters. Photo / Ellen Thompson

A protester who sat in a karura tree for a day hoping to stop the felling of dozens of mature native trees has today pleaded with a judge to discharge him without conviction.

"This is not an action I took lightly, yes some of the trees needed to be removed but over 15,000 were and only 7000 were replanted," Stephen Abel told judge Grant Fraser as he tried to explain his actions in the Auckland District Court.

Abel was arrested and charged with wilful trespass in 2021, alongside Hanna Luypers, Travis Mischewski and Jackson Wedding.

His fellow protesters were granted diversions during today's sentencing - something Abel wasn't eligible for given he's already had one before.

Around 40 protesters came in support of the four protesters. Photo / Ellen Thompson

The protestors, part of Mana Rakaū - Save Canal Road Native Trees, had been at the Avondale site on Canal Rd since July 2020 in protest of the removal of the grove of 100-year-old native trees.

There were originally about 50 mature trees on the site - including tōtara, kahikatea, karaka and pūriri - but about half of these had been felled after the section was sold to developers to build houses.

Judge Fraser started out saying that he thought "we were beyond a pure conviction and discharge" based on Abel's previous offending.

"A diversion, suspended sentence and now a discharge without conviction, how does that work," Judge Fraser said.

But Abel stood to address Fraser and explained the reasons behind his offending.

His lawyer Brandyn Gloyn said the offending was motivated by the danger of climate change and the lack of action taken from leaders.

"This is Abel's attempting to do change through the world with something he believes in.

"I acknowledge that it is against the law but they should be commended for bringing the matter to public attention," Gloyn said.

Protesters clashed with police in March 2021 as trees on Canal Rd in Avondale were chopped down. Photo / Jason Oxenham

Protesters gathered around the District Court in Support. Photo / Ellen Thompson

After several moments Judge Fraser told Abel that he wasn't unsympathetic.

"The issue is that whilst there is an absolute right to protest, there is the reality of the law," he said.

The court was packed with supporters with many having to sit on the floor or stand to hear the proceedings.

The room burst out in claps and cheers and a waiata was sung as the judge announced Abel would get a discharge without conviction.

"Despite the fact you have been breaching the law in my view you have been publicly responsible."

The other three protesters are due to appear back in court in January to make sure they are obeying their diversion conditions.