Tree killer 'too sick' to go planting

George Bernard Shaw

An Auckland property developer convicted of destroying a protected pohutukawa tree has called in sick on his first "community planting" day.

George Bernard Shaw told organisers of the Saturday event he had flu and was unable to attend.

Joining in the planting in Onehunga Bay reserve was ordered as part of his punishment after he was convicted in the Auckland District Court in March of paying contractors to hack at the tree with chainsaws.

The 11m-high pohutukawa on a building site he owned in Mt Smart Rd, Onehunga, was thought to be more than 100 years old. The tree eventually died.

Shaw proposed that he should attend "restorative justice" meetings, where he faced 60 neighbours who called his actions "greedy" and "malevolent".

Judge Fred McElrea also ordered Shaw to pay an $80,000 fine, plus $50,000 towards the Auckland City Council's investigation of the case. He was also ordered to pay for a new tree on the site and maintain it for five years, and to pay $20,000 towards, and take part in, Maungakiekie Community Board's planting programme. Failure to comply with the last condition would attract a $25,000 fine.

Shaw is likely to have to explain his absence at a court hearing on September 11.

"I would certainly expect that to happen," said community board chairwoman Bridget Graham. She said the court hearing had been rescheduled to take place after the planting day.

"I was certainly concerned Mr Shaw didn't turn up, I am extremely disappointed," she said. "But we do have to give him the benefit of the doubt - if he's sick, he's sick."

She believed that he would have enjoyed the day and would not have faced any antagonism.

Shaw's lawyer, Paul Wicks, confirmed that his client was too sick to help plant.

The event had also been delayed.

"Mr Shaw was ready and willing and it was unfortunate the day they do have it, he's struck down with the flu."

Mr Wicks said he thought the city council would accept his client's excuses.

At the time of the case, Shaw's company was estimated to have assets of $7.3 million. He had similar convictions going back to 1987.

* The proposal to use restorative justice as part of George Bernard Shaw's penalty for cutting down a tree came from Mr Shaw, not from Judge Fred McElrea, as originally reported.