The judgement against Sean Durham was delivered last month.
The judgement against Sean Durham was delivered last month.
Tōtara and other trees on around a quarter-hectare of significant ecological space at Whangaparāoa were felled and sold as firewood, an action a judge has since labelled “serious offending”.
Self-employed gardener Sean Durham was sentenced to 200 hours of community work after being convicted of an offence under the ResourceManagement Act for removing and altering vegetation within a significant area at Wade River Rd, Wade Heads.
A council officer spoke to Durham, who confirmed he had felled trees and was expecting a visit from the council.
“I’ve cut a few trees down. Just trying to keep the bush under control. I did get bored during lockdown and just started cutting trees down, and got a bit carried away,” he advised one council officer.
The maximum penalty for his offending was a $300,000 fine or a two-year prison sentence, but Auckland Council’s lawyer John Kang described Durham as being of “limited financial means”.
The area where the illegal activity occurred is in the densely vegetated space in the lower centre of this image, on Wade River Rd above the Weiti River. Photo / Google Maps
So last month, Judge Melinda Dickey at Auckland District Court sentenced him to 200 hours of community work.
“This is serious offending for a number of reasons,” she said in her newly published decision.
Durham had embarked on a programme of cutting and clearance, seemingly to sell the wood for firewood and make some money.
He did not check to see if the cutting and removal of vegetation was lawful.
When advised it was unlawful and should cease, he continued. Numerous requests for him to stop were made – all were ignored, Judge Dickey said.
Durham, self-represented, pleaded guilty to one charge.
The decision said he lived on Wade River Rd and was a “life beneficiary” of the property, owned and administered by the Public Trust.
That property above the Weiti Boating Club features two dwellings, but most is of it covered in native vegetation, including pōhutukawa, pūriri and broad-leafed coastal forest.
But in 2020, the council found extensive damage and trees felled in that special ecological area.
Tōtara, mature pine and gum trees were down, resulting in significant damage to the under-story of the vegetation.
“There was a large stockpile of building rubble – wooden planks, gib, plastic pipes, paint tins and buckets – at the bottom of the slope adjacent to the driveway. Pieces of refuse and building material were found through most of the site,” the decision said.
Durham was selling the firewood on Facebook Marketplace.
Durham was observed on four occasions between July 2021 and September that year felling trees at the property and on adjacent council-controlled land.
A Forest & Bird employee also saw the activity.
The damage Durham caused was estimated to be across 2520sq m or a quarter-hectare of unconsented vegetation clearance and land disturbance.
However, the council officers said the true extent of the damage was probably much greater than that.
The vegetation clearance and land disturbance had caused landslips and slumping which resulted in large clumps of soil falling toward the base of the slope.
Kang said the adverse effects of the offending were significant and damaging, especially given the sensitive nature of the environment.
He argued the court should have particular regard of the harmful cumulative and potential effects of vegetation removal within a sensitive environment, especially the greater risk of invasive species now overrunning the area, the change of ecosystem type, and that remaining vegetation was now more prone to the effects of winds and temperature.
Durham did not provide any formal written submissions but said he was sorry for what happened and had since gone about tidying up the land, the decision noted.
Anne Gibson has been the Herald’s property editor for 24 years, written books and covered property extensively here and overseas.
