26/11/2024
The Ōhope International Golf Club (the Club) has been sentenced for unlawfully removing over 500 native trees, including mature pōhutukawa, from a protected coastal dune area.
At sentencing last week, Judge Dickey imposed a $38,500 fine, along with standard court costs of $143 and a solicitor’s fee of $113. An Enforcement Order was also issued, requiring the Club to replant and manage the affected area over the next 10 years.
The affected land, located on reserve land leased by the Club, is within the Coastal Protection Zone under the Whakatāne District Plan. It is an Outstanding Natural Feature and Landscape, a Significant Indigenous Biodiversity (SIB) Site, and a gazetted recreation reserve managed by the Whakatāne District Council (the Council). The dune area involved is regarded as being particularly difficult for mature trees to establish, with the growth that was removed having been developed over at least 40 years.
David Bewley, General Manager Planning, Regulatory and Infrastructure, said the sentencing sends a strong message about the importance of adhering to environmental protections.
“The destruction of this protected site represents a significant loss of biodiversity and highlights the need for accountability.”
He continues, “The fine and Enforcement Order recognise the serious impact of the Club’s actions and while we recognise they were not deliberate, this sentence emphasises that such recklessness will not be tolerated. The Council remains committed to ensuring compliance and preserving our natural and cultural heritage for future generations.”
In December 2022, The Club met with Council staff to discuss future development at the golf course involving this specific area. The Club was explicitly informed that this part of the site was within an SIB site, and any clearance of indigenous vegetation would require resource consent. They were also advised to seek advice from a planning consultant and ecologist if they wished to proceed with any planning of an extension to the green. Despite this, in July 2023, the Club held a working bee, during which volunteers under the Club’s supervision chain-sawed and poisoned 535 native trees, and a further 33 introduced trees, across 2.4 hectares. The removal breached District Plan protections, as no consent was sought or granted.
Council staff promptly investigated and discovered significant damage, with tree stumps painted with poison from the edge of the fairway to the shoreline. An ecological assessment commissioned by the Bay of Plenty Regional Council (BOPRC) confirmed extensive damage, while a Department of Conservation (DOC) habitat destruction assessment verified that, although no notable habitats were affected, almost all the removed trees were indigenous and essential for stabilising coastal dunes.
A Cultural Impact Assessment prepared by Te Rūnanga o Ngāti Awa highlighted the great cultural and spiritual significance of the site, noting that the loss of indigenous vegetation disrupted the wairua, or spirit, of the land. It also noted the ecological significance of the area with both the native and the introduced banksia trees being essential to protecting the dunes and the golf course itself from coastal erosion.
Given the serious environmental and cultural impacts of the Club’s actions, Council staff served legal proceedings on the President of the Port Ōhope Golf Club seeking a prosecution of the Club for the removal of the indigenous vegetation without a resource consent and in breach of the Whakatāne District Plan; and an enforcement order to rehabilitate the area.
Reuben Araroa, Chief Executive Te Rūnanga o Ngāti Awa, expressed the cultural impact of the tree felling.
“This area holds deep historical and spiritual meaning for Ngāti Awa. These trees are part of our identity, and their destruction is a loss that cannot be easily repaired.” He continues, “These trees not only survive, but thrive in coastal conditions and lend their structure to mitigating coastal erosion thus protecting the very golf course that so many people enjoy.”
“We are pleased with the Court’s decision, which acknowledges the cultural and ecological harm caused and takes steps to ensure restoration.”
The Judge commended the Cultural Impact Assessment prepared by Te Rūnanga o Ngāti Awa and noted the high degree of recklessness exhibited by the Club in failing to oversee volunteer activity or implement protections.
Mr Bewley acknowledged the support of the BOPRC, DOC, and Te Rūnanga o Ngāti Awa in achieving this outcome.
“We’re grateful for their advocacy, which was instrumental in ensuring accountability. This case should serve as a reminder to check and recheck the legal requirements before proceeding with any indigenous vegetation clearance.”
