Kauri dieback: Man caught allegedly breaching closed tracks ignored ranger, court hears
Monday, 7 September 2020
A man caught allegedly breaching a closed track at a regional park ignored orders from a council worker to get out and continued walking anyway, a court has heard.
Robert Armitstead’s trial began on Monday at the Wāitakere District Court, where he faces three charges of breaching the Public Safety and Nuisance Bylaw.
The charges relate to the entry of closed tracks in the Waitākere Ranges Regional Park, and is the first prosecution since Auckland Council closed high-risk tracks to protect forested areas from further spread of kauri dieback disease in 2018.
Armitstead appeared before Judge Lisa Tremewan in a judge-alone trial and withdrew an earlier not guilty plea – instead pleading guilty to one of the charges for a May 19, 2019 incident.
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Armitstead's other alleged offending took place on August 26 and September 11, 2019.
Each charge is subject to a fine of up to $20,000.
A kauri dieback compliance officer told the court she witnessed Armitstead in a closed track on May 19.
She came across two vehicles parked at the entrance of a closed track on Greenwoods Corner while driving along Scenic Dr.
The officer said she took photos of the cars’ licence plates and when she turned, saw a man walking about 25 metres into the track.
She said she called out to him and he turned towards her.
“I recognised him,” she said, explaining they had known each other for 15 years from the Piha Surf Lifesaving Club.
A metal gate which separated the two at the time had signs clearly stating the track was closed and why, as well as details about the rāhui and trespassing.
“I told him, ‘you can’t be in there Bob. It’s closed, you need to get out’.”
Armitstead then told her he had spoken to a council member who told him there was no kauri on the track, and that he had it on good authority the soil was not soil tested, the court heard.
“We were about a metre or two apart at this stage on either side of the gate. Then he said, ‘sorry mate, I’m going in’, I was shocked.”
He was issued a trespass notice for the offending and lodged a complaint on July 17 disputing it and complaining about the officer.
The court heard Armitstead wrote that the officer didn’t identify herself as a council officer and was in an unmarked vehicle.
He also disputed the track was an access road and was open to the public, which council responded was incorrect.
During cross-examination, Stuart questioned whether the warning signs of the closure were added to the metal gate recently, before the first offending.
The officer said versions of that sign have long been at that track but because of vandalism, the sign on that day had been in place for two weeks.
Armitstead was later caught on surveillance cameras on August 26, walking along the Nihotupu bush tram line from the Mark Rush Tunnel, and again on September 11, on the Incline Track.
The trial continues on October 29 where Armitstead will give evidence.