Ōwairaka/Mt Albert tree removal: Pair hit with $70k bill over failed court bid

Tuesday, 18 May 2021

The Tūpuna Maunga Authority held a peaceful hui at Mt Albert / Ōwairaka to hear the woes of the protestors who are concerned about trees being cut down on the mountain. (Video first published in November 2019.)

A couple who attempted to save 345 exotic trees from being felled on an Auckland maunga must pay more than $70,000 in court costs following their failed legal battle.

One of the pair, Averil Norman, told Stuff they would progress their challenge – and the requirement to pay legal costs– to the Court of Appeal.

The Tūpuna Maunga Authority (TMA), which co-governs Ōwairaka/Mt Albert with Auckland Council, announced plans to remove the trees in November 2019.

They are to be replaced with 13,000 native trees and plants.

* Honour the Maunga slams $1.1 million budget to cut down 345 trees on Ōwairaka/Mt Albert

The Tūpuna Maunga Authority’s decision to fell 345 exotic trees to make way for 13,000 native trees and plants on Ōwairaka/Mt Albert was met with a lot of controversy.

* Mt Albert: Protest group and iwi set to stage three-day hui over tree felling plan

The decision to chop the trees down was met with opposition at the time and resulted in a group protesting the removal with a months-long sit in.

About 200 people protested the removal of trees from Ōwairaka/Mt Albert.

Auckland residents Averil and Warwick Norman made an application to the High Court against both the TMA and the council to halt the works, but that failed.

When it came to awarding costs, the applicants asked for a reduction in the final amount because of the public interest in the tree battle and because the couple acted reasonably in their application.

The court disagreed and both applicants were ordered to pay court fees totalling over $70,000.

Averil Norman said when an individual took a local body like Auckland Council to court it was usually assumed they were acting on behalf of the community, and would not therefore be expected to pay costs.

“Normally the system for the court is that they don't ever award costs against an individual taking a local body to court.

“That is the point – it’s not whether we can afford it or not. That’s really irrelevant. It's the process that's seriously been compromised.”

Anna Radford from Honour the Maunga explains why protestors are blocking the removal of trees from Mt Albert/Ōwairaka. (Video first published November 2019.)

She said the legal challenge was scheduled for the Court of Appeal on July 21.

The Normans, in their application, said the decision did not comply with two sections of the Reserves Act and said the TMA failed in its obligation to consult regarding the decision to fell the trees.

Therefore, the council could not lawfully follow the order to fell the trees given the decision itself was “unlawful”.

In her decision, Justice Cheryl Gwyn said she was satisfied the defendants were not trying to pursue any financial gain in protecting the trees from being felled and were proceeding as “concerned Aucklanders”.

However, she said she found no obligation for the TMA to consult on the matter.

In addition, the Normans did not represent a defined and organised group of residents and therefore did not represent a wider public interest, she said.

Averil Norman was ordered to pay $42,153.51. Warwick Norman must pay $31,590.80.

Averil Norman said the impact would not be understood until Aucklanders saw the trees coming down, and by then it would be too late.

“There are oak trees, there are olive trees, there are macrocarpa trees, there’s gum trees, there’s a lovely willow.”

She said she is confident the Court of Appeal will rule in the couple’s favour.

“We shouldn’t lose, but I didn’t think we’d lose last December either.”