Callous killing of kea by construction worker angers community

Wednesday, 23 January 2019

Sentencing of Stephen Frost in the Nelson District Court. Frost pled guilty to two charges under the Wildlife Act of hunting or killing protected wildlife and disposing of protected wildlife without lawful authority.

A construction worker who killed a kea in his workplace after becoming frustrated by it had been previously told the birds were protected.

Stephen Frost, 46, was sentenced in the Nelson District Court on Wednesday having earlier pleaded guilty to two charges under the Wildlife Act of killing protected wildlife and disposing of protected wildlife without lawful authority.

In July 2017, Frost was working at a construction site at Stanley Hill in the Motueka Valley where kea were frequently seen. There had been reports of kea causing damage to equipment.

Having arrived at the site to find kea on the office roof squawking, Frost picked up a wooden builders peg and hit the side of the container in an attempt to scare it away.

It is an offence to hunt, kill, or possess any protected wildlife in New Zealand. Kea are nationally endangered and it is estimated there are less than 5000 in the wild.

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The defence claimed Frost didn't intend to hit the kea, the wooden peg was icy and slipped out of his hand, knocking the kea to the ground. But the prosecution claimed Frost had previously shown hostility toward kea and the action of throwing the peg was a deliberate attempt to kill the bird.

Frost went on to stand on the kea, a move the defence claimed was to put it out of its misery, before wrapping it in plastic and placing it in a nearby skip.

Lawyer Tagan Lyall at the sentencing of Stephen Frost, left in the Nelson District Court.

It is an offence to hunt, kill, or possess any protected wildlife in New Zealand. The charge carries a maximum penalty of a fine of up to $100,000 or a two year term of imprisonment.

Acting for the Department of Conservation, lawyer Juliette Irwin said Frost and his co-workers had been told about the protected status of kea. The birds were nationally endangered and at high risk of extinction in the short term.

She said the offending was deliberate and the only mitigating factor was Frost's early guilty plea.

'We have an animal victim who is defenceless and unable to complain.'

'The impact of this offending has been felt deeply by the community, and attested to in letters which express both sadness and anger at the deliberate and callous killing of one of New Zealand's most iconic and at-risk bird species.'

She said a substantial fine was necessary and suggested a fine of between $10,000 and $15,000 as a starting point.

Defence lawyer Tagan Lyall disputed that the offending was deliberate and said Frost wasn't aware that he had hit the bird until it fell at his feet.

She said Frost never tried to cover up what had happened, his employer was aware of the situation and when authorities arrived at the site a week later he recovered the dead bird for them.

Frost had since lost his job, including the prospect of starting an apprenticeship and had been unable to find further employment.

'He told me this was a split second decision that ruined his life.'

Lyall said a week after the incident, a kea had become tangled in a scaffolding net on the same work site and Frost had climbed up to free it. He had also begun doing volunteer work at the Brook Waimarama Sanctuary.

Judge Tony Zohrab sentenced Stephen Frost in the Nelson District Court to 150 hours community work on two charges under the Wildlife Act of killing protected wildlife and disposing of protected wildlife without lawful authority.

She suggested a fine of no more than $5000 as a starting point.

Judge Tony Zohrab concluded Frost had thrown objects at kea on a number of occasions, not with the intention of deliberately hitting them but with the intention of scaring them.

However he had difficulty accepting on this occasion it was an accidental striking of the kea with the builders peg.

'What has happened is you have thrown a stake at it with the intention of scaring it off and you have hit it directly and stunned it and then have killed it.

'I accept that you would have been in a state of shock as you were surprised by what happened, but this was a deliberate throwing of the stake in the direction of the kea. '

Judge Zohrab said a report indicated that Frost was not in the position to pay a fine given his loss of employment and he sentenced Frost to 150 hours community work.

In a statement, Department of Conservation Motueka operations manager Mark Townsend said it viewed the harming of kea very seriously and it would not be tolerated.

'Kea have a conservation status of nationally endangered with their numbers estimated to be less than 5000 – a fraction of what their numbers once were. They need our help to ensure their survival.

'If people are concerned about kea behaviour around their property or work site they should contact the Department of Conservation or the Kea Conservation Trust.

The Kea Conservation Trust has a conflicts resolution co-ordinator based in the region, who facilitates programmes to provide practical help on kea proofing property and work sites.

It also advises on how to avoid kea hanging around. In most cases, it results in favourable outcomes for property owners and kea.

Information about practical kea proofing solutions can be found on the Kea Conservation Trust website www.keaconservation.co.nz