Mt Albert tree removal: Legal battle fails to stop replacement of trees

Wednesday, 23 December 2020

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.)

The High Court has ruled the Tūpuna Maunga Authority (TMA) can proceed with their replacement of exotic trees for natives after a legal battle with protestors.

A group began protesting the removal of the trees on Ōwairaka/Mt Albert in November 2019.

The TMA, which co-governs Ōwairaka/Mt Albert with Auckland Council, plans to replace them with about 13,000 native trees and plants.

More than 300 exotic trees are to be cut down and replaced with 13,000 native trees and plants.

On Tuesday, the High Court declined a judicial review brought by Auckland residents Averil and Warwick Norman alleging the authority's decision was made without proper planning or consultation.

People have been protesting the tree removal since November 2019.

* Mt Albert tree removal: Rift opens among protesters

* Protest group occupying Mt Albert over tree felling boycotts hui

Signs in place of where tents previously were in protest of the planned tree removal in May 2020.

* The Detail: What's behind the battle for Ōwairaka/Mt Albert's trees

The court declined to make any of the orders sought by the Normans and found the authority and Auckland Council both acted lawfully when granting consent to remove the trees on a non-notified basis.

In a press release, the authority said it welcomed the judgment.

Chairman Paul Majurey said he was pleased the Court had recognised the Reserves Act legislation must be read in the context of the Treaty of Waitangi settlement.

He also “embraced” the Court’s view that the treaty settlement legislation established the authority to govern maunga “while providing for the exercise of mana whenua and kaitiakitanga by the mana whenua of Tāmaki Makarau”.

The authority said it remained committed to carrying out the plan for the ecological restoration of the maunga.

“The authority holds a long-term world view that these taonga are restored and are enhanced as wāhi tapu and as native wildlife habitat for generations to come.

“The authority hopes that the protest group will acknowledge and abide by this legal decision.”