June 28, 2022
Maunga Authority told to play by rules
The Supreme Court has turned down an application by Auckland’s Tūpuna Maunga Authority to appeal a decision blocking the immediate removal of 345 Exotic trees from Owairaka-Mount Albert.
The Court of Appeal had ruled that while the authority’s integrated management plan for the maunga had flagged its intention to remove mature exotic trees and replant with native species, it had not made it clear this would be done in one go.
It found Auckland Council was wrong to grant the consent on a non-notifiable basis, and the authority needs to follow the consultation provision in the Reserves Act if it wants to remove the trees.
The Supreme Court says the Court of Appeal decided the matter on a relatively narrow procedural basis, and its decision does not affect the integrity or efficacy of the Tāmaki Collective settlement or co-governance arrangements generally.
While there are potential Treaty issues in the interpretation of the Conservation Act and its effect on the Reserves Act, this was not the right case to decide those issues.