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The High Court has ruled that the Tūpuna Maunga Authority (TMA) can proceed with the replacement of exotic trees with native trees after a legal battle with protesters.
A group began protesting the logging in Ōwairaka / Mt Albert in November 2019.
The TMA, which co-governs Ōwairaka / Mt Albert with Auckland City Council, plans to replace them with approximately 13,000 native trees and plants.
Abigail Dougherty / Stuff
More than 300 exotic trees will be cut down and replaced by 13,000 native trees and plants.
On Tuesday, the High Court rejected a judicial review filed by Auckland residents Averil and Warwick Norman, claiming the authority’s decision was made without proper planning or consultation.
READ MORE:
* Removal of trees from Ōwairaka / Mt Albert: protest camp withdrawn for ‘violating’ the Covid-19 blockade
* Removal of the tree from Mount Albert: a rift opens between the protesters
* Protest group occupying Mount Albert for boycotts of logging hui
* The detail: What’s behind the battle for the dewairaka / Mt Albert trees?
The court refused to issue any of the orders requested by the Normans and found that the Auckland authority and Council acted legally by granting consent to remove the trees without notice.
In a press release, the authority said it welcomed the ruling.
Abigail Dougherty / Stuff
People have been protesting the tree removal since November 2019.
President Paul Majurey said he was pleased that the Court had recognized that the Reserve Law legislation should be read in the context of the Waitangi Treaty agreement.
He also “embraced” the Court’s view that the treaty-settlement law established the authority to rule maunga “while stipulating the exercise of mana whenua and kaitiakitanga by the mana whenua of Tāmaki Makarau.”
The authority said it remained committed to the execution of the ecological restoration plan for the maunga.
Abigail Dougherty / Stuff
Signs at the site of the tents protesting the planned May 2020 tree removal.
“The authority has a long-term world view that these taonga are restored and enhanced as wāhi tapu and native wildlife habitat for generations to come.
“The authority hopes that the protest group will recognize and abide by this legal decision.”
