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Appendix 5: Prosecutions in the Third Period in which the Restorative Justice Process has been used119

 

Case Brief details District Court sentence
1 Auckland City Council v Premier Tree and Lawn Services Ltd and Charlie Salelea Laulu and Lolesio Keli 120

See case 2 of the community imposed work table in Appendix 2 for more details.

Keli and Premier Tree and Lawn Services Ltd undertook work on instructions from property owner.121 Keli attended the restorative justice conference.
2 Auckland City Council v B & C Shaw Ltd and Shaw 122

See case 28 of Appendix 3 for more details.

Guilty plea. Felling of large pohutukawa tree without consent. Restorative justice process – described by Judge as worthwhile and meaningful. At restorative justice conference defendant apologised to the community. The outcome of the meeting – defendant was to pay for cost of transplanting an existing large Pohutukawa to be planted in place where fully visible from the road, enforcement order by consent for five-year period binding any future owner of site to pay for arborist to maintain tree and to replace tree if it dies, donate $20,000 to Community Board for purchase of at least 200 trees to be planted at sites chosen by Board, pay $50,000 towards Council’s costs and remains of felled tree to be made available for community preservation.

 Convicted and fined $80,000, enforcement order for replacement tree. Shaw made voluntary donation of $20,000 and work for local community. Court ordered that if Shaw failed to pay donation then company would be fined $25,000.
3 Christchurch City Council v Thomas Christopher Lewis 123 See case 3 in the discharge without conviction table in Appendix 2 for details, restorative justice conference held and discharge without conviction.
4 Manukau City Council v Daniel James Hewes 124 Guilty plea by owner of property to working within drip line of protected tree – tree had already been substantially damaged by someone else. Restorative justice conference held, outcomes included apology in local paper, payment of costs for articles in paper about need to apply for consents and care and protection of trees, agreed to pant and maintain trees in reserve and met half of cost of conference. Convicted, suspended sentence and enforcement order requiring defendant to pay $5,000 towards Council costs.
5 Waitakere City Council v A Mackinnon 125 See case 4 of the community imposed work table in Appendix 2 for details. Restorative justice conference held and sentence of community work imposed.
6 Auckland City Council v A1 Tree Ltd and Gittos 126 See case 6 in discharge without conviction table in Appendix 2 for details. Restorative justice conference held. Gittos discharged without conviction and ordered to pay costs of $2,500 jointly. A1 Tree Ltd convicted and fined $2,500. Costs ordered jointly against Mr Gittos and company by way of enforcement order of $2,500.
7 Auckland City Council v Suresh Makanji Raniga 127 Guilty plea to one charge of cutting and pruning 16 protected trees. Successful restorative justice conference. Outcomes included apology to community to be conveyed to neighbours, mitigation plan involving planting of new plants, hedging planted to provide low level mitigation, offer to donate 24 trees to local school and to pay for planting by an arborist, public apology in local newspaper and story in publication “Indian Newslink” and donation of any logs or branches from trees to appropriate organisations so timber could be put to worthwhile use. Defendant spent $30,000 at date of sentencing to achieve remediation. Convicted and fined $6,500.
8 Manukau City Council v Singh Developments Ltd and Germail Bahunda Singh 128 Guilty plea to four charges against each defendant of removing protected trees and demolishing part of a heritage building. Restorative justice conference but Judge held that genuine remorse was not demonstrated. Judge said if no restorative justice conference then fines in order of $20,000 to $25,000 may have been appropriate. Convicted and fined $12,000 and enforcement order requiring remedial work.
9 Hutt City Council v Wayne Sproston 129 Guilty plea to one charge of breach of section 9(1), extensive earthworks. Restorative justice conference – two lengthy meetings. Outcome – defendant agreed to pay reasonable costs of neighbours and to make a donation to Forest & Bird Society, sent letters of apology, technical plan as to works to be done at time of sentencing had not been approved. Judge said process had worked; albeit one outstanding matter but said sentencing could not be deferred further “... there can become a stage where restorative justice becomes oppressive. It should not be used as a Sword of Damocles to exact and extract from you matters which perhaps may not be fair”. Agreed outcome of conference cost defendant $39,500. Convicted and discharged and ordered to pay $1,500 to Council towards engineering expenses.
10 Manukau City Council v Lisa Cai 130

Guilty plea to two charges for breach of section 9(1), removal of tree. Defendant was property manager and developer of property. Defendant instructed contractor to remove vegetation including totara tree. Work also breached conditions of subdivision consent.

Restorative justice conference outcome – defendant apologised to neighbours and agreed to programme of reinstatement work to be enforced through enforcement order involving planting of trees to value of $2,500 and to pay for maintenance of trees for two years, publish apology in local newspaper, pay for publication by Council of educative articles about trees at cost of $2,800 and to reimburse Council for its costs of $6,000.

 Convicted and discharged and ordered to pay Council costs of $6,000 and enforcement order made for reinstatement work as agreed at conference.
11 Auckland Regional Council v PVL Proteins Ltd 131 Guilty plea to three charges for breach of abatement notice requiring defendant to cease discharge of contaminants into air from its rendering plant which are noxious, dangerous, offensive or objectionable in opinion of enforcement officer. Discharge to air in breach of abatement notice occurred on three dates over three-month period. A meeting was held before entry of guilty plea which was not a restorative justice conference. Prosecution was adjourned to allow time for restorative justice process. There was no restorative justice outcome in the sense of a response to wrong-doing but there was an offer of amends. Company got credit for working with Council to produce an agreed enforcement order. Convicted and fined $36,000 and ordered to pay costs of $20,000. Judge took into consideration $2,000 defendant had paid before the sentencing date to Council for costs for Council staff time.
12 Manukau City Council v Claxton Tree Services Ltd 132 See Appendix 2 for details, restorative justice conference held and discharge without conviction.
13 Auckland City Council v Xao Xiang Yu 133

Guilty plea to seven charges for breach of section 9(1), earthworks and destruction/damage of 11 protected trees. Defendant obtained a retrospective resource consent for the earthworks.

Restorative justice conference outcomes included planting but at date of sentencing the defendant had not undertaken any of the work possibly because of misunderstanding on his part. At the sentencing hearing the defendant said he would undertake the work. Council said if defendant failed to do so it may apply for enforcement order.

 Convicted and fined $25,000.

 

119 There is reference in the High Court decision for the appeal in the case Rodney District Council v Josh Tupou and Sam Wong 5/08/2005, Harrison J, HC Auckland, CRI-2005-404-146 to a meeting with residents and this may have been a restorative justice conference. This was not checked as the District Court sentencing notes were not available and this case has not been included in this appendix.

120 7/06/2005, Judge McElrea, DC Auckland, CRN 04004502289 and 2253.

121 The property owner was Lowe and her company 12 Carlton Gore Road Ltd. These parties were also prosecuted. The decision is in the second period – Auckland City Council v 12 Carlton Gore Road Ltd and Mary-Anne Katherine Lowe, 11/04/2005, Judge McElrea, DC Auckland, CRN 04004502283. Guilty plea to charges for breach of section 9(1), destruction and cutting of trees. Restorative justice conference outcome – defendant apologised to neighbour, spent $8,000 landscaping property and planting trees, contributed $3,000 to community and proposed payment of $2,909 for Council costs. Company convicted and ordered to pay costs to Council of $2,909, Lowe discharged without conviction.

122 2/03/2006, Judge McElrea, DC Auckland, CRN 5004502435 and 436.

123 24/05/2006, Judge Smith, DC Christchurch, CRN 05009504494.

124 9/06/2006, Judge McElrea, DC Auckland.

125 13/10/2006, Judge McElrea, DC Auckland. Written sentencing notes not available. Details provided by Waitakere City Council.

126 22/01/2007, Judge McElrea, DC Auckland, CRI -2006-004-018850 and 021361.

127 2/04/2007, Judge McElrea, DC Auckland, CRI -2006-004-023560.

128 2/04/2007, Judge McElrea, DC Auckland, CRI -2006-092-008522.

129 17/05/2007, Judge Whiting, DC Wellington, CRI-2006-032-000564.

130 25/07/2007, Judge McElrea, DC Auckland, CRI -2006-092-016504.

131 13/08/2007, Judge McElrea, DC Auckland, CRI-2006-069-001093.

132 3/09/2007, Judge McElrea, DC Auckland, CRI -2006-092-012322.

133 12/02/2008, Judge Dwyer, DC Auckland.

 

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