An Auckland man has been fined $21,000 after illegally pruning two protected pōhutukawa trees near Takapuna Beach to improve the view from his multimillion-dollar waterfront property.
According to a report by Stuff, Mark Fallwell, 85, pleaded guilty to two charges of unlawfully carrying out unconsented alterations to protected trees after extensive pruning work was carried out in March 2024.
The incident came to light after a member of the public contacted Auckland Council on March 1, reporting concerns about heavy trimming being undertaken on a pōhutukawa near a beach accessway in Takapuna. Council officers who attended the site found that large branches had been removed from one tree near the public accessway, while another pōhutukawa on Fallwell’s property had also been significantly cut back, Stuff has reported.
According to the council, both trees were between 80 and 100 years old and the pruning work did not meet accepted arboricultural standards.
Initially, Fallwell told council staff the trees had been trimmed for safety reasons and said neighbouring property owners had not objected to the work. However, he later admitted the trimming was carried out because the trees obstructed his views of the beach and sea.
One of the pōhutukawa trees is listed as a notable tree under the Auckland Plan, while the second tree is protected because of its size and location near the coastline. Resource consent is required before any alteration or pruning can take place, as reported by Stuff.
According to Stuff, Fallwell declined to identify the contractor responsible for the work, prompting Auckland Council to obtain a court production order to trace payments made for the pruning. The contractor, who was reportedly paid $6000 for the work, has also been charged and is due to be sentenced in May.
During sentencing in the Auckland District Court, the council stressed the importance of preserving notable trees in Tāmaki Makaurau, describing them as environmentally, culturally and historically significant.
The court heard the pruning had harmed the health and structural stability of the trees. Around 20 per cent of the canopy of the tree on Fallwell’s property was removed, and council experts warned it could take decades for the canopy to recover fully, Stuff has reported.
The council also argued that the pruning diminished the natural character of the Takapuna beachfront because the trees had previously screened nearby homes from public view.
Judge Sheena Tepania rejected arguments from Fallwell’s lawyer that the offending was simply careless and that Fallwell believed he could legally trim up to 10 per cent of a tree without consent.
“It is a reasonable expectation that persons who seek to have work carried out on indigenous trees of such an age, 80-100 years old, will demonstrate prudence in their actions and undertake the necessary checks with the council. A simple phone call inquiry to the council is not an unreasonable expectation when dealing with trees of such significant value,” the judge said in her decision released this month, Stuff has quoted.
Judge Tepania found Fallwell’s conduct amounted to “highly careless” offending, noting he had failed to make basic inquiries with the council and was motivated by a desire to improve his coastal views.
She also said he had shown poor judgment by not obtaining consent from all landowners connected to the accessway where one of the trees stood.
Despite this, the judge acknowledged Fallwell’s remorse, early guilty plea and previous good character.
Fallwell was convicted and fined $21,000, with 90 per cent of the fine to be paid to Auckland Council, as reported by Stuff.
His Takapuna beachfront property, measuring 1604 square metres, has a council valuation of $15.7 million.
Following the case, Auckland Council compliance manager Adrian Wilson reiterated the council’s stance on protected trees.
“Where there is evidence to support a prosecution, we will look to prosecute in most cases where remediation is not possible, and infringement penalties available do not reflect the scale of offending,” he said, as quoted by Stuff.
Fallwell could not be reached for comment.