A judicial review against the co-governance body Tūpuna Maunga Authority as first respondent, and Auckland Council as second respondent will be heard in Auckland High Court on Tuesday 5 December 2023 at 10 am. A full day has been set aside for the hearing.
The judicial review claim asks the High Court to quash (cancel) the resource consent the Council granted to the Authority permitting it to fell 278 of Ōtāhuhu Mt Richmond’s exotic trees, making up almost half of all of the mature trees on the reserve They cannot be cut down without that resource consent.
The judicial review claim alleges Auckland Council acted unlawfully in granting the resource consent to Tūpuna Maunga Authority without first giving the public an opportunity to object or comment.
The Authority is opposing the judicial review. Auckland Council had decided not to oppose the judicial review but instead to “abide” the Court’s decision.
It is the second judicial review initiated against the Authority and Auckland Council in relation to the Authority’s intention to rid Tāmaki Makaurau Auckland’s maunga of most of their non-native trees. The first judicial review, undertaken by Auckland couple Warwick and Averil Norman, found the Authority had acted unlawfully by not consulting the public on its decision to fell 354 non-native trees on Ōwairaka Mt Albert, and that the Council had acted unlawfully when it then issued a resource consent to cut down those trees.
Official information requests reveal ratepayers funded more than $1 million in legal and court costs relating to that judicial review.
Ōtāhuhu resident Shirley Waru (Te Rarawa o Ngāpui / Te Uri o Tai) initiated the judicial review and engaged members of the Ōwairaka legal team.
Despite community opposition to the planned tree removals and protests on-site, the Authority recently felled around 60 exotic trees at that maunga. It has stated it plans more felling early next year but has undertaken not to fell more trees before the judicial decision is delivered.
Ms Waru, who leads the Respect Mt Richmond / Ōtāhuhu maunga tree protection group, is fundraising to help cover the legal action’s cost via a Givealittle page.
Respect Mt Richmond / Ōtāhuhu 