Letter: Toa trees

You have reported that construction company T&M Heather Ltd appears to admit to an ‘offence’ under the Environment Act 2003 by cutting mature trees on the foreshore at Tikioki, not only without consent, but after being told by National Environment Service (NES) that the cutting was not allowed. Perhaps a legal type can correct the writer, but is ‘offence’ just a nicer word, at law, for ‘crime’?

Joe Joe Heather, recently invested Tamakeu Mataiapo of the land involved, seems to be of the view that he and his company are above the law. Teariki Heather, ‘honourable’ Member of Parliament, appears to have a company that has committed a crime.

Maximum fine for a company is $100,000. Well, that must be ‘per tree’. Will NES follow the lead of our own Court of Appeal and hold a Member of Parliament to the maximum penalty?

And on the subject of the law, have a look at section 455 of the Cook Islands Act 1915: Interest in Native land to include all things growing on or attached to land.

For the purposes of this Act the interest of any person in Native land shall be deemed to include his interest in all timber and other things growing on the land.

The trees belong to every landowner. What is the cultural value of each tree to present day landowners whose ancestors planted them for future generations? Maybe a Land Court Judge would find a value of $100,000 each. How far away can that lawsuit be?

(Name and address supplied)