An Auckland arborist company has been fined more than $32,000 for cutting down a notable tree without resource consent.
Waitākere Tree Services removed the copper beech tree from a site in Epsom in December 2020.
It had checked the Notable Tree Register on the council website, but did not identify the tree as protected.
It was revealed the developer and the building company received a report that disclosed the tree was protected, but it was not provided to Waitākere Tree Services.
In the Auckland District Court, the judge said while there was no deliberate non-compliance, the arborists should have known better.
"While a website check was undertaken it missed the notation for this tree because of the way in which the check function is set up; the omission was compounded by the people 'on the ground' relying only on the advice from their employer as opposed to making their own assessment and checking further," Judge Dickey said.
"Whilst there was no deliberate non-compliance, the defendants clearly ought to have known better as qualified people experienced in this field."
The copper beech tree would be replaced with the most mature beech the defendants could find in the North Island, Auckland Council said in a statement.