The Central Otago District Council (CODC) has scheduled the controversial removal of wilding pines at the Half Mile Recreation Reserve for next week (Tuesday June 6) but opponents have mounted a last-minute legal challenge to that plan.

A letter from special counsel Kristy Rusher of AWS Legal was sent to the council on Tuesday and presented in person by Bridge Hill resident Chris Winter in the public forum of yesterday’s council meeting (Wednesday May 31).

The letter refers to the council’s duties under the Reserves Management Act 1977, and specifically section 42 of the Act, which states that trees on a recreational reserve shall not be cut or destroyed unless under specific circumstances. 

Whether the council can argue that one or more of those circumstances have been met is yet unknown, as CODC communications support Mary-Jo Tohill said the letter was only received on Tuesday so no response was yet available.

The letter also points to a section that states: “the administering body shall not proceed with the cutting or destruction and extraction except in a manner which will have a minimal impact on the reserve and until, as circumstances warrant, provision is made for replacement, planting, or restoration …”

The counsel argues that council authorised removal of the wilding pines in question in advance of finalising a restoration plan, and is therefore in breach of several of its statutory obligations under the act. 

It is also stated that no provision has been made for the protection of the schist gecko population resident within the reserve.

Kirsty requests the council confirm by 5pm next Wednesday that the removal of trees has been suspended, failing which an application for an injunction may be filed with the High Court, incurring additional expense.

For now, the reserve will be closed to the public from today (Thursday June 1) until June 25 as notified, and it remains to be seen if felling of the wilding pines will commence on Tuesday (June 6).

The Central App will follow any changes to the plan closely.