$29,00 fine highlights stakes under amended RMA

With fines increasing and insurance cover for those fines now banned, the stakes for working around protected trees have never been higher – as a recent case shows

In October, DS Trees Limited was fined $29,250 in the Auckland District Court after illegally trimming a protected tōtara in Mt Eden. The company admitted cutting three branches over 50mm in diameter without the required consent, damaging the tree’s shape and breaching District Plan rules protecting notable trees.

Tōtara trees are protected under the Resource Management Act 1991 (RMA), as they are considered part of Auckland’s unique urban forest and natural heritage.

In sentencing, Judge Tepania said the firm “should have known better, as a professional arborist engaged to work on a notable tree, than to proceed without confirming the tree’s protected status”.

Although the offending occurred under the previous fine regime, the case comes as New Zealand’s environmental liability framework undergoes significant reform.

RMA overhaul raises the stakes for arborists and landscapers

The Resource Management (Consenting and Other System Changes) Amendment Act 2025 came into force on 20 August 2025, introducing major changes to enforcement and liability for environmental offending. These include substantial increases to fines and a nationwide prohibition on insurance cover for those fines.

Key changes include:

• Maximum fines for individuals have increased from $300,000 to $1m.

• Maximum fines for companies have increased from $600,000 to $10m.

• Insurance policies can no longer cover RMA fines or infringement-fee liability, and any policy that attempts to do so is now void.

• From 20 August 2027, it will become an offence to offer or hold such insurance, with fines of up to $50,000 for individuals and $250,000 for companies.

• Councils now have greater ability to recover compliance, monitoring and enforcement costs.

The case is the first to be sentenced since those standards came into force in August 2025.

Judge Tepania imposed a starting point fine of $45,000, reduced by 35% for an early guilty plea, cooperation, remorse and remedial staff training, resulting in a final fine of $29,250.

Auckland Council’s Team Leader Investigations, Paul Cowling, said the decision sends a clear message to professionals working under the RMA. “Arborists are expected to be experts in their field.

That means knowing and following the rules and respecting them. We’re increasingly frustrated by professionals, who ignore District Plan protections for notable trees,” he said.

“The law change is clear and the message is simple: if you breach them, you’ll become liable to pay the fine yourself. That’s exactly what Parliament intended; to strengthen deterrence and accountability.

“These rules exist for a reason; to safeguard trees that are part of Auckland’s living heritage. They’re protected for a good reason; so when qualified arborists disregard those protections, it undermines public trust and the protection system as a whole,” he added.

The combined effect is a sharp increase in personal and commercial exposure. For the landscaping and arboriculture sectors, this means that breaches around protected trees now carry far greater financial and reputational risk.

What the changes mean on the ground

In an article for law firm Minter Ellison Rudd Watts, Partner Nick Frith and Solicitor Leticia Alvarez wrote that the reform eliminates any ambiguity there may have been.

“Fines for environmental breaches are now personal liabilities, not insurable costs. This is designed to preserve the deterrent effect of penalties, ensuring that they are not treated as a cost of doing business.

“The change reinforces a broader policy shift; environmental harm is no longer a low-tier offence. For insurers, this means adapting to a landscape where prevention and accountability are front-loaded, and where clear policy boundaries are essential to avoid disputes and uphold compliance.”

Landscapers and arborists working near protected or notable trees must now treat regulatory checks as a routine part of their workflow, confirming tree status, securing necessary consents, and documenting decisions.

The law confirms that insurance is no longer a fallback. While insurance can still cover legal defence costs and some remediation, the fine itself must be paid directly by the individual or company.

Financial and reputational risks are also heightened. With higher fines and no insurance cover, even moderate contraventions can have significant impacts on a business. RMA prosecutions may also harm reputation, which can be particularly damaging within a specialised sector.

For firms across Auckland and the rest of the country, the reforms highlight the need for

a compliance-first approach:

• Always check a tree’s status under the district or unitary plan before starting work.

• Ensure resource consent is obtained where required.

• Keep detailed records of assessments and completed work.

• Review insurance policies and remove any prohibited fine-cover clauses.

• Update contracts and client communications to reflect increased liabilities.

• Provide staff with guidance on protected-tree rules and escalation processes.