Letter: Toa Tree – Cook Islands News

You reported that construction company T&M Heather Ltd appeared to have admitted breaching the Environment Act 2003 by felling mature trees on Tikioki Beach without consent and continuing to do so after being told by the National Environment Agency (NES) that it was not permitted. Perhaps someone in the legal profession could correct the author, but is a legal “offence” just a more euphemistic way of saying “crime”?

Joe Joe Heather, the recently named landowner of the land involved in the case, Tamakeu Mataiapo, seems to think he and his company are above the law It appears that the “honourable” MP, Teariki Heather, owns a company that is guilty of crime.

The maximum fine for a corporation is $100,000. Well, it has to be “per tree.” Will the NES follow the lead of our own Court of Appeal and impose the maximum penalty on a member of Congress?

For legal issues, see section 455 of the Cook Islands Act 1915: The interest in native land includes everything growing on or attached to the 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.

These trees belong to each landowner. What is the cultural value of each tree to the current landowners whose ancestors planted these trees for future generations? Perhaps a land court judge will find that each tree is worth $100,000. How long will this litigation take place?

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