The Owners Units Plan 2849 v Conservator of Flora and Fauna (Administrative Review)

The Owners Units Plan 2849 sought judicial review of a decision by the Conservator of Flora and Fauna to refuse approval to remove a regulated tree on their property. The application was heard by the Administrative Appeals Tribunal. The Owners Units Plan 2849 argued that the Conservator's decision was unreasonable because it failed to properly consider the relevant criteria for tree damaging activity under the relevant legislation.

The Tribunal considered the criteria for tree damaging activity, including whether the tree was in decline, whether it represented an acceptable risk to public or private safety, and whether it was shown to be causing or threatening to cause substantial damage to substantial building, structure or service. The Tribunal found that the Conservator had properly considered each of these criteria and had not made an error of law or failed to take into account a relevant consideration.

The Tribunal found that the Conservator's decision was reasonable because none of the criteria for tree damaging activity were met. The Tribunal noted that the tree was not in decline, it did not represent an unacceptable risk to public or private safety, and it was not shown to be causing or threatening to cause substantial damage to substantial building, structure or service.

The Tribunal confirmed the decision under review and dismissed the application for judicial review.