Successful prosecution sends strong message

Successful prosecution sends strong message

The successful prosecution of two Alexandra men who damaged and modified an archaeological site in Central Otago has been welcomed by the New Zealand Historic Places Trust (NZHPT) for the strong message it sends.

Cam Withington and Lex McLean yesterday entered guilty pleas in the Queenstown District Court and agreed to pay a significant donation to the NZHPT for breaching provisions of the Historic Places Act (HPA) 1993 by damaging and modifying an archaeological site which was thought to be part of the North Pole diggings in the Garvie Mountains. Mr Withington was convicted and discharged without any fine and Mr McLean discharged without conviction. In neither case were any costs imposed.

The damage occurred on 3 June 2007 when a party including Mr Withington and Mr McLean mounted an expedition along with a TV3 crew. Footage from this expedition was broadcast by TV3 on 10 June 2007.

The NZHPT and the defendants have issued a joint statement, whereby:

Mr McLean and Mr Withington agree that their actions on 3 June 2007 in the Nevis Valley were in breach of Section 99 of the Historic Places Act 1993.

They support the work of the NZHPT in preserving New Zealand’s heritage for the benefit of all New Zealanders. They encourage anybody contemplating any physical investigation, such as theirs, to ensure that before undertaking any such investigation that they consult the Trust, and this includes the collection and removal of any artefacts from sites.

Central Otago and the Nevis Valley, in particular, is filled with sites that meet the definition of an archaeological site under the Historic Places Act 1993. The NZHPT, Mr McLean and Mr Withington urge anyone contemplating digging, removing artefacts or modifying a possible archaeological site (a place associated with the pre-1900 human activity) to contact the NZHPT before doing so.

The presiding judge confirmed the importance of the archaeological provisions in the Historic Places Act 1993, and said the bringing of this case was well founded. He stressed the importance of goldfields sites to the history of Central Otago and New Zealand.

NZHPT senior archaeologist Dr Rick McGovern-Wilson said the judge’s decision would send a clear message that New Zealand’s heritage has legal protection.

“NZHPT is delighted with the judge’s ruling and the message it sends. Hopefully this case will deter others from damaging heritage sites, particularly in Central Otago, which has been stripped of a lot of its heritage over the years.

“Investigations of actual and potential archaeological sites should be left to the experts.”

Dr McGovern-Wilson said the removal of artefacts was a national issue.

“As a nation we all lose when sites like these are damaged because not only are artefacts removed, the context they were in also goes, further undermining our knowledge and appreciation of New Zealand’s heritage.

“NZHPT actively promotes this issue by informing the public through its website, the media, and by speaking to community groups and organisations. Anyone who is interested in archaeology should make sure they not only know what the rules are, but that they abide by them.”

ENDS

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