New Regulations on Trees and Power Lines - 18 December 2003
[ Last Updated 29 November 2005 ]
Media Statement from Hon Pete Hodgson, Minister of Energy
18 December 2003
New regulations governing the trimming of trees near power lines are designed to promote safety and help maintain power supplies.
"The absence of any clear definition of the rights and responsibilities of tree owners and line companies has led to disputes and delays in dealing with hazards," says Energy Minister Pete Hodgson.
"These regulations are designed to promote safety and help prevent power outages and fires caused by problems with trees and power lines."
The regulations, gazetted today, define safe separation distances between trees and power lines and specify who is responsible for ensuring the clearances are maintained.
Since 1992, apart from shelterbelt trees, there has been no regulation of separation distances. The 1992 review of the Electricity Act removed the rights of line companies to enter private property and trim or remove trees near lines. In the absence of regulations the common law on nuisance and negligence applies and remedies can only be sought after safety and reliability of supply have been compromised.
"There is general agreement among landowners and line companies that regulations are needed to clarify rights and responsibilities," Mr Hodgson said.
Under the new regulations landowners gain the opportunity to declare an interest in particular trees on their land that grow near power lines. If they do so, the line company is obliged to give notice when the designated tree or trees needs trimming. The landowner is then responsible for the cost of trimming, except for the first trim under the new regulations, which will be paid for by the line owner.
Where landowners declare no interest in their trees, all cost and responsibility for trimming or removal falls on the line owner.
Attached is a summary of the implications of the regulations for land owners, local authorities and line owners. A detailed summary of the regulations is available on the Ministry of Economic Development website.
Contact: Graeme Speden, press secretary, 04-471 9707 / 021-270 9055
graeme.speden@parliament.govt.nz
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