Implications of the Trees Regulations

[ Last Updated 29 November 2005 ]

Landowners

Landowners will be required to decide if they have an interest in the individual trees on their property. They are expected to maintain an interest in trees which contribute to the appreciation of the area or provide shelter or screening to the adjoining property.
Where an interest is maintained, landowners will be responsible for the costs of trimming the tree to maintain the regulation safety distances.
Where ‘no interest’ is declared, all costs and responsibility falls to the line owner.
If a landowner does not allow the line owner reasonable access to trim or remove the tree, the ‘no interest’ notice is rescinded and the landowner is responsible for maintaining the tree (including the cost of the first trim).
The regulations will not affect any agreement between a landowner and a line owner on tree removal and maintenance, except with respect to separation distances.

A local authority is required to maintain an interest in trees it owns that are subject to clearance or pruning restrictions under a District Plan.
If a tree that is owned by the local authority is not subject to clearance or pruning restrictions under a District Plan, that tree is subject to the interest/no interest regime under the regulations.
Where an interest is maintained, the local authority will be responsible for the costs of maintaining that tree (excluding the first trim).
The regulations will not affect any agreement between a local authority and a line owner on tree removal and maintenance, except with respect to separation distances.

The line owner must issue an information notice, at least annually, to consumers informing them of the dangers of contact between trees and live power lines, the cutting of trees near lines and an explanation of the requirements and penalties in the regulations.
The line owner will be responsible for monitoring separation distances and issuing notices to landowners where a tree encroaches or is near to encroaching them.
The line owner will be responsible for the cost of the first trim where a landowner maintains an interest in a tree. The line owner can elect to perform the first trim itself.
Where no interest is declared, the line owner can fell the tree if it chooses and will be responsible for the costs of removing it. Where a private landowner declares ‘no interest’ in a tree that is subject to District Plan clearance or pruning restrictions, the line owner may require resource consent to trim or fell the tree.

Printed: 09/11/2009