Trees and Bush on Neighbouring Properties
Legal responsibilities
According to the Property Law Amendment Act 1975, property owners are responsible for any nuisance or damage their trees cause to neighbours, even if the trees were planted before they bought the property. The Council does not get involved in neighbourhood disputes about trees unless the tree is protected by Council. If the matter cannot be resolved amicably, legal advice may be required. A Citizens Advice Bureau can give further advice on this.
Overhanging trees (including branches and roots)
If your neighbour's trees overhang a boundary, appear dangerous, or block sunlight, or if their roots cause problems with drains, the matter has to be sorted out between you and your neighbours.
Branches or roots crossing a boundary can generally be removed, provided that the work does not kill the tree or require a resource consent. The law indicates that these branches should be returned to the owner of the tree. However, if a decision is reached between you and your neighbour to either remove or prune a tree, then you may still require a resource consent from Council.
If trees overhang onto Council land, e.g. footpaths, the Council will request that you maintain them, and if not, the Council can complete any necessary work and charge the property owner.
The Council is unable to help with customer complaints of pollen from overhanging trees and you should visit a local pharmacy or doctor for assistance.
Tree and bush protection
In order to recognise the heritage value of some of the Far North District's trees, they have been classified as Notable Trees - these are shown on the District Plan Zoning Maps.
Other vegetation in the District is also regulated by provision in the District Plan, please check whether any vegetation you are planning to remove is regulated by this provision.
The pruning of non-Notable Trees is a permitted activity.
Landowners may prefer to formally protect indiginous flora on their property through a covenant (eg. QEII Trust) registered on the Certificate of Title.
For more information on Building, Planning and Development
Cutting or pruning trees or removing bush
Within the urban area, a resource consent is generally required for the removal and pruning (in excess of 20% of the foliage per calendar year) or work within the drip line of:
- Native vegetation (vegetation indigenous (native) to our District) more than 3m in height or 300mm in girth (as measured at a point higher than 1.4m above the ground)
- Exotic vegetation (non-indigenous to our District) more than 6m in height or 600mm in girth (as measured at a point higher than 1.4m above the ground)
All pruning needs to be done in accordance with accepted modern arboricultural practice.
Page created/updated: 12 January 2009 at 5:01 pm
