Please note that there have been some recent changes to tree trimming rules. For more information about these select the link above.
Protected trees in urban areas
The following trees are protected in urban areas:
- Any tree greater than 6 metres in height.
- Any native tree greater than 3 metres in height within 200 metres of mean high water springs.
- Any native trees or vegetation up to and including 10m from a cliff or where there is no cliff, from mean high water springs (basically the coastline or tidal zones).
The Council's District Plan also contains a number of sections with provisions about tree protection. Sections 7.9.4.1 and 18.9.3 of the Rodney District Plan refer to tree protection. Historically and culturally significant trees in Rodney are also listed under section 17(c) of the District Plan.
There are exemptions to the above information – contact us for more information.
Protected trees in rural areas
There is a much wider variance in the tree rules depending on factors such as zoning, if the tree is part of a continuous area of bush, or near the coast. To find out if the tree or bush is protected please contact us.
Neighbourly disputes
Property owners are responsible for any nuisance or damage their trees cause to neighbour’s property (this includes trees planted before the property was purchased).
Examples might include trees or roots over boundary, tree branches affecting exposure to sunlight, roots interfering with drainage etc.
Council does not get involved in neighbourly disputes about trees unless the tree is protected by Council. If the matter cannot be resolved amicably, legal advice may be required. The Citizens Advice Bureau can give further advice on this.
Removal and pruning of trees on public land
Trees or branches on public land can be considered for removal in the following situations (as long as the tree is not classified as protected).
- Tree causing shading to rooms – where rooms are being shaded for more than 3 hours per day the property owner may apply to Council to remove or trim the tree.
- Tree dropping leaves onto private property – branches may be trimmed in this situation.
- Tree roots causing damage to private property – tree roots may be trimmed in this situation, or if this is unlikely to provide a solution, Council may remove the tree.
- Tree branches overhanging private property – branches will be removed where practical, if not likely to permanently damage the tree.
- Trees causing traffic visibility problem – branches will be trimmed.
- Fallen trees are not necessarily removed if they pose no danger; however, if the situation has potential for danger the tree will be removed.
If you are concerned about a tree that falls within the above criteria please contact us.