Gore District Council

Trees - Rights and Responsibilities

Protected Trees

The Gore District Plan lists a number of significant trees. Such trees may not be felled or significantly altered without the approval of the Council. Minor maintenance and trimming of significant trees using hand-held tools is allowed, provided that the integrity of the tree is not compromised. It is the responsibility of the land owner to check whether trees on their land are protected.

The Council provides free advice on appropriate maintenance and trimming of protected trees. Enquiries should be made to the Manager of Parks and Recreation at the Gore District Council.

Neighbour Issues

The owner of a tree is responsible for that tree and may be liable for damage that it may cause. This could include leaves or roots blocking drainage on other properties and damage caused to boundary fences.

If a tree is overhanging a property boundary, the adjoining neighbour may trim the branches back to the boundary. This also applies to tree roots. Any costs incurred lie with the person undertaking the work. If action taken by a neighbour affects the health of the tree, the owner may seek compensation through the courts.

It should be noted that any fruit on a tree belongs to the owner regardless of whether that part of the tree is on their land or not.

If trees are blocking views or causing shading then in the absence of co-operative action from the tree owner, the Court has the power to order removal or trimming of any tree. The Court will make a decision based on danger, loss of view, interference with enjoyment of the land as well as amenity issues. If the Court orders trimming or removal of the tree then the work is carried out at cost to the neighbour. If the tree is protected approval of the Council is also required.

Note that a neighbour does not have a right to:

• Trespass onto the property of the owner of the tree.
• Take any action that could result in harm to the property of the tree owner; for example, excavating ground adjacent to the tree.
• Poison or spray the tree with herbicide.
• Chop the tree down if the trunk extends over the property boundary.

Also note that if trees are blown over during a storm, and damage a neighbour's property, this is deemed an "act of God" and generally damage cannot be blamed on either neighbour.

Trees On or Overhanging Public Land

If a tree on public land is creating a problem then you should contact the body concerned.

• For State Highways you should contact the New Zealand Transport Agency.
• For other roads and reserves you should contact the Council.
• For railway corridors you should contact ONTRACK.
• For river margins in Crown ownership you should contact Land Information New Zealand.

Contact details for these organisations can be found in the phone book or on the internet.

If a complaint is received about trees that are the responsibility of the Gore District Council then action will be taken at the Council's cost to avoid any hazard. In other cases, a decision on whether any tree should be trimmed or removed, and who should pay, is made on a case-by-case basis. If you do have any problems with trees for which the Council is responsible please contact us to discuss your concerns.

If trees on private land create a nuisance or a potential danger to the public, such as from:

• Branches overhanging roads or footpaths;
• Roots creating an uneven surface on footpaths;
• A risk of branches falling off or the tree toppling onto public land;

the Council will ask the landowner to undertake any maintenance required. If no action is taken, the Council can undertake the required work and recover the cost from the landowner.

Trees Under or Near Power Lines

Trees close to power lines can disrupt power and result in fires. The Electricity (Hazards from Trees) Regulations 2003 set out separation distances of trees from power lines. The greater the voltage in the power lines the greater the separation distance required. Further information can be obtained from electricity transmission companies, PowerNet and Transpower.

Generally, the electricity network company will trim trees near power lines on the first occasion at their cost. Any further works required are usually a charge on the land owner.

Council Involvement

A dispute about trees between neighbours is a civil matter. Unless the tree is on land under the control of the Council, or listed as being protected in its district plan, the Council cannot and will not get involved.