Trees, Fences, Neighbours Questions
Q. I want to build/ replace my boundary fence where it adjoins the Council Reserve. Will the Council contribute towards the cost?
- Yes, within the requirements of the Fencing Act 1978. However this does not apply to fences on road reserves boundaries or where a convenant exists absolving Council from contributing. Consumer Online - Fencing Law, legal rights.
Q. If I have a dispute about building/replacing my boundary fence what can I do?
- Details about disputes can be found on the following websites. Disputes Tribunal: Simple Justice
Q. What are my rights regarding the fence between my property and my neighbour's?
For commonsense guidence check "Consumer Online-fencing law, legal rights". Consumer Online - Fencing Law, legal rights
Q. A tree on a neighbour's property is overhanging/shading/ causing a problem on my property. What can the Council do about it?
- The Council has no jurisdiction over and does not become involved in issues relating to trees on private property, unless they are obstructing parts of public footpaths or roadways. Consumer Online - Trees and Neighbours, legal rights
Q. If I have a dispute about a neighbours tree that is causing problems on my property what do I do?
- Details about disputes can be found on the following websites: Disputes Tribunal: Simple Justice
Q. A tree on a neighbour's property is growing to high. Does the Council have a height restriction on trees on private property?
- The Council has no height restrictions on trees either in the District Plan or in the Napier City Council consolidated By-laws.
Q. A Council owned tree is blocking my view. Can it be topped or cut down?
- Council Policy is that trees shall not be topped or removed for the protection of views. Topping trees invariably leads to further problems later, as the resultant re-growth of branches is significantly weaker and prone to breaking in high winds.
Q. Leaves are blowing onto my property from trees on the adjacent reserve or road reserve. Will Council pick up the leaves?
- No, Councill will not pick up leaves, which have blown on to private properties. Also the Council does not require property owners to pick up leaves which blow from their properties onto reserves or road reserves.
Q. I have a tree on my property which I think is worthy of being protected, do Council protect trees on private property?
- No, the Council only registers Protection Orders for trees on Council land. However you may enter into a private convenant to protect your tree. For information on how to enter a Protection Covenant, contact Central Hawke's Bay District Council, Planning Department, phone (06) 857 8060
Q. Who is responsible for trimming trees overhanging roads/footpaths?
- Council is required to ensure that there is 4.2 metres clearance over the carriageway and 2.4 metres over the footpath. Council is responsible for it's own trees/vegetation in this regard and property owners for theirs. When a complaint regarding overhanging private vegetation is received a standard letter is issued to the owner/occupier as appropriate. This is followed by a house visit if necessary. If there is still no result our own forces will carry out the work at the owner's cost.