Trees on your PropertyRākau, Taiapa, Kiritata

If a tree owner and an aggrieved neighbour can't agree on what to do, there are several courses of action that can be taken.

Mediators and arbitrators are available to help resolve a dispute between two parties; however, neither party can be forced to take part in either of these processes.

A mediator will help you negotiate a solution to the dispute, is less formal and usually less expensive. Mediation cannot be enforced by a court unless you have included enforcement procedures in your agreement. An arbitrator will impose a solution, which is backed by the courts.

Before seeking assistance with your dispute, it is a good idea to work out the likely costs. Mediation and arbitration are charged on a time basis, and both parties are expected to pay an equal share, unless another agreement is reached.

Local councils rarely become involved in neighbourhood disputes about trees.

Disputes Tribunals

Disputes tribunals can hear claims for damages to property for amounts up to $15,000 (or $20,000 if the parties agree). Typical examples are claims for damage to drains, driveways, foundations and fences.

Generally, a tribunal referee will not be able to hear claims when the dispute is over loss of light, sunshine or views, or involves removal or trimming of the tree. In the latter case, a referee can try to help the two sides reach an agreement; however, if your neighbour decides to ignore this, you will have to go to the District Court to try to get the problem resolved.

District Court

Claims for more than $15,000, or that involve the loss of light, sunshine or views, or the removal or trimming of trees, can be taken to a district court. The court can award monetary compensation for damage caused by a tree, and can also order that a tree be removed or trimmed.

Claims through the District Court will almost certainly require the help of a lawyer and can be expensive.

If you want to plant trees or shrubs on council land, you must get permission first. It is an offence to do this without authorisation. Illegal plantings can interfere with drains or public works, or they may be considered inappropriate for a particular environment. It is also an offence to remove or damage trees or shrubs growing on council reserves, except within the normal scope of abatement.

Local councils rarely get involved in neighbourhood disputes about trees.

Protected trees

Classification of a protected tree will vary among councils and may include specimen trees above a certain height, native vegetation, or even 'blanket protection' of all trees in your area. Before you start to chop down all or part of a large tree, check with us to see if you need special permission.

Other forms of tree protection include the listing of significant trees in a district plan, heritage orders under the Resource Management Act and voluntary protection under the Heritage Covenant provisions of the Historic Places Act. Substantial fines are issued to those who ignore some of these protections. We can supply you with details of its policy.

Problematic trees near public land

If your tree is creating problems near a road or public land, Council can issue a notice ordering you to remove or trim it. This might happen if the tree is damaging roads, drains or other public amenities, or if it obstructs traffic or the view of road traffic. Several other statutory authorities also have this right.

If you want to challenge Council's view, you can apply to the District Court to have the notice set aside, but you will need to be quick as in some situations you will only have ten days to do this.

If you ignore the notice, Council can enter your property and carry out the work itself. You will have to bear the cost and may also be fined. In an emergency where there is imminent danger to life, property or roading, we can do this at your cost with only verbal notice being provided beforehand. Council cannot do more than is necessary to prevent danger.

Council must also look after its own trees according to the same basic rules as everyone else. Most councils have written policies covering this, including rules around who pays for what.

The first step is to let us know there is a problem. If you are not happy with our response, you can proceed as if Council was a private landowner, perhaps by cutting back the offending roots and branches, trying to get Council into mediation or even starting legal proceedings.

If you want to plant trees or shrubs on Council land, you must get permission first. It is an offence to do this without authorisation. Illegal plantings can interfere with drains or public works, or they may be considered inappropriate for a particular environment. It is also an offence to remove or damage trees or shrubs growing on Council reserves, except within the normal scope of abatement.