Just because you own a tree does not necessarily mean you have the legal right to prune or remove it.
Trees in Auckland can be protected in several ways.
This Blog post will help you determine if your tree is protected.
Here we explain the process for working on protected trees.
Your trees may be protected in the following ways:
- It is a notable tree or tree in a Significant Ecological Area (SEA).
- Tree protected by a condition on a past resource consent.
- Tree protected by a covenant or a consent notice on a Certificate of Title.
- Tree or vegetation near a body of water.
Trees or vegetation (non-pest species) are likely to be protected if:
- on or near (within 20 metres) steep coastal cliffs.
- if the cliff is within 150 metres of the high tide mark,
- on or near (within 20 metres) stream and river banks,
- within or close to sensitive coastal or wetland areas.
Auckland Council’s website is a great place to start to find out if your tree is protected.
Their “Check if you can chop, prune or trim a tree on your property” page can be found at the following link:
You can call them on 09 301 0101 to check the status of your tree in their system.
Alternatively, if you are more internet savvy, you can go on their GIS map to check your property yourself.
You can find if your trees are notable or in a SEA. A link to the GIS map can be found below:
A property file or certificate of title will help you determine if your trees are protected under past resource consents or by a covenant.
If a tree is protected through district plan rules, you will need to apply for a resource consent for;
- to cut the protected tree down,
- working around protected trees,
- trim or prune protected trees,
- any work may destroy the tree or cause irreparable damage.
If you do not obtain a tree consent, the council may fine you up to $250,000.
This law is under the Resource Management Act, for the works near a protected tree.
This can also include;
- excavation near a tree,
- construction (including decks, fences and retaining walls),
- depositing material near a tree,
- storing material beneath branches and around roots.
To apply for resource consent, you will need a report prepared by a suitably qualified and experienced Arborist.
This will detail exactly what is to happen and what trees are on site.
Plus why the work may infringe the Unitary Plan and methods to minimise any negative effects on the tree.
Tree Care Auckland is experienced in preparing resource consents to work on or around protected trees and supplying monitoring Arborists.
Talk to us if you need help to manage protected trees on your next project.
For tree work on protected trees, call our arborists.
Make sure to check out all our “How To Provide Tree Maintenance Series” instructional guides.
These arborist guides are aimed for tree owners who are keen to get their hands dirty.
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- How to prune a tree and how you can manage the condition of your trees…
- How to plant a tree guide with plenty of helpful advice…
Rossy and the Team.
Rossy | 021 508 806 | treecareauckland.co.nz