Tree consent
Changes to tree protection rules from 1 January 2012
Pruning or trimming trees
Working near trees
Changes to tree protection rules from 1 January 2012
In 2009, Parliament amended the Resource Management Act 1991 (RMA) to remove general tree rules in urban areas from 1 January 2012.
Many people thought this meant that any tree could be cut down from 1 January 2012. This is not the case. Due to a decision by the Environment Court, a number of general tree rules will continue to be enforced. Therefore, you may still require a resource consent from 1 January 2012 before you can carry out any tree work on your property.
Check before you chop
From 1 January 2012, it is important that you check with the council before you carry out any tree work on your property.
Contact us to speak to a council planner and find out whether a tree rule still applies to a tree(s) on your property from 1 January 2012. They will also be able to advise what the tree rule means for you if you wish to remove or trim a tree on your property and whether your tree is already protected by other controls. For example, your tree may already be protected because:
- it is listed as a scheduled tree in the district plan;
- it is protected as part of a condition on a resource consent that has been implemented;
- it is protected by a covenant or consent notice on the title;
- it is located on a lot that does not meet the definition of an “urban environment” under the Resource Management Act 1991 (refer definition below).
The Auckland Council Operative District Plans, where required, have been amended to show where the general tree rules will be revoked and/or enforced from 1 January 2012 (refer district plan tree rule amendments).
Pruning or trimming trees
You can prune or trim trees on your property without applying for resource consent as long as:
- You live in an 'urban environment' (refer definition below); and
- the tree rules no longer apply to your property from 1 January 2012 (please check with the planning help desk to confirm this); and
- the tree is not scheduled; and
- the tree is pruned or trimmed so that it complies with the requirements below.
A resource consent is still needed to prune, trim or remove trees on streets, council parks and reserves, and on Hauraki Gulf islands.
Requirements for trimming or pruning a tree if you live outside the former Auckland City Council area
The limit to which you can prune or trim non-scheduled trees on private land in the urban environment where the tree rule still applies is:
- Pruning/Trimming of canopy (excluding roots) by the resident: no more than 20 per cent of live growth removal in any one year, in accordance with currently accepted arboriculture practice and which does not damage the tree's health. The natural form and branch habit of the tree species must be maintained.
Requirements for trimming or pruning a tree if you live within the former Auckland City Council area
The limit to which you can prune/trim non-scheduled trees on private land in the urban environment where the tree rule still applies is as follows:
- Pruning/Trimming of canopy (excluding roots) by the resident: no more than 20 per cent of live growth removal in any one year, in accordance with currently accepted arboriculture practice and which does not damage the tree's health.
- By a qualified practitioner: no more than 30 per cent of live growth in any one year, according to accepted arboriculture practice.
In both cases the natural form and branch habit of the tree must be maintained.
Urban environment definition
Urban environment as defined in the Resource Management (Simplifying and Streamlining) Amendment Act 2009 is:
An allotment no greater than 4000m2 -
- that is connected to a reticulated water supply system and a reticulated sewerage system; and
- on which a building is used for industrial or commercial purposes, or a dwellinghouse.
A lot which does not meet all of these criteria is not defined as an “urban environment” and therefore, where relevant, any tree on that site will still be subject to the relevant general tree rule from 1 January 2012.
Clarification around urban environment criteria
- An 'allotment' is defined in law and refers to any parcel of land that is a continuous area and whose boundaries are shown separately on a survey plan. This means that where cross-leases are concerned, the 'allotment' is based on the component parts (i.e. the boundaries of the cross-lease), not the whole or 'parent' site.
- Reticulated water supply system: the system of pipes that connects the property to Watercare’s reticulated water supply system. Often known as ‘town supply”.
- Reticulated sewerage system: the system of pipes, sewers and drains that are used to convey sewage from a property to Watercare’s reticulated sewerage system.
- Contains a building (dwellinghouse, industrial or commercial purposes): The allotment must contain one of these types of buildings. For example, buildings for community purposes or the site is vacant (regardless of the zoning of the property) do not meet this element.
Working near trees
You may not do any work near a scheduled tree or a generally protected tree where the rule will continue to be enforced from 1 January 2012. This work includes:
- Excavation
- Depositing material
- Construction
- Erecting buildings, including decks and retaining structures
- Putting in services
- Storing material around the dripline or rootzone of the tree, which is the area beneath its branches and around its roots.
You need to apply for a resource consent to work near or around scheduled trees or a generally protected tree where the rule will continue to be enforced from 1 January 2012. Please check with the council’s planning help desk to confirm whether a resource consent is required to undertake works on, around or beneath your tree.
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