A Wellington development company that ordered the hacking of the branches off a protected kowhai tree has been fined $14,000 and ordered to replace the tree. The kowhai tree was 70-years-old and heritage-listed. …
Thereof Who is responsible for trees overhanging my property NZ? You can trim most branches or roots that cross into your property up to the property boundary. You and your neighbours are responsible for making sure that trees and other large plants do not cause problems for anyone else.
What type of trees are protected? Tree Preservation Orders (TPOs)
All types of tree, but not hedges, bushes or shrubs, can be protected, and a TPO can protect anything from a single tree to all trees within a defined area or woodland. Any species can be protected, but no species is automatically protected by a Tree Preservation Order.
Similarly, Are oak trees protected in NZ?
The Government’s removal of general tree protection rules became effective on January 1. In order to protect a tree, it now has to be listed as “notable” by Auckland Council. … No-one added the oak tree to the list and they have missed their chance to nominate any other trees.
Is pohutukawa protected?
PÅhutukawa are native to New Zealand and in many parts of the country, they may be protected and therefore require special permission to remove â even to simply prune.
What are my rights regarding overhanging trees? You have a common law right to cut back tree branches that overhang onto your property. … The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
Does my Neighbour have to cut my side of his hedge?
If a hedge grows along the boundary between two gardens, both neighbours are responsible for trimming. If a hedge belonging to a neighbour grows into your garden, you can trim it but, as with tree branches, you must return the trimmings to the owner.
Can I throw my Neighbours branches back NZ? If the roots or branches of your neighbour’s tree encroach on your land, you can cut them back to the boundary line. In law, this is called “abatement”. … Cuttings and fruit belong to the tree owner. You can put them back on their property, taking care not to cause any damage, or ask for them to be removed.
How do you know if a tree has a TPO?
Local authority maps. Some local authorities have maps you can check to see if a tree or wood has a TPO or is in a Conservation Area. If no map or list is available, or if there is any doubt, speak to your local authority’s tree officer or equivalent.
Which trees Cannot be cut without the approval of the government? Sheesham, Pine, Sandalwood, and Teak are a few of the plant species that cannot be cut without the approval of the government. The National Forest Policy was brought by the Government of India in 1988.
Can you cut down a tree with a preservation order? Tree preservation orders
If a tree has a TPO, it is an offence to cut it down, top it, lop it, uproot, or deliberately damage or destroy it without our permission.
Can I cut down trees on my property NZ? Before pruning or cutting down any tree
Before doing any work to a tree, it’s important to be sure it is on your private property. If you prune or cut down a tree that is on public property you can be fined. Unless a tree on your property is protected, you can maintain it as necessary.
What happens if I cut down a protected tree?
If you destroy a tree that has a TPO, you can be fined £20,000. If you work on a tree without permission, and you damage it (but don’t destroy it), you can still be fined up to £2,500.
Can I cut down a Kowhai tree?
Hi Colleen, yes you can trim the tree back. If it is planted in an exposed position the tops may have been wind burnt, or, it could be the Kowhai moth caterpillar that has stripped the foliage, they are active from spring through to autumn.
Can we cut pohutukawa tree? Undertake any work when the tree is most dormant â i.e. mid winter. However, reducing the size of a pohutukawa is not easy. If you cut large branches back you will precipitate epicormic growth back along the remaining branch which thickens up the within tree foliage.
Can I prune a pohutukawa tree? POHUTUKAWA TREE MAINTENANCE AND PRUNING
To enjoy a vibrant display every summer, it’s important to prune, lift and shape the canopy as required. Thinning out these trees thoughtfully can promote healthy growth, control the root system, maintain a stable structure and promote a bigger, brighter, better summer bloom.
Can my Neighbour cut my tree?
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
Is there a legal height for Neighbours trees? In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.
How do you check if a tree has a TPO?
Local authority maps
Some local authorities have maps you can check to see if a tree or wood has a TPO or is in a Conservation Area. If no map or list is available, or if there is any doubt, speak to your local authority’s tree officer or equivalent.
Can I make my Neighbours cut his tree? Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
Can a Neighbour come into my garden?
Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour’s land without their permission, you are trespassing.
What is the 7 year boundary rule? Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner’s permission for a certain amount of time.
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