Trees

What is happening with the tree rules from 1 January 2012?

A number of general (blanket) tree rules will continue to be enforced from 1 January 2012, despite law changes taking effect. Therefore you may still require a resource consent from the 1 January 2012 to remove or undertake any other works that may affect the health of the tree on your property; this includes some trimming and pruning. It is vital you check with the council before you take any action that may harm a tree. Further information can be found on our Tree consent page.

• Overhanging Trees - between two neighbouring properties
• Trees or Shrubs - causing an obstruction to pedestrians

Overhanging Trees (between two neighbouring properties)

The Council has no responsibility for shrubs or trees overhanging the boundary of adjoining residential properties that may be causing loss of light, dampness or a general nuisance. It is a common law or private matter. It does not involve Council except where a tree or shrub overhangs the front boundary and obstructs a footpath in the street.

The Property Law Act contains provisions on the action that can be taken by a property owner concerning shrubs or trees overhanging the boundary. Concerned property owners should contact their lawyer or Papakura's Citizens Advice Bureau for further information.

Trees or shrubs causing an obstruction to pedestrians 

On berms or verges

Trees or shrubs that interfere with pedestrians using a public footpath can be a nuisance and represent a danger. Trees or shrubs on the berm or grass verge should not obstruct pedestrians and Council will trim the plants if they are causing an obstruction. 

The Council will not remove a tree, if trimming is all that is required to alleviate an obstruction. 

Email Council's Customer Service Centre or telephone 295 1300 between 8.00am and 5.00pm Monday to Friday, to report an obstruction.

On private property

Those trees or shrubs located on private property and overhanging the front boundary causing an obstruction to pedestrians are the responsibility of the property owner.

Similarly trees or shrubs overhanging the boundary and obstructing a public walkway between two roads is the responsibility of the owner.  In both cases the owner of the tree or shrub has to trim the plant to prevent the obstruction.

Email Council's Customer Service Centre or telephone 295 1300 between 8.00am and 5.00pm Monday to Friday, to report an obstruction.