While we have many protected trees in New Zealand, we also have laws that protect people or things against trees. Under those laws, you could potentially be held liable for something that your trees do. Learn how you may be able to protect yourself from your trees.

We can't live without trees. They give us natural beauty, oxygen, shade, firewood, paper, furniture the list goes on. But trees can also get up to all sorts of mischief. Their roots can grow and damage underground pipes. They can drop leaves and fruit, and clog up drains or rivers. They can grow so big they block your neighbours views. Their branches can interfere with power and telephone lines. They can prevent sunlight getting to roads causing them to ice up. Falling branches can cause significant damage.

Because trees are mischief makers, over time laws have been developed so that trees and people can live peacefully together. Here are some examples:

» Your trees = your responsibility: Generally speaking, if you own land, you are the owner of trees planted on that land, and are responsible for what those trees get up to as they grow, whether or not you planted the trees

» Your trees vs your neighbours: If your trees are interfering with your neighbour's property, your neighbours may ask that you trim or remove those trees. If you can't reach agreement, your neighbours could even take you to court to seek a court order for trimming or removal of the trees

» Your trees vs your council: Local councils may include restrictions in local planning laws on where trees may be planted, so that trees (shelterbelts in particular) do not interfere with neighbouring properties or with road safety. Local councils also have the right to require you to cut down or trim your trees if they are a potential problem to road safety

» Your trees vs network utility providers: Likewise, power and telecommunication companies have the right to require you to cut down or trim your trees where they are interfering with, or encroaching on, power or phone lines, and

» Your trees could get you in trouble: If you fail to cut down or trim trees despite being required to, or in emergency situations, councils and network utility providers have the right to cut or trim the trees themselves and charge you for it. If your trees cause damage to their infrastructure, the authorities can seek compensation from you.
Living alongside your trees
To help you to happily live alongside your trees, you can do the following:

» Before planting trees (in particular shelterbelts), investigate whether there are any relevant laws that may restrict where those trees can be planted

» Be aware of laws that restrict how big your existing trees can grow

» If trees are a key feature of a property you want to buy, as part of your due diligence, investigate whether those trees may now or in the future need to be cut down or trimmed to comply with relevant laws

» Keep branches (and maybe even roots) regularly trimmed so they do not get out of control, and

» Act quickly if you receive a letter from a relevant authority asking you to cut or trim your trees.

By taking the steps above, you may not only protect yourself from liability, but also you may protect your trees from having to be cut down.