Trees and Bush

There is an extensive "green network" of trees and bush in Waitakere on both private and Council property. The Council is responsible for ensuring that adequate protection is given to trees and bush.

Legal responsibilities

According to the Property Law Amendment Act 1975 property owners are responsible for any nuisance or damage their trees cause to neighbours, even if the trees were planted before they bought the property. Waitakere City Council does not get involved in neighbourhood disputes about trees unless the tree is protected by the Council. If the matter cannot be resolved amicably, legal advice may be required. A Citizens Advice Bureau can give further advice on this.

Tree and bush protection

Some trees are classed as heritage items. They are shown on the District Plan maps. Other trees and bush are protected under the general tree protection rules. For these heritage and protected trees there are limits as to how much pruning can be done in one calendar year without resource consent. A resource consent will generally be required for the removal of the tree or bush.

Cutting or pruning trees or removing bush

Within the urban area, resource consent is generally required for the removal and pruning (in excess of 20% of the foliage per calendar year) or work within the dripline of: 

• Native vegetation more than 6m in height or 600mm in girth (as measured at a point higher than 1.4m above the ground) 
• Exotic vegetation more than 6m in height or 600mm in girth (as measured at a point higher than 1.4m above the ground) 
• All pruning needs to be done in accordance with accepted modern arboriculture practice.

For more detailed information, and for information about cutting and pruning trees and bush in other areas, contact us.

Overhanging trees (including branches and roots)

If a neighbour's trees overhang a boundary, appear dangerous, or block sunlight, or if their roots cause problems with drains, the matter is to be sorted out between the neighbours. Branches or roots crossing a boundary can generally be removed, provided that the work does not kill the tree or require a resource consent. The law indicates that these branches should be returned to the owner of the tree. However, if a decision is reached between the neighbours to either remove or prune a tree, then resource consent may be required from Council. For further information contact us.

Pollen complaints

Council is unable to help with complaints about pollen. You may wish to visit a local pharmacy or doctor for assistance.