Tree or Bush Removal (including resource consent processes)

Resource Management (Simplifying and Streamlining) Act 2009

The Resource Management (Simplifying and Streamlining) Act 2009 will change the rules in regards to tree trimming and tree removal in the urban environment.
In brief:

• General Tree Protection remains in effect until the 1st January 2012. That means current District Plan rules still apply in relation to the removal of vegetation, e.g. native and exotic vegetation over 6m in height or over 600mm in girth (measured 1.4m above the ground) in the General Natural Area are still protected, and resource consent is required before a tree(s) can be removed.
• From the 1st October 2009, tree trimming will not require a resource consent.
• There is no change to the District Plan provisions for scheduled trees.
• The proposed changes only relate to the urban environment which means an allotment no greater than 4000m2 and:

• Is connected to a reticulated water supply and sewerage systems.

• Contains a building used for industrial or commercial purposes, or a dwelling house.

This means that the provisions above will not apply to the whole of Waitakere City, and in particular not to the rural and coastal parts of the city.

It is very important to note that General Tree Protection rules remain in effect in Waitakere City until 1 January 2012. This means until this date you still need a council consent to remove generally protected vegetation. This generally includes exotic and native trees that are taller than 6 metres or with a girth of greater than 600mm (measured 1.4m above the ground). Other vegetation is also protected so it pays to check with council before you undertake vegetation alteration.

Removal of Vegetation

Until the 1st January 2012, if you seek to remove vegetation then this may require a resource consent. This is dependant on the provisions of the District Plan which outline resource consent requirements for vegetation alteration. If the proposed removal is a permitted activity, then no resource consent is required.

As a guide, the following aspects need to be known to establish whether resource consent is required:

• The height / girth of the vegetation
• The species, and in particular native / exotic
• Extent of the vegetation clearance
• Whether the species is listed in the Removable Vegetation Appendix and /or the Environmentally Damaging Plants Appendix
• Whether the tree is scheduled

For information on the District Plan guidelines refer to the document below:

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Natural Areas Guidelines - Vegetation Alteration (Size 157K)

Please be aware that other rules of the District Plan may apply such as if the site (of the proposed vegetation removal) is located on a sensitive ridgeline, or is identified as subject to instability.
If resource consent is required, applications for tree or bush removal are generally non-notified resource consent applications, processed for free for the vast majority and processed within 20 working days.

Occasionally however, these applications may need to be notified. For information about notified applications refer to notified land use consents.

So if you are thinking about removing trees on your property please call the Council before you start work so we can let you know whether you need a consent.

Tree Trimming

From the 1st October 2009, tree trimming will not require a resource consent.

The District Plan already allows pruning as a permitted activity (no resource consent is required).

Within the General Natural Area (which covers a high percentage of the "urban environment") the pruning (trimming) of native and exotic vegetation greater than 6 metres in height and greater than 600mm girth measurement taken at 1.4 metres above the ground) done in accordance with accepted modern Arboricultural practice and no more than 20% of the foliage of the plant is removed in any one calendar year is a permitted activity.

The relevant permitted level of trimming (pruning) is identified in each of the other Natural Area Zonings.

If the above is applicable, then no resource consent will be required. It is strongly recommended that you use an Arborist to trim trees on your property to avoid damaging the tree and to prevent accidents from attempting the job without the proper equipment.

Any pruning (trimming) should not result in the health or structural integrity of the vegetation being compromised.

So if you are thinking about trimming trees on your property please call the Council before you start work so we can let you know whether or not you need a consent.

Removal of Vegetation in the General Natural Area Only

This information applies to properties in the General Natural Area Zoning only Area.

Consent is not required for the pruning, alteration or removal of native or exotic vegetation which is both less than 6m in height and less than 600mm in girth (girth measurement taken at 1.4 metres above the ground).

Consent is not required for the removal of plants listed in the Environmentally Damaging Plants Appendix (see document below). This contains plants such as Monkey Apple and Black Wattle, which can be removed without consent (unless it results in a total cleared area of more than 500m2 (i.e. 500m2 of clearance requires consent) or is located on a sensitive ridgeline, or the tree is identified as a heritage tree.

Consent is not required for removal of plants listed in the Removable Vegetation Appendix  of the District Plan (unless it results in a total cleared area of more than 500m2 (i.e. 500m2 of clearance requires consent), on a sensitive ridgeline or the tree is identified as a heritage tree. Some examples of these trees are as follows:

• Acacia species
• Bamboo species
• Eucalyptus Cinerea (Silver Dollar Gum) - NB only this variety of Eucalyptus
• Pine species - NB Norfolk Pine requires consent - it is not a pine species
• Any tree grown for its edible fruit
• Chinese Poplar - NB only this variety of Poplar
• Macrocarpa
• Willow species
• Phoenix Palm - NB only this variety of Palm

Note: You will need to have Adobe Acrobat Reader installed on your computer in order to view and print these documents.  For help opening PDF files or tips on copying information see Helpful Tips.

Environmentally Damaging Plants Appendix (Size 61K)

Removable Vegetation Appendix of the District Plan (Size 68K)

If the tree is dead or dangerous

If vegetation is required to be removed because:

• In the opinion of an expert recognised by Council, the tree is dead or suffering from an untreatable or dangerously infectious disease
• Removal or alteration of vegetation is necessary to avoid injury to persons or damage to property

Then no resource consent will be required.

If the tree is deemed dead or dangerous, written advice from a professional Arborist that the tree requires removal (without the need of resource consent) and has documented evidence to back up this written advice (such as photographs of the situation and if relevant the urgency and associated state of the tree) will be required. Onus of proof will lie with the Arborist or tree owner to substantiate that the removal of the tree did not require consent.

Arborists can be found in the Yellow Pages under 'Tree Services' and many offer an afterhours service.

Any relevant documentation should be forwarded to Council within seven days in order for Council to update their records if this event does occur.

Heritage (Scheduled) Trees

These trees are protected for their significant historical, cultural, botanical or amenity value and are identified on the planning maps and listed in the heritage appendix.

These trees receive the highest level of protection, and require additional consideration under Rule 3 : Destruction, Trimming, Felling and Modification of Heritage Trees.

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Heritage Appendix (Size 621K)

Works within the dripline of protected vegetation, including heritage trees

The dripline of protected vegetation, including heritage trees means all the area (including the ground and beneath the ground) below the canopy spread of vegetation.

Works within the dripline includes:

• excavation
• depositing material
• construction
• erecting buildings, including decks and retaining structures
• putting in services or
• storing material around the "dripline" of the tree, which is the area beneath its branches

If works are proposed with the dripline of protected vegetation / heritage trees then resource consent will be required for the works.

How to apply for resource consent

To apply for consent to alter or remove vegetation (including works within the dripline) you must provide the following:

• A completed standard application form. An application form can be printed off here.
• A plan showing the location of the tree(s) or bush to be removed.
• A description of the proposal (such as details of and reasons for the work required).
• A description of the measures to be put into place (if any) to mitigate for the removal of the vegetation, e.g. replacement planting.
• Proof of neighbour's consent if applicable.
• Mark the subject tree with dazzle fluorescent paint or tape.

Application form

Note: You will need to have Adobe Acrobat Reader installed on your computer in order to view and print this document.  For help opening PDF files or tips on copying information see Helpful Tips.

Vegetation Alteration (Size 107K)

Costs

There is no charge for applications for tree or bush removal (if non-notified).

What happens to my application after it has been lodged?

Your application will be allocated to a resource planner specialising in tree and bush protection, who will check the application against the rules of the District Plan, and visit the site. If you wish to be present during the site visit, let us know on the application form.

You will be advised of the decision on the application.

Processing time

The application should be processed within 20 working days from the day the application or any additional information required is received. However, this can at times be exceeded for a variety of reasons. You will be advised if this situation arises.

Duration of consent

If resource consents are granted, five (5) years is the normal period given to carry out the works. However, given the nature of vegetation alteration, two (2) year timeframes are normally imposed.

Can it be declined?

Yes, if Council staff processing the application, recommend that it be declined, a decision on the application will be made by the Hearings Committee, (a committee of Councillors and Community Board members). You can present your case to the Committee.

Can I appeal Council's decision?

If the Hearings Committee declines your application , you can appeal to the Environment Court. The appeal has to be received by the Environment Court within 15 working days from the day the decision was received.

If the application was approved, but you are unhappy with conditions imposed on the approval, you can lodge an objection within 15 working days from the date the decision was received. A written objection should be forwarded to the Principal Planner, Resource Management. Reference should be made in the objection to Section 357 of the Resource Management Act 1991.