Trees

We need trees.  They can be a source of food and shelter for bird life, they improve the quality of the air we breathe and they beautify our towns and landscapes.  But they come with responsibilities. Their leaves can block drains and gutters, their roots can impact drains and foundations and they can hide views or cast long shadows. 

Protected trees

There are no trees listed as protected trees in Southland District Council’s District Plan.

Neighbouring trees

Trees come with many benefits, they also bring responsibilities.  Tree owners are responsible for ensuring that trees on their land don’t cause problems for neighbours.  Tree owners are also responsible for any damage that a tree on their land causes to a neighbouring property.

If you have concerns about a neighbour’s tree, it’s always best to talk to them about it first before you act.  They may not even be aware that there is a problem and it may be possible to find a solution that works for both of you.

The law lets you cut the roots and branches of a tree that is encroaching on your property back to the boundary of your property. You shouldn’t cause the tree to become unstable or cause any unnecessary damage and you shouldn’t trespass on your neighbour’s property.

The cuttings belong to the tree owner.  It may surprise you to know that the fruit and flowers of the tree also belong to the tree owner and you shouldn’t pick them. You can put them back on your neighbour’s property without causing damage or you can ask for them to be removed from yours.

The law doesn’t give you the right to chop a tree down where the trunk of the tree extends over the boundary and it doesn’t give you the right to poison it. 

If the encroaching parts of the tree have caused damage to your property, you can go to the Disputes Tribunal or the District Court to claim the cost of doing that work and of repairing the damage caused to your property.

If a tree is dangerous or blocks your view or light and talking to your neighbour hasn’t resulted to a solution, you can apply to the District Court for it to order your neighbour to trim or remove the tree, shrub or plant.

Trees near power lines

Trees growing close to power lines can cause power outages or pose a fire risk.  The Electricity (Hazards from Trees) Regulations 2003 sets out the distances that trees must be from power lines.  The greater the voltage in the power lines, the further away trees need to be.

If your trees are growing too close to a power line, to stay safe and prevent the risk of electrocution or serious injury, you must have your trees trimmed by an approved contractor.

You can obtain more information from electricity transmission companies like Transpower and PowerNet.

Council involvement

Where there is a dispute about a tree, unless that tree is on land under the control of Southland District Council, the Council can’t and won’t get involved.

If you have concerns about trees on Council-owned land, please contact us on 0800 732 732