Trees that could fall into a power line
The treefall hazard zone is an area that extends 24 metres from the growth limit zone. Trees within this zone may be assessed by a lines company. This does not mean every tree in the zone is a hazard. It means the tree may be assessed if there is concern that, because of its condition, size or location, it could fall onto the power line. A formal treefall hazard notice can only be issued if the tree is assessed as a moderate or high hazard.
Treefall hazard notices will not be issued before 23 July 2028. Before then, we may use voluntary processes to discuss hazardous trees with tree owners. These voluntary processes are separate from the formal treefall hazard notice power in the regulations.
From 23 July 2028, a tree owner may commit an offence if, without reasonable excuse, they:
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Do not have a tree removed within the timeframe required by a treefall hazard notice.
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Do not tell [us / your local lines company] the time and location of the removal as required.
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If convicted, the tree owner may be fined up to $10,000.
Planting a new tree near a power line
On 23 July 2027, a low height planting rule comes into effect. This means you must not plant a tree if you reasonably expect it could grow taller than its distance from the power line. The low height planting zone extends 24 metres horizontally from the power line.
If you plant a tree in breach of this rule:
- You may be liable for damages
- You may be responsible for the cost if the tree later needs to be cut, trimmed or removed
- You cannot use a ‘no-interest’ tree notice to transfer responsibility for managing the tree to the lines company
The planting restriction does not apply to trees that grow naturally. However, if a self-sown tree within the low height planting zone later needs to be cut, trimmed or removed, the tree owner may be responsible for the cost. There are some exceptions. The low height planting zone does not apply:
- On existing forest land
- In urban areas
- To shelterbelts
- On land administered under the Conservation Act 1987
Low height planting zone
Not complying with the low height planting zone restrictions is not itself an offence. However, it may affect who is responsible for the cost of future tree trimming or removal and the options available to the tree owner under the regulations.
Not sure whether your property is in an urban area? Check your district plan or contact your local council.
Tree notices and what they mean
| Notice / process | When it may be used | What it means | What the tree owner may need to do | Who pays? |
|---|---|---|---|---|
| Treefall hazard notice (from 23 July 2028) Before this date, discussions with tree owners about hazardous trees will be voluntary |
After written advice from a qualified and experienced arborist about the likelihood of the tree falling, a tree in the treefall hazard area has been assessed as a moderate or high hazard. | The tree must be removed within the timeframe set by the regulations. | Work with the lines company on safe removal as per the notice. A moderate hazard tree must be removed within 45 working days. A high hazard tree must be removed within 25 working days. | In most cases, the lines company meets the reasonable cost of removing the tree and associated debris. However, there are exceptions. For example, if a tree was planted unlawfully in the low height planting zone, the tree owner may be responsible for the cost. |
| No-interest tree notice | In certain situations, an owner or occupier may say they have no interest in the tree. If you have already received a cut or trim notice or, from 23 July 2028, a treefall hazard notice, the no-interest notice must generally be given within 10 working days. | This may affect who carries out the work and who manages the tree next. | Follow the process and timeframes in the regulations and any local guidance. |