RMA Amendments Enacted  

As of 1 October 2009, the Resource Management (Simplify and Streamline) Amendment Act is now in force.  Detailed below is one of the key changes:

Tree Trimming

From 1st October, blanket protection rules that prohibit or restrict tree trimming on private property in urban environments, are removed.  NOTE:  This change does not apply to rules that concern trees that are specifically identified in the plan or in a reserve. 

The Amendment Act itself does not define “trimming”, however Auckland’s territorial authorities joined forces to come up with a regional-definition of trimming.  Six of the seven authorities agreed on the following definition:

"Trimming of canopy (excluding roots) - no more than 20 per cent of live growth removal in any one year, in accordance with currently accepted arboriculture practice and which does not damage the tree's health."

While Auckland City Council provides the following in addition to the above definition:

"Trimming of canopy (excluding roots) by a qualified practitioner - no more than 30 per cent of live growth in any one year, according to accepted arboriculture practice. "

An interesting fact uncovered by ASL through research into the Amendments is that, according to the Ministry for the Environment, in order for a council to amend/insert the definition of ‘trimming’ in their district plan – they would be required to go through the process listed in Schedule 1 of the Act i.e. they would need to publicly notify the amendment as a plan change, receive public submissions on the amended/inserted definition and then make a decision having considered the public submissions.  This is different to the approach adopted by Auckland’s territorial authorities, where they have simply added a ‘trimming’ definition to their websites, rather than amending the respective district plans.  We at ASL say “bring on the case law!”

Tree Removal

The amendments relating to rules that restrict or prohibit the felling, damaging or removal of trees in urban environments do not come into force until 1 January 2012.  Consent is therefore still required to remove or destroy or work within the dripline of a tree that is protected by a District Plan’s rules. Councils are required to prepare a register of specific trees that will remain protected from removal after 2012. 

Urban environment is defined in the Amendment Act as “an allotment no greater than 4000m2 that is: a) connected to a reticulated water supply system, and a reticulated sewerage system; and b) on which is a building used for industrial or commercial purposes, or a dwellinghouse.”  

So – until 1 January 2012, you can trim or prune any trees in private property that are not currently specifically protected by a district plan, AND that are located in an urban environment.  From 2012, you can remove any trees in private property that are not listed on the new district plans register AND that are located in an urban environment.

For further information on the amendments or to answer any questions you may have on the changes, please don’t hesitate to contact Craig Brown of ASL or alternatively – check out the Ministry for the Environment’s Fact Sheets