Suburbs need trees. They provide food and shelter for birdlife, improve air quality, and beautify our towns and landscapes.
But trees can also block drains, disrupt walls and foundations, hide the view, cast long shadows, and, from time to time, fall down. Trees, especially other people's trees, can cause feelings to run very high.
We explain your rights and responsibilities when it comes to trees growing on your property and those on your neighbour’s.
Your rights around trees
If you're a landowner, the law says you have the right to the ordinary use and enjoyment of your land. However, your neighbours also have this right.
Nobody may interfere unreasonably with other people's use and enjoyment of their land. This means you are responsible for ensuring your own trees do not cause problems for anyone else.
There are many factors that can be relevant in deciding what to do about a tree that’s starting to cause a problem.
Apart from health and safety issues, and the benefits to be enjoyed by each party, there is also the public interest to consider. This includes:
the maintenance of a pleasing environment
the desirability of protecting public reserves containing trees
the value of the tree as a public amenity
any historical, cultural or scientific significance of the tree
any likely effect on ground stability, the water table or run-off.
If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line.
Can I do anything about my neighbour’s tree?
If your neighbour's tree is causing problems, the first step is to talk to them. They may not even be aware of your concerns.
Give them the chance to fix things and look for a solution everyone will be reasonably happy with. If, for example, you are worried about shading, it may be that the tree can be thinned rather than chopped down.
A mutually agreeable solution will be preferable to a lengthy, costly and bitter legal battle.
Can I cut my neighbour’s tree branches growing on my property?
If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line.
This applies to roots, too, but take care not to undermine the stability of the tree or the ground around it.
In law, this right to prune is called ‘abatement’. If you don't want to cut the tree back yourself, you can ask a district court for an order for the tree to be trimming or even removed.
You have obligations when cutting trees that are encroaching on your land if the trees aren’t causing any harm or loss of enjoyment. For example, you must not:
do more than is necessary to abate the nuisance
cause unnecessary damage
trespass on your neighbour's property
create any other problems for your neighbour.
Do I have to pay the cost of cutting my neighbour’s tree?
If you incur costs in cutting back the roots or branches of your neighbour’s tree that are encroaching on your side of the boundary, you won't be able to claim those costs back from your neighbour.
But if the roots of your neighbour's tree have damaged your drains, or a branch from it falls on your house, they'll probably have to pay. Even if the damage results from forces outside your neighbour's control, they may still be liable if they:
could have been expected to know the tree was unsafe and
did not take reasonable steps to make it safe.
This means they will have to pay the costs of fixing up the problem as well as any compensation for damage that may be due to you.
Can I force my neighbour to cut down a tree that blocks the sun?
If your neighbour’s tree blocks the sun or interferes with your view, communicate with your neighbour first. They might be open to solutions like thinning, topping or removing the tree.
If your neighbour won’t agree to fix the problem, you can apply to the district court to get an order for your neighbour to trim or remove the tree.
The court will only issue the order if it's satisfied that it’s fair and reasonable, and is necessary to prevent:
an undue obstruction of a view that would otherwise be enjoyed
an undue interference with your ability to grow trees or crops
an undue interference with the use or enjoyment of your land because of the impact of leaves, flowers, fruit, branches, shade or access to light
an undue interference with any drain or gutter
any other undue interference.
The court must be satisfied that the tree’s impact as a nuisance on you is greater than the impact on your neighbour if they had to remove it.
The court will consider other factors, too, such as whether you knew of the nuisance before you purchased the property.
You’re likely to have to pay for this work, unless the court orders that it’s fair for your neighbour to contribute to the costs.
My neighbours tree trunk is over the boundary; can I cut it down?
If the trunk of the tree extends over the boundary, this does not give you the right to chop it down. A tree planted on your neighbour's land belongs to them, and they will be liable for any damage it causes.
But if the tree was planted on the boundary, you are probably a co-owner. If your neighbour does not agree to have the problem resolved, you can apply to a district court for an order for the tree’s removal or trimming.
Can I poison my neighbour’s tree?
You can’t poison your neighbour’s tree, even if it extends onto your property. This includes poisoning the roots or spraying the tree with herbicide.
Can I take fruit from my neighbour’s tree?
Fruit belongs to the tree owner and so do cuttings. You can put them back on their property, taking care not to cause any damage, or ask for them to be removed.
However, if you have a discussion with your neighbour, you’ll probably find they’re fine with you using whatever grows on your side.
Can my neighbour plant hedges on the boundary?
Your neighbour can plant hedges right up to the boundary line, but not on it unless they get your permission. For more information about structures or plants on a boundary line, our advice on fencing law has got you covered.
As the hedge grows, if it encroaches past the boundary onto your property, your normal rights apply and you can cut it back to the boundary.
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Council involvement
The council ordered me to remove my tree; do I have to?
If your tree is creating problems near a road or public land, the council can issue a notice ordering you to remove or trim it.
If your tree is creating problems near a road or public land, the council can issue a notice ordering you to remove or trim it. This might happen if the tree is damaging roads, drains or other public amenities, or if it obstructs traffic or the view of traffic. Several other statutory authorities also have this right.
Some councils can provide information about tree care and the names of recommended arborists.
If you want to challenge the council's view you can apply to the district court to have the notice set aside. But you will need to be quick: in some situations, you will only have 10 days in which to do this.
If you ignore the notice, the council can enter your property and carry out the work itself. You will have to bear the cost and may also be fined.
In an emergency (where there is imminent danger to life, property or roading) the council can carry out tree work at your cost – it only has to give a verbal notice. In this situation, the council can't do more work than is necessary to prevent danger.
My tree is protected; what does this mean?
Some trees are protected because they are historically, culturally or scientifically important. Classification of a protected tree will vary among councils and may include:
specimen trees above a certain height
native vegetation
blanket protection of all trees in your area.
Before you start to chop down all or part of a large tree, check with the council whether you need special permission.
Other forms of tree protection include:
the listing of significant trees in a district plan
heritage orders under the Resource Management Act
voluntary protection under the heritage covenant provisions of the Historic Places Act.
There are substantial fines for ignoring some of these protections. Your local council will be able to supply you with details of its policy.
There are council trees growing over my boundary; can I cut them?
The council must also look after its own trees according to the same basic rules as everyone else. Most councils have written policies covering this, which vary from council to council.
The first step is to let the council know there is a problem. If you're not happy with the response, you can proceed as if the council was a private landowner. You can cut back the offending roots and branches, try to engage the council in mediation or even start legal proceedings.
Can I plant trees on public land?
If you want to plant trees or shrubs on council land, you must get permission. Illegal plantings can interfere with drains or public works. They can also be considered inappropriate for a particular environment.
It's an offence to remove or damage trees or shrubs growing on council reserves, except within the normal scope of abatement.
How to resolve disputes about trees
If a tree owner and an aggrieved neighbour can't agree on what to do, several courses of action are open.
Mediation and arbitration
Both mediators and arbitrators are available to help resolve tree disputes.
A mediator will help you negotiate a solution to the dispute. An arbitrator will impose a solution.
Mediation is less formal and usually less expensive but cannot be enforced by a court unless you have included enforcement procedures in your agreement.
An arbitrated settlement is backed by the courts.
Before you start, you should work out the likely costs. Mediation and arbitration are charged on a time basis, and both parties are expected to pay an equal share, unless another agreement is reached.
Disputes tribunals
Disputes tribunals can hear claims for damages to property for amounts up to $60,000. Typical examples are claims for damage to drains, driveways, foundations and fences.
However, generally a tribunal referee will not be able to hear claims when the dispute is over loss of light, sunshine or views, or involves removal or trimming of the tree.
District court
Claims that are not covered by the disputes tribunal, or that involve the loss of light, sunshine or views, or that involve the removal or trimming of trees, can be taken to a district court.
The court can award monetary compensation for damage caused by a tree. It can also order that a tree be removed or trimmed.
Claims through the district court will almost certainly require the help of a lawyer and can be expensive.
More information
New Zealand Arboricultural Association – for the names and addresses of suitably experienced and qualified tree removal or pruning contractors
Arbitrators' and Mediators' Institute of New Zealand Inc – email them for names, addresses and areas of expertise of trained arbitrators and mediators: [email protected]
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