Tree protection 2012

The RMA amendments regarding tree control came into force on 1 January 2012. Fortunately the Environment Court reversed many aspects of the RMA amendments and many of our pohutukawa and bush clad reserve fringes remain protected. [As at Dec 2012, they are now under threat again as the government is proposing to amend the RMA again to reverse the Court's decision]

If you want guidelines on how the new rules are to be interpreted, please see the attached document Changes to Tree Rules – Auckland Council December 2011

The rules are complex and people should always check with Council before they make any moves to trim or remove a tree.

Here also for your information is an article by Hueline Massey of the Tree Council which was forwarded to me in December,

TREE PROTECTION IN AUCKLAND FROM 1 JAN 2012

The Tree Council is very concerned that the information given to your readers in Wayne Thompson's article "Court shield saves 800 trees from chainsaw" published on Wednesday 21st gives a confusing picture of the new tree protection regime within the expanded Auckland Council area.

We feel a simpler outline of the situation is required so have written some necessary information for your readers regarding tree protection in our urban environment:

SCHEDULED TREES:

Scheduled trees have the highest form of protection within a District Plan and are usually only the very best examples of individual trees or significant groups of trees. These trees are all assessed on stringent criteria and must reach a set mark before being accepted for nomination.

There were approximately 5400 trees (single or groups) submitted to Council for consideration and assessment for nomination for addition to the Schedules of Notable Trees in the District Plans of the seven former Councils.

Of those, 1819 were assessed as being worthy of progressing to nomination to the Schedules of Notable Trees.

These nominations have been put forward by Auckland Council in the Proposed Plan Changes to six relevant District Plans (North Shore City Council did their Plan Change in the middle of 2011), and recently advertised in all local papers.

A recent Environment Court decision protects all 1819 trees, that have been listed in the Proposed Plan Changes from any "felling, damage or removal of any tree or group" until a final decision is made on the tree's inclusion in the appropriate Schedule of Notable Trees.

Any person who nominated a tree(s) for addition to the Schedule of Notable Trees, or on whose property a nominated tree(s) is growing, have been informed by Auckland Council of the Proposed Plan Change process and how they can participate in it if desired. These Proposed Plan Changes will be deliberated during the first half of 2012 with final decisions being issued as and when they are ready. It is hoped the full process will be completed by August 2012.

OTHER FORMS OF TREE PROTECTION:

Most importantly there are other areas of general tree protection which will remain in place throughout the whole Auckland Council area from the 1st January 2012. These are:

Trees in areas where there is an additional level of protection relating to trees such as 'cliffline tree amenity areas', significant ecological areas, riparian margins and others.

Trees that are protected by a consent notice or covenant on the property title.

Trees that were protected or planted as a condition of a resource consent.

All Auckland sites which do not have either a building, or reticulated water or sewerage.

All sites over 4000m2.

An Environment Court ruling early in 2011 clarified that various trees "specifically identified" in a District Plan,even though not scheduled, will have continued protection after 1st January 2012. These trees are in specific zones (see below) where the old rules will be retained because they support the objectives of the zone.

General tree protection rules will still apply to trees in the Hauraki Gulf Islands, the Waitakere Ranges and in parts of all former city and district council areas including much of Rodney and North Shore.

Because of the complexity of these rules residents are well advised to contact Auckland Council Helpline

09 301 0101 to check whether your area still has tree protection rules in place before contemplating any form of tree work. Auckland Council also has published much relevant material on their website www.aucklandcouncil.govt.nz <http://www.aucklandcouncil.govt.nz/> for greater clarity.

An abbreviated version of the 'zones' that will retain tree protection are:

Auckland Isthmus Residential Zones 1 to 4

Manukau Residential Zone 4

North Shore Residential Zones 1 to 6

Papakura Residential zone 4

Rodney All residential zones except the 'Residential High Intensity Zone'

Waitakere General Natural Areas on Natural Area Maps within the Bush Living and Waitakere Ranges human environment zones where these zones are within the Metropolitan Urban Limits of the Waitakere Ranges Local Board.

PLEASE CHECK YOUR OWN LIVING ZONE BEFORE DOING ANY TREE WORK.

Auckland Council has worked hard to bring some semblance of order and recognition of the protection formerly granted within the seven District Plans while still acknowledging the changes demanded by the Government changes to the RMA in 2009. It has been a difficult and fraught journey for all those involved.