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Protecting Heritage Trees

During June 2007, a public debate erupted in Hamilton about the protection of trees.  What gave rise to the debate was the felling of trees by a developer in the middle of the night on a historically significant Hamilton location.  Debate centred on the tension between a landowner’s freedom to fell trees at will and the degree of heritage protection that should be afforded to significant trees.  It is the role of District Councils to determine the degree of heritage protection afforded to trees.

Tree Register

Like Hamilton, Whangarei District Council’s policy on heritage protection protects some trees through its District Plan.  The plan includes a schedule of heritage trees in Appendix 2, with Chapter 59 setting out when resource consent is required to trim, fell, or undertake activities within the drip line of any tree listed in this schedule.  The schedule currently protects approximately 350 trees located on private property, and also protects all trees on road reserves or Council reserves that are over a specified height or girth.  Trees not on the schedule are not protected.  The trees felled in Hamilton were not on the Register and the Hamilton City Council, if it had known and taken issue with the felling, would have been powerless to prevent their destruction.  This would also be the case in Whangarei. 

Councils within the greater Auckland region including Manukau City, Waitakere City, Rodney, and North Shore City have a far less relaxed regime.  These Councils place severe restrictions on what landowners can, and more specifically cannot do, with trees on their property.  In the greater Auckland region, a schedule of notable trees exists together with a general tree protection policy that protects trees which meet certain size criteria.

Two categories of trees are protected by the general tree protection policy in Auckland.  The first category is exotic trees over 8 metres in height or girth of greater than 800mm and the second is New Zealand native trees over 6 metres in height or girth of greater than 600mm.  The situation in Hamilton could not have occurred in Auckland or the greater Auckland region. 

Protecting Trees

New trees can be placed on the register by agreement with private owners.  For those Councils that operate a register such as the Whangarei District Council, an aborist’s assessment is required before the tree can be listed.  This involves assessing the tree against a set of criteria contained in schedule 14A of the district plan so it can be categorised.  These categories include the size of the tree, the importance of position, presence of other trees, occurrence of the species, role and location of setting, usual life expectancy, form (overall appearance), scientific, historical, cultural, functional, ecological value, and stand landscape value (in relation to stands of trees).  If a tree meets the criteria then a landowner can choose to protect it under the district plan.  A member of the public can also nominate a tree for protection. However, the Council cannot have the tree assessed unless the landowner gives their approval for this to happen.  The only other option is to covenant trees for protection on certificates of title.

Why protect trees?

Trees are valued for the character and amenity they bring to an area.  They serve as reminders of past generations and their achievements, and provide a sense of continuity and identity for the community.  This is particularly so in urban areas that are faced with continuous demand for intensive land development.  Trees can have a number of positive effects on the environment, including a heritage and natural environmental legacy we leave for future generations.  Identifying individual trees or stands of trees that are significant by listing them within the district plan results in greater public awareness of the importance of the trees and provides increased opportunities for management and protection of heritage and amenity values.

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