Methods for protecting vegetation, including groups of trees

Describing a group of trees

As different groups of trees will have differing characteristics (such as species type, distance between trees, and name of group, eg, Rimu Grove), the level of detail needed for the purpose of satisfying section 76(4B)(c)(i) will vary on a case-by-case basis. Accordingly, the level of detail in the description of any group of trees should be tailored so the trees to be protected can be easily identified, particularly by landowners.

Factors which may be used as part of a description of a group of trees can include:

• a list of the different tree species (common and scientific) being protected within the group
• a visual characterisation of the trees to be protected within the group, including any size parameters – for example, to capture or exclude undergrowth and/or saplings
• other matters that might be relevant, such as whether or not the trees include or exclude any planted or naturally occurring trees
• if the trees are contained on more than one urban environment allotment, confirmation whether the trees are considered to be either a cluster, a grove, or a line.

Identifying allotments by street address and/or legal description

Sections 76(4A)(b) and 76(4B)(c)(ii) require that a schedule used to protect trees must identify the allotment(s) where the trees are located by street address and/or legal description of the land. Where a group of trees traverses adjacent urban allotments, those allotments may be identified in the schedule together (eg, 5–15 Queen Street), rather than separately (eg, 5 Queen Street, 7 Queen Street ... 15 Queen Street), as long as it is clear which properties that group of trees are located on.

If a tree is on a boundary between two urban allotments, this should be noted in the schedule as the tree would be ‘located’ on both properties. This does not apply where the branches of a tree located on one allotment overhang into a neighbouring allotment.

Protecting trees in urban environment allotments within areas of significant indigenous vegetation and significant habitats of indigenous fauna

The amendments to section 76 do not detract from the requirement of territorial authorities to protect areas of significant indigenous vegetation and significant habitats of indigenous fauna pursuant to section 6(c) of the RMA, or detract from the functions of regional and district councils to maintain indigenous biological diversity pursuant to sections 30 and 31 respectively.

Sections 76(4A)–76(4D) do not prevent trees within an area of significant indigenous vegetation or a significant habitat of indigenous fauna from being protected by a rule in a district plan. In the unlikely event that an area of significant indigenous vegetation or a significant habitat of indigenous fauna to be protected is located on an urban environment allotment or allotments as defined by the RMA, sections 76(4A)–76(4D) will apply. These sections require the protection to be done in a certain way, via district rules that sufficiently identify and describe (either individually or collectively) the trees protected in the urban environment in a schedule to the plan.

Differentiating trees from other forms of vegetation

Numerous district plans and regional plans contain provisions relating to the protection of ‘vegetation’, including rules that restrict vegetation clearance. As trees are a type of vegetation, these rules could inadvertently promote or provide blanket tree protection. For example, any rule that restricts vegetation clearance in an urban zone is likely to be contrary to sections 76(4A)–76(4D) unless the trees are satisfactorily identified and described in a schedule to the plan. Therefore, territorial authorities should review their plans to ensure that any vegetation protection provisions in urban environments comply with the requirements of section 76(4A–4D).

Where existing vegetation protection provisions may amount to blanket tree protection, the plan should be amended to ensure the rules conform to the requirements of section 76(4A–4D). This could be achieved by amending the plan to:

• exclude trees within urban environment allotments from the rules
• identify and describe the trees to be protected in a schedule to the plan, in accordance with section 76(4A–4D).

Protecting trees in regional plans

Sections 76(4A)–76(4D) do not apply to regional plans. However, the ability for regional plan rules to protect trees is constrained by the statutory requirements for preparing those rules set out in sections 31–32 and sections 63–70 of the RMA.