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Local Government Act 1974

Sewerage and stormwater drainage by territorial authorities - Drain protection and protective works

468: Tree roots obstructing public drains

You could also call this:

"What to do if tree roots from your land block public drains"

Illustration for Local Government Act 1974

If you have a tree on your land, the council can ask you to cut it down if its roots are blocking a public drain. The council will send you a notice in writing to do this. You might get this notice if the council thinks the tree's roots will soon block the drain.

If you get this notice, you have 10 days to go to the District Court to ask them to cancel it. The court will then decide if the notice should be cancelled or not.

If the court does not cancel the notice, you must cut down the tree or the part of it that is blocking the drain within one month. If you do not do this, you can be fined $5 for every day you do not comply. The council can also send someone to cut down the tree and you will have to pay for this work.

The cost of cutting down the tree will be a charge on your land. This means you will have to pay this cost when you sell your land. The council can also cut down the tree if it is causing danger to people, property, or roads.

When the law says "cut down" a tree, it means cutting it down and making sure it does not grow back. This can be done by cutting the tree and its roots, or by using chemicals to stop it growing.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421258.

Topics:
Government and voting > Local councilsHousing and property > Land use
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Part 26Sewerage and stormwater drainage by territorial authorities
Drain protection and protective works

468Tree roots obstructing public drains

  1. The council may, by notice in writing under the hand of the chairman or the principal administrative officer, require the occupier or, in any case where there is no occupier, the owner of any land within the district to cut down or remove any tree on that land, or any specified part of any such tree, the roots of which in the opinion of the council enter or are likely to enter any public drain.

  2. Within 10 days after service of the notice, the occupier or owner, as the case may be, may apply to the District Court for an order setting aside the notice.

  3. On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.

  4. In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence and is liable on conviction to a fine not exceeding $5 for every day during which the failure has continued, and the council, by its officers, or agents, may enter on the land and do that act and recover the cost from him.

  5. The said cost shall be a charge upon the land.

  6. The council may remove, cut down, or grub up, as the case may be, any tree to which subsection (1) applies, or, as the case may be, any specified part of any such tree, after the giving of oral notice by the principal administrative officer or other authorised officer of the council to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) and had not been set aside by the District Court.

  7. For the purposes of this section the term cut down means cutting down and keeping cut down or removing or controlling by chemical means the stem and roots of any tree so as to prevent its throwing out any leaf, offshoot, or flower.

Notes
  • Section 468: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
  • Section 468(1): amended, on , pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
  • Section 468(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 468(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 468(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 468(6): amended, on , pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).