Notable Tree
A tree that has been identified by the council as having special ecological, amenity, cultural, or historical value and is protected under the district plan.
What is a Notable Tree?
Many councils in New Zealand maintain a schedule of notable or significant trees in their district plans. These trees are protected because of their size, age, species rarity, ecological value, or cultural significance. The protection typically means you cannot remove, prune, damage, or carry out work within the root zone of the tree without resource consent.
Notable tree rules can significantly affect what you can do on your property. The tree's root protection zone may extend well beyond the canopy drip line, restricting where you can build, excavate, or even park heavy vehicles. Work near the roots of a protected tree often requires an arborist's assessment.
If a notable tree is on your property, you're generally responsible for its maintenance โ though some councils offer financial assistance for significant maintenance costs. If the tree is on a neighbouring property, its root protection zone may still affect your land.
In Auckland, the rules changed significantly with the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021, which removed blanket tree protection in urban areas. However, individually scheduled notable trees remain protected.
Why It Matters for Due Diligence
A notable tree on or near a property can restrict building options, increase maintenance costs, and affect enjoyment of outdoor spaces. Before buying, check whether any notable trees are on the property or adjacent to it, and understand the extent of the root protection zone.
If you have plans to build or extend, a notable tree in the wrong location could make your project significantly more expensive or even impossible without relocating the building footprint.
How to Check
Check the district plan's notable tree schedule and planning maps (available online from the council). The LIM report should also note any scheduled notable trees on the property. Use the council's GIS viewer to check for protected trees on neighbouring properties that might affect your site.
If a notable tree is present, consider engaging an arborist to assess its condition and define the root protection zone.
Frequently Asked Questions
Can I remove a notable tree from my property?
Only with resource consent, and it's rarely granted. You'd typically need to demonstrate the tree is a genuine safety hazard or is dying. Unauthorised removal of a notable tree can result in prosecution and substantial fines.
Who pays if a notable tree on my property needs maintenance?
Generally the property owner is responsible. However, some councils offer financial assistance for significant maintenance work on scheduled trees. Contact your council's arborist or parks team to discuss support options.
Related Terms
District Plan
GlossaryThe local council's rulebook that sets out how land in the district can be used, developed, and subdivided.
Resource Consent
GlossaryPermission from the local council to carry out an activity that affects the environment, required under the Resource Management Act 1991.
LIM Report
GlossaryA Land Information Memorandum โ an official council report summarising everything the council knows about a property.
Heritage Listing
GlossaryA council classification that identifies and protects buildings, structures, or places of historic, cultural, or architectural significance.
Zoning
GlossaryCouncil rules that classify land into zones and control what activities and types of buildings are allowed in each area.
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