The Environment Court published its decision on Friday (20th May) on its interpretation of the wording 'tree or groups of trees specifically identified in a plan or proposed plan' as stated in the amended RMA regarding tree protection rules (section 76).  Waitakere and North Shore City Councils and the Auckland Regional Council had applied to the Court in September last year for a declaratory judgement on this matter.

The Environment Court has found that councils can retain existing general tree protection rules in specified areas in the District Plan, or just for particular species of trees in those areas, whether those areas are ecological areas, residential or other specifically identified areas.  In this instance, the Court found in favour of North Shore and Waitakere City Council's existing District Plans where there are many such areas specified.  There are also similar areas, such as pohutukawa clad coastline, in the old Auckland City area, which will retain general tree protection rules.

This decision has huge implications, as it means that now there will be large areas of the Auckland region (and in other parts of New Zealand) where trees will not have to be scheduled in order to retain general tree protection.  It also means that the new Auckland Council has the potential to create new similar areas, where appropriate, and with consultation, for its soon to be developed Unitary Plan (the new Auckland wide District Plan).

Back to news...