Electricity (Hazards from Trees) Regulations 2003
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Version as at 23 July 2026
Electricity (Hazards from Trees) Regulations 2003
(SR 2003/375)
Dame Sian Elias, Administrator of the Government
Order in Council
At Wellington this 15th day of December 2003
Present:
Her Excellency the Administrator of the Government in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Pursuant to section 169 of the Electricity Act 1992, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
Regulations
1 Title
These regulations may be cited as the Electricity (Hazards from Trees) Regulations 2003.
2 Commencement
These regulations come into force on the 28th day after the date of their notification in the Gazette.
3 Purpose
The purpose of these regulations is to protect the security of the supply of electricity, and the safety of the public, by—
(a)
prescribing spaces surrounding electrical conductors within which trees must not encroach; and
(b)
setting rules about who has responsibility for cutting or trimming trees that encroach on electrical conductors; and
(c)
assigning liability if those rules are breached; and
(d)
providing an arbitration system to resolve disputes between works owners and tree owners about the operation of these regulations.
Regulation 3(a): amended, on 17 October 2024, by regulation 4 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
4 Interpretation
(1)
In these regulations, unless the context otherwise requires,—
Act means the Electricity Act 1992
amenity value, in relation to a tree, means the natural and physical qualities and characteristics of the tree that—
(a)
contribute to people’s appreciation of the tree or the area in which that tree is situated; or
(b)
provide desired shelter or desired screening to a property adjoining the property on which the tree is situated
arbitrator means an arbitrator appointed under regulation 29
conductor means any wire or cable used or placed in position for the conveyance of electricity; but does not include the wire of any electric fence
cut-back zone, in relation to a conductor, means the space that extends no more than 1 metre beyond the growth limit zone for the conductor
cut or trim notice means a notice given under regulation 9
dispensation zone, in relation to the space surrounding a conductor, means the space within the growth limit zone into which a tree may encroach to the distance specified by a works owner or arbitrator in a dispensation
district plan has the same meaning as in section 2(1) of the Resource Management Act 1991
forest land—
(a)
means an area of land of at least 1 hectare that has, or is likely to have, tree crown cover from forest species of more than 30% in each hectare; and
(b)
includes an area of land that temporarily is not an area of land to which paragraph (a) applies because of human intervention or natural causes but that is likely to revert to an area of land to which that paragraph applies; but
(c)
excludes—
(i)
a shelter belt of forest species where the tree crown cover has, or is likely to have, an average width of less than 30 metres; or
(ii)
an area of land (other than an area of land that is contiguous with an area of land to which paragraph (a) or (b) applies) where the forest species have, or are likely to have, a tree crown cover of an average width of less than 30 metres
forest species means a tree species capable of reaching at least 5 metres in height at maturity in the place where it is located
growth limit zone, in relation to a conductor, has the meaning set out in Schedule 2 that applies to the conductor
hazard warning notice means a notice given under regulation 7
hazard warning notice zone, in relation to a conductor, means the space that extends no more than 2 metres beyond the growth limit zone for the conductor
insulated, in relation to conductors, means that the conductors are covered with insulation in such a manner that a person may safely handle them when they are live
low-height planting zone, in relation to a conductor that is on unforested land outside an urban area, means the space that extends horizontally no more than 24 metres from a vertical plane drawn from any point on the conductor
no-interest tree notice means a notice given under regulation 15
protected tree means a tree that is subject to clearance or pruning restrictions under a district plan
shelter belt means 1 or more rows of trees planted to protect arable, pastoral, or horticultural land (including animals and crops) from the effects of weather conditions
span means the length of conductor between any 2 consecutive supports of that conductor
tree includes any tree, shrub, or plant, or any part of a tree, shrub, or plant; and trees has a corresponding meaning
treefall hazard notice has the meaning given in regulation 11A
treefall hazard zone, in relation to a conductor, means the space that extends horizontally no more than 24 metres beyond the growth limit zone for the conductor
unforested land means land that is not forest land
urban area—
(a)
means an area identified in a district plan or proposed district plan as being zoned primarily for residential, industrial, or commercial activities, together with adjoining special-purpose and open-space zones, however described; but
(b)
does not include an area identified in a district plan or proposed district plan as being zoned primarily for rural or rural-residential activities, however described
works has the same meaning as in section 2(1) of the Act
works owner means the owner of any works.
(2)
For the purposes of these regulations, any distance stated in respect of a hazard warning notice zone, cut-back zone, treefall hazard zone, low-height planting zone, growth limit zone, or dispensation zone that is applicable to a conductor must be measured on a basis that takes into account maximum design sag.
Regulation 4(1) cut-back zone: inserted, on 17 October 2024, by regulation 5(1) of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 4(1) cut-back zone: amended, on 23 July 2026, by regulation 4(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) cut-back zone: amended, on 23 July 2026, by regulation 4(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) district plan: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) forest land: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) forest species: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) growth limit zone: replaced, on 17 October 2024, by regulation 5(2) of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 4(1) hazard warning notice zone: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) low-height planting zone: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) notice zone: revoked, on 23 July 2026, by regulation 4(4) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) protected tree: inserted, on 17 October 2024, by regulation 5(1) of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 4(1) protected tree: amended, on 23 July 2026, by regulation 4(5) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) shelter belt: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) treefall hazard notice: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) treefall hazard zone: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) unforested land: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(1) urban area: inserted, on 23 July 2026, by regulation 4(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(2): amended, on 23 July 2026, by regulation 4(6) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(2): amended, on 23 July 2026, by regulation 4(7) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 4(2): amended, on 17 October 2024, by regulation 5(4) of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
4A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Regulation 4A: inserted, on 17 October 2024, by regulation 6 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Part 1 Control of trees
Subpart 1—Requirement to publish information
Subpart 1 heading: inserted, on 23 July 2026, by regulation 5 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
General notice requirement[Revoked]
Heading: revoked, on 23 July 2026, by regulation 5 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
5 Publication on Internet site of certain dangers, growth limit zones, etc
(1)
A works owner must, at intervals of no more than 12 months, publicly disclose and publish the following information on an appropriate internet site:
(a)
a general description of the dangers posed by contact between trees and live conductors:
(b)
an explanation of the hazard warning notice zone, cut-back zone, treefall hazard zone, low-height planting zone, and growth limit zone for conductors (as those zones are defined in these regulations):
(c)
a general description of the dangers of cutting, trimming, or removing trees in the vicinity of live conductors:
(d)
a list of the offences specified in regulation 26 that may be committed by tree owners and the penalties that may be imposed for committing any of those offences.
(2)
An appropriate internet site is an internet site that is administered by or on behalf of the works owner, and that is publicly available as far as practicable and free of charge.
Regulation 5: replaced, on 23 July 2026, by regulation 6 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Subpart 2—Trees encroaching hazard warning notice zones
Subpart 2 heading: inserted, on 23 July 2026, by regulation 7 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Trees encroaching notice zones[Revoked]
Heading: revoked, on 23 July 2026, by regulation 7 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
6 Notification of trees encroaching hazard warning notice zone
(1)
If a works owner becomes aware of a tree encroaching the hazard warning notice zone but not the growth limit zone in respect of a conductor belonging to that works owner, that works owner may give a hazard warning notice to the tree owner.
(2)
A hazard warning notice must be given in accordance with regulation 7.
Regulation 6 heading: amended, on 23 July 2026, by regulation 8(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 6(1): amended, on 23 July 2026, by regulation 8(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
7 Hazard warning notice
(1)
The purpose of a hazard warning notice is to warn a tree owner that a tree encroaches a hazard warning notice zone and must not encroach a growth limit zone.
(2)
A hazard warning notice must be in writing and be given in the manner required by regulation 23.
(3)
A hazard warning notice must contain—
(a)
a general description of the dangers posed by contact between trees and live conductors; and
(aa)
a general description of the dangers of cutting, trimming, or removing trees in the vicinity of live conductors; and
(b)
an explanation of—
(i)
the hazard warning notice zone, cut-back zone, and growth limit zone for the conductor to which the notice relates; and
(ii)
if the conductor is outside an urban area, the low-height planting zone for the conductor; and
(c)
sufficient information to fairly inform the tree owner of the location and identity of the tree; and
(d)
a statement that, if the tree encroaches the growth limit zone, a cut or trim notice may be given to the tree owner, unless regulation 8(4) applies; and
(e)
a statement that the tree owner may give a no-interest tree notice to the works owner under regulation 15, unless—
(i)
the conductor is on unforested land outside an urban area; and
(ii)
the tree was planted on or after 23 July 2027 within the low-height planting zone in contravention of regulation 11J; and
(f)
a statement that the tree owner may apply to the works owner, within the time limit set out in regulation 19, for a dispensation from cutting or trimming the tree, unless—
(i)
the conductor is on unforested land outside an urban area; and
(ii)
the tree was planted on or after 23 July 2027 within the low-height planting zone in contravention of regulation 11J; and
(g)
a statement that the tree owner may apply to an arbitrator, within the time limits set out in regulation 22, if the dispensation is not granted or the tree owner disagrees with the terms of the dispensation; and
(h)
a list of the offences specified in regulation 26(1) that may be committed by a tree owner and the penalties that may be imposed for committing any of those offences; and
(i)
a summary of the tree owner’s liabilities specified in regulation 28; and
(j)
a list of the names, addresses, and other contact details of all arbitrators appointed under regulation 29.
Regulation 7(1): amended, on 23 July 2026, by regulation 9(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 7(3): amended, on 23 July 2026, by regulation 9(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 7(3)(a): replaced, on 23 July 2026, by regulation 9(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 7(3)(aa): inserted, on 23 July 2026, by regulation 9(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 7(3)(b): replaced, on 23 July 2026, by regulation 9(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 7(3)(e): replaced, on 23 July 2026, by regulation 9(4) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 7(3)(f): replaced, on 23 July 2026, by regulation 9(4) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Subpart 3—Trees encroaching growth limit zones
Subpart 3 heading: inserted, on 23 July 2026, by regulation 10 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Trees encroaching growth limit zones[Revoked]
Heading: revoked, on 23 July 2026, by regulation 10 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
8 Notification of trees encroaching growth limit zone
(1)
[Revoked](2)
If a works owner becomes aware of a tree encroaching the growth limit zone in respect of a conductor belonging to that works owner, that works owner must give a cut or trim notice to the tree owner.
(3)
A cut or trim notice must be given in accordance with regulation 9.
(4)
Despite subclause (2), if a conductor to which that subclause would otherwise apply is on land administered by any person under the Conservation Act 1987, or any of the Acts set out in Schedule 1 of that Act that regulate the use of land,—
(a)
a cut or trim notice must not be issued to the tree owner:
(b)
the tree owner is not under any obligation to cut or trim the tree:
(c)
the works owner must, within 3 months of becoming aware that the tree encroaches the growth limit zone and at the works owner’s expense, ensure that the tree is cut or trimmed to ensure that the tree ceases to encroach the growth limit zone.
(5)
A works owner is not required to comply with subclause (4)(c) if the works owner has taken reasonable steps to comply with that subclause but is unable to comply because of—
(a)
the requirements of any Act; or
(b)
the refusal of the tree owner to—
(i)
allow the works owner access to the tree; or
(ii)
permit its cutting or trimming.
Regulation 8(1): revoked, on 23 July 2026, by regulation 11(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 8(2): amended, on 23 July 2026, by regulation 11(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 8(4): amended, on 23 July 2026, by regulation 11(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
9 Cut or trim notice
(1)
The purpose of a cut or trim notice is to notify a tree owner that a tree encroaches a growth limit zone and must be cut or trimmed.
(2)
A cut or trim notice must be in writing and be given in the manner required by regulation 23.
(3)
A cut or trim notice must contain—
(a)
an explanation of the growth limit zone and the cut-back zone for the conductor to which the notice relates; and
(b)
sufficient information to fairly inform the tree owner of the location and identity of the tree; and
(c)
the time limits within which the tree owner must cause the tree to be cut or trimmed as determined by regulation 10(1) or, if the works owner wishes to exercise the power conferred by regulation 11(3), a statement of the intention of the works owner to cut or trim the tree; and
(d)
an explanation of the works owner’s obligations; and
(e)
a statement that the tree owner may give a no-interest tree notice to the works owner within the time limit set out in regulation 15, unless—
(i)
the conductor is on unforested land outside an urban area; and
(ii)
the tree was planted on or after 23 July 2027 within the low-height planting zone in contravention of regulation 11J; and
(f)
a statement that the tree owner may apply to the works owner, within the time limit set out in regulation 19 for a dispensation from cutting or trimming the tree, unless—
(i)
the conductor is on unforested land outside an urban area; and
(ii)
the tree was planted on or after 23 July 2027 within the low-height planting zone in contravention of regulation 11J; and
(g)
a statement that the tree owner may apply to an arbitrator, within the time limits set out in regulation 22, if the dispensation is not granted, or the tree owner disagrees with the terms of the dispensation; and
(h)
a list of the names, addresses, and other contact details of all arbitrators appointed under regulation 29; and
(ha)
if the works owner is Transpower or a distributor,—
(i)
a statement that the tree owner may make a complaint concerning the works owner to a dispute resolution scheme referred to in section 95 of the Electricity Industry Act 2010; and
(ii)
a list of the names, addresses, and other contact details of each dispute resolution scheme of that kind to which the tree owner may make a complaint; and
(i)
where the works owner is an electricity operator, a statement that the tree owner must, at least 3 working days before the tree is cut or trimmed, advise the works owner of the time and location of the cutting or trimming of the tree; and
(j)
a list of the offences specified in regulation 26(1) that may be committed by a tree owner and the penalties that may be imposed for committing any of those offences; and
(k)
a summary of the tree owner’s liabilities specified in regulation 28.
Regulation 9(3)(a): replaced, on 23 July 2026, by regulation 12(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 9(3)(e): replaced, on 23 July 2026, by regulation 12(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 9(3)(f): replaced, on 23 July 2026, by regulation 12(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 9(3)(ha): inserted, on 23 July 2026, by regulation 12(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
10 Cutting of trees encroaching growth limit zone
(1)
A tree owner who is given a cut or trim notice must cause the tree to which the notice relates to be cut or trimmed so that it does not encroach the cut-back zone for the conductor to which the notice relates.
(2)
A tree owner must cause the tree to which the notice relates to be cut or trimmed within the following time limits:
(a)
if the tree owner received a cut or trim notice within 3 months after receiving a hazard warning notice, no later than—
(i)
10 working days after the date on which the tree owner received the cut or trim notice, if the tree is able to grow at least 1 metre in 1 month in the climatic conditions prevailing in the area where the tree is located; or
(ii)
25 working days after the date on which the tree owner received the cut or trim notice, if subparagraph (i) does not apply to the tree; or
(b)
if an arbitrator has made a decision under regulation 31, and the arbitrator specifies a time limit within which the tree must be cut or trimmed, that time limit; or
(c)
in any other case, no later than 45 working days after the date on which the tree owner received the cut or trim notice.
Guidance note
See regulation 23(5) for when the notice is to be treated as having been received by the tree owner.
(3)
A tree owner who is given a cut or trim notice by a works owner must, at least 3 working days before the tree is cut or trimmed, advise the works owner of the time and location of the cutting or trimming of the tree.
(4)
This regulation is subject to regulation 11(3).
Guidance note
See also regulation 12, which sets out the tree owner’s responsibilities relating to the removal of any resulting debris that falls on adjoining land if the tree owner is required to cause the tree to be cut or trimmed.
Regulation 10(1): amended, on 17 October 2024, by regulation 10 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 10(2) guidance note: inserted, on 23 July 2026, by regulation 13(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 10(4) guidance note: inserted, on 23 July 2026, by regulation 13(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11 Costs of first cut or trim and removal of debris
(1)
This regulation applies to a tree owner and a works owner if—
(a)
the works owner gives a cut or trim notice in respect of a tree to the tree owner; and
(b)
the tree has not previously been the subject of a cut or trim notice under these regulations; and
(c)
the tree was not, before the commencement of these regulations, subject to the Trees (Electric Lines) Regulations 1986; and
(d)
the tree is not the subject of an agreement between the works owner and the tree owner under which the works owner has already met those costs; and
(e)
the tree is not the subject of a no-interest tree notice given under regulation 15.
(2)
The works owner must meet the reasonable costs of the cutting or trimming referred to in the cut or trim notice (whether undertaken by the tree owner under regulation 10 or by the works owner under subclause (3)).
(2A)
However, the works owner is not required to meet those costs if—
(a)
the tree owner has refused to consent to the works owner entering the tree owner’s property to exercise the works owner’s power under subclause (3) to cut or trim the tree; or
(b)
the tree—
(i)
is within the low-height planting zone of a conductor belonging to a works owner that is on unforested land outside an urban area; and
(ii)
was planted on or after 23 July 2027 in contravention of regulation 11J or was naturally sown.
(3)
The works owner may cut or trim the tree to the extent necessary to ensure that it does not encroach the cut-back zone, at the works owner’s expense, if—
(a)
the works owner has indicated an intention to cut or trim the tree in the cut or trim notice; and
(b)
the time allowed for the tree owner to apply for a dispensation under regulation 19 or arbitration under regulation 22 has expired; and
(c)
any application for a dispensation under regulation 19 or arbitration under regulation 22 by the tree owner has been determined; and
(d)
the cutting or trimming takes place in accordance with any dispensation or determination of an arbitrator under regulation 20 or 31, as the case requires; and
(e)
in the case where entry on to the tree owner’s property is necessary to effect the cutting or trimming, the works owner obtains the consent of the tree owner to enter the tree owner’s property.
(4)
If a works owner exercises the powers conferred by subclause (3), the works owner must—
(a)
remove or cause to be removed any resulting debris that falls on any adjoining land; or
(b)
ensure that any resulting debris that falls on any adjoining land is tidied or dealt with in such a way that it does not affect the use or enjoyment of the land by its owner or occupier.
(5)
Subclause (4) does not apply if an arbitrator, in proceedings relating to that tree, determines otherwise.
Regulation 11(2): replaced, on 23 July 2026, by regulation 14(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 11(2A): inserted, on 23 July 2026, by regulation 14(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 11(3): amended, on 17 October 2024, by regulation 11 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 11(3)(b): amended, on 23 July 2026, by regulation 14(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 11(3)(c): amended, on 23 July 2026, by regulation 14(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 11(3)(d): amended, on 23 July 2026, by regulation 14(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Subpart 4—Trees identified as posing fall hazard
Subpart 4: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11A Giving of treefall hazard notice
(1)
A works owner may give a tree owner a notice under this subpart (a treefall hazard notice) if—
(a)
the tree is within the treefall hazard zone for a conductor belonging to the works owner; and
(b)
the works owner has assessed, in accordance with Schedule 3, that the tree is a high treefall hazard or a moderate treefall hazard.
(2)
A treefall hazard notice must—
(a)
be in writing; and
(b)
be given in the manner required by regulation 23.
Regulation 11A: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11B Purpose of treefall hazard notice
(1)
The purpose of a treefall hazard notice is to notify a tree owner that—
(a)
a works owner has carried out a treefall hazard assessment, in accordance with Schedule 3, and assessed that a tree within a treefall hazard zone for a conductor belonging to the works owner is a high treefall hazard or a moderate treefall hazard; and
(b)
the tree (excluding its roots) must be removed.
(2)
See regulations 11D and 11E for the effects of the notice.
Regulation 11B: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11C Content of treefall hazard notice
A treefall hazard notice must contain—
(a)
a statement of the purpose of the notice; and
(b)
an explanation of the treefall hazard zone for the conductor to which the notice relates; and
(c)
sufficient information to fairly inform the tree owner of the location and identity of the tree to which the notice relates; and
(d)
a statement that the works owner has assessed that the tree is a high treefall hazard or a moderate treefall hazard (whichever is applicable); and
(e)
an explanation of how the works owner carried out the treefall hazard assessment, and their reasons for assessing that the tree is a high treefall hazard or a moderate treefall hazard; and
(f)
the time limit within which the tree owner must cause the tree to be removed under regulation 11D or, if the works owner wishes to exercise the power under regulation 11E(1), a statement of the intention of the works owner to remove the tree; and
(g)
an explanation of the works owner’s obligations and that, in the case of its obligation under regulation 11F(1) relating to the reasonable costs for which it is liable, the works owner may apply to an arbitrator, within the time limit set out in regulation 11H(4), to determine a dispute between the tree owner and the works owner about those costs; and
(h)
a statement that the tree owner may apply to an arbitrator, within the time limit set out in regulation 11H(2), if the tree owner disagrees with the works owner’s assessment that the tree is a high treefall hazard or a moderate treefall hazard; and
(i)
a list of the names, addresses, and other contact details of all arbitrators appointed under regulation 29; and
(j)
if the works owner is Transpower or a distributor,—
(i)
a statement that the tree owner may make a complaint to a dispute resolution scheme referred to in section 95 of the Electricity Industry Act 2010; and
(ii)
a list of the names, addresses, and other contact details of each scheme of that kind to which the tree owner may make a complaint; and
(k)
a statement that the tree owner may give the works owner a no-interest notice within the time limit specified in regulation 15, unless—
(i)
the conductor is on unforested land outside an urban area; and
(ii)
the tree was planted on or after 23 July 2027 within the low-height planting zone in contravention of regulation 11J; and
(l)
a statement that, at least 3 working days before the tree owner removes the tree or causes it to be removed, the tree owner must advise the works owner of the time and location of that removal; and
(m)
a list of the offences against regulation 26(1A) and (1B) that may be committed by a tree owner and the penalties that may be imposed for committing those offences; and
(n)
a summary of the tree owner’s liabilities specified in regulation 28.
Regulation 11C: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11D General: tree owner must remove tree
(1)
A tree owner who is given a treefall hazard notice must cause the tree to which the notice relates to be removed no later than—
(a)
25 working days after the date on which they receive the notice if it states that the works owner has assessed that the tree is a high treefall hazard; or
(b)
45 working days after the date on which they receive the notice if it states that the works owner has assessed that the tree is a moderate treefall hazard.
Guidance note
See regulation 23(5) for when the notice is to be treated as having been received by the tree owner.
(2)
However, if an arbitrator has specified a time limit within which the tree must be removed in a decision under regulation 31, the tree owner must instead cause the tree to be removed no later than that time limit.
(3)
Despite subclauses (1) and (2), if the tree owner and works owner agree that the tree is to be removed within a time limit that is different to the one applying under either of those subclauses, the tree owner must instead cause the tree to be removed no later than that agreed time limit.
(4)
A tree owner who is given a treefall hazard notice by a works owner must, at least 3 days before the tree is removed, advise the works owner of the time and location of the tree’s removal.
(5)
This regulation does not apply if an arbitrator determines, in proceedings relating to the tree, that the tree is neither a high treefall hazard nor a moderate treefall hazard.
Guidance note
See regulation 12, which sets out the tree owner’s responsibilities relating to the removal of any resulting debris that falls on adjoining land if the tree owner is required to cause the tree to be removed.
Regulation 11D: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11E Works owner may remove tree
(1)
The works owner may remove the tree if—
(a)
the works owner has indicated an intention to remove the tree in the treefall hazard notice; and
(b)
the time allowed for the tree owner to apply for arbitration under regulation 11H has expired; and
(c)
any application of the tree owner for arbitration under that regulation has been determined; and
(d)
the removal of the tree takes place in accordance with any determination of an arbitrator under regulation 31; and
(e)
the works owner obtains the consent of the tree owner to enter the tree owner’s property to remove the tree.
(2)
A works owner is not allowed to remove a tree under this regulation if an arbitrator determines, in proceedings relating to the tree, that the tree is neither a high treefall hazard nor a moderate treefall hazard.
(3)
If a works owner removes a tree under this regulation, the works owner must—
(a)
remove or cause to be removed any resulting debris that falls on any adjoining land; or
(b)
ensure that any resulting debris that falls on any adjoining land is tidied or dealt with in such a way that it does not affect the use or enjoyment of the land by its owner or occupier.
(4)
Subclause (3) does not apply if an arbitrator determines, in proceedings relating to the tree, that it does not apply.
Regulation 11E: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11F Costs of removing tree and debris
(1)
The works owner must meet the reasonable costs of the removal of the tree (whether undertaken by the tree owner under regulation 11D or by the works owner under regulation 11E(1)).
(2)
However, the works owner is not required to meet those costs if—
(a)
the tree owner has refused to consent to the works owner entering on to the tree owner’s property to exercise the works owner’s power under regulation 11E(1) to remove the tree; or
(b)
the tree—
(i)
is within the low-height planting zone of a conductor belonging to a works owner that is on unforested land outside an urban area; and
(ii)
was planted on or after 23 July 2027 in contravention of regulation 11J or was naturally sown; or
(c)
the tree is the subject of an agreement between the works owner and the tree owner under which the works owner has already met the costs of removing the tree.
Regulation 11F: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11G Land administered under Conservation Act 1987, etc
Despite anything in this subpart, both of the following apply if a tree is on land administered by any person under the Conservation Act 1987 or any of the Acts set out in Schedule 1 of that Act that regulate the use of land:
(a)
a works owner must not give a treefall hazard notice to the tree owner:
(b)
the tree owner is not under any obligation to remove the tree.
Regulation 11G: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11H Arbitration
(1)
A tree owner who has been given a treefall hazard notice may apply to an arbitrator to determine a dispute between the tree owner and the works owner about the assessment of the works owner that the tree is a high treefall hazard or a moderate treefall hazard.
(2)
The tree owner may apply to an arbitrator to determine the dispute only if the tree owner applies within 10 working days after receiving the treefall hazard notice.
Guidance note
See regulation 23(5) for when the notice is to be treated as having been received by the tree owner.
(3)
A works owner who has given a treefall hazard notice to a tree owner may apply to an arbitrator to determine a dispute between the tree owner and the works owner about the reasonable costs for which the works owner is liable under regulation 11F(1).
(4)
The works owner may apply to an arbitrator to determine the dispute only if the works owner applies within 3 months after the tree is removed.
(5)
The determination of a dispute by arbitration, or the making of an application to an arbitrator to determine a dispute, does not limit the obligation of a works owner under regulation 14 to undertake, without delay, any work in relation to a tree (including the roots of any tree) that is necessary to remove an immediate danger to persons or property from a conductor.
Regulation 11H: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11I Treefall hazard assessment
Schedule 3 has effect.
Regulation 11I: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Subpart 5—Trees on unforested land outside urban areas
Subpart 5: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11J Planting trees within low-height planting zones
(1)
An owner or occupier of land may plant, or allow another person to plant, a tree that is within the low-height planting zone of a conductor that is on unforested land outside an urban area only if—
(a)
the owner or occupier has reasonable grounds to believe that, at maturity, the height of the tree will measure less than the fall distance between the tree and the conductor; or
(b)
the tree is planted as part of a shelter belt; or
(c)
the land is administered by any person under the Conservation Act 1987 or any of the Acts set out in Schedule 1 of that Act that regulate the use of land.
(2)
In this regulation, fall distance, in relation to a tree and a conductor, means the distance between the base of the tree (at ground level) and the nearest point on a vertical plane drawn from any point on the conductor.
(3)
An owner or occupier of land is not required to comply with this regulation before 23 July 2027.
Guidance note
It is not an offence against these regulations for a person to contravene this regulation. However, see—
regulation 11(2A), under which a works owner is relieved of any obligation under regulation 11 to meet the reasonable costs of cutting or trimming a tree to which a cut or trim notice applies if the tree was planted in contravention of this regulation; and
regulation 11F(2)(b), under which a works owner is relieved of any obligation to meet the reasonable costs of removing a tree to which a treefall hazard notice applies if the tree was planted in contravention of this regulation; and
regulations 14A and 18A, which provide that subpart 7 (no-interest tree notices) and subpart 8 (dispensations arising from hazard warning notices and cut or trim notices) do not apply in relation to a tree planted in contravention of this regulation; and
regulation 28, which relates to the liability of tree owners for costs of remedying damage caused to a conductor in certain circumstances if the tree owner fails to comply with the requirements of these regulations.
Regulation 11J: inserted, on 23 July 2026, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Subpart 6—Debris, underground works, etc
Subpart 6 heading: inserted, on 23 July 2026, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Debris, underground works, etc[Revoked]
Heading: revoked, on 23 July 2026, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
12 Removal of debris after cutting, trimming, or removing trees
(1)
If a tree owner is required by these regulations to cause a tree to be cut, trimmed, or removed, the tree owner must either—
(a)
remove or cause to be removed any resulting debris that falls on any adjoining land; or
(b)
ensure that any resulting debris that falls on any adjoining land is tidied or dealt with in such a way that it does not affect the use or enjoyment of the land by its owner or occupier.
(2)
Subclause (1) does not apply if an arbitrator, in proceedings relating to that tree, determines otherwise.
Regulation 12 heading: amended, on 23 July 2026, by regulation 17(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 12(1): amended, on 23 July 2026, by regulation 17(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
13 Underground works
In order to permit the safe repair or operation of an underground conductor, a works owner may sever and remove any tree roots that are within 0.5 metres of that conductor.
14 Obligation to remove danger to persons or property from trees damaging conductors
(1)
A works owner must, without delay, undertake any work in relation to a tree (including the roots of that tree) if the works owner becomes aware that there is immediate danger to persons or property from a conductor because—
(a)
the tree has come into contact with, or constitutes a serious hazard to, that conductor; or
(b)
the tree has caused damage to that conductor and is likely to cause further damage to that conductor.
(2)
Subclause (1)—
(a)
has effect despite—
(i)
any application for a dispensation under regulation 19 that is pending; or
(ii)
any arbitration that is not determined under regulation 31; or
(iii)
any cut or trim notice or treefall hazard notice that specifies a time by which a tree must be cut, trimmed, or removed and that has not expired; but
(b)
does not override any Act.
(3)
For the purposes of subclause (1), the works owner may cut or trim the tree to the extent necessary to remove the danger but, if the works owner wishes to cut or trim the tree so that it no longer encroaches the cut-back zone, the works owner must obtain the consent of the tree owner.
(4)
The works owner is responsible for the removal of debris produced as a result of the cutting, trimming, or removal of the tree.
(5)
A tree owner is liable for the direct costs of a works owner in undertaking any work in accordance with subclause (1) if the tree owner has failed to comply with a cut or trim notice or a treefall hazard notice relating to the tree.
(6)
The direct costs must be reasonable and may include—
(a)
the costs of ensuring that any work in cutting, trimming, or removing the tree is carried out safely; and
(b)
the costs of any isolation or earthing operation that is necessary; and
(c)
the costs of the removal of any debris; and
(d)
the costs of remedying any damage to works, where that damage arises (whether directly or indirectly) out of a tree owner’s failure to comply with the requirements of these regulations.
(7)
A works owner may recover any amount payable under subclause (5) as a debt due to the works owner.
(8)
Subclauses (5) to (7) do not apply to a tree owner if the tree is on land administered by any person under the Conservation Act 1987, or any of the Acts set out in Schedule 1 of that Act that regulate the use of land.
Regulation 14(2)(a)(i): amended, on 23 July 2026, by regulation 18(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 14(2)(a)(ii): amended, on 23 July 2026, by regulation 18(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 14(2)(a)(iii): replaced, on 23 July 2026, by regulation 18(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 14(3): amended, on 23 July 2026, by regulation 18(4) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 14(3): amended, on 17 October 2024, by regulation 12 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 14(4): amended, on 23 July 2026, by regulation 18(5) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 14(5): replaced, on 23 July 2026, by regulation 18(6) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 14(6)(a): amended, on 23 July 2026, by regulation 18(7) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Subpart 7—No-interest tree notices
Subpart 7 heading: inserted, on 23 July 2026, by regulation 19 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
14A Subpart not applicable to certain trees
This subpart does not apply in relation to any tree that, in contravention of regulation 11J, was planted on or after 23 July 2027 within the low-height planting zone of a conductor that is on unforested land outside an urban area.
Regulation 14A: inserted, on 23 July 2026, by regulation 19 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
No-interest tree notices[Revoked]
Heading: revoked, on 23 July 2026, by regulation 19 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
15 No-interest tree notice
(1)
An owner or occupier of any land on which a tree is growing may give a no-interest tree notice to a works owner if subclause (2), subclause (3), or subclause (4) applies.
(2)
Subclause (1) applies if—
(a)
the tree was naturally sown in the vicinity of an existing works; and
(b)
the tree encroaches or may encroach the hazard warning notice zone or growth limit zone in respect of a conductor belonging to the works owner; and
(c)
that conductor is situated on the land on which the tree is growing, or on the adjoining land.
(3)
Subclause (1) applies if—
(a)
the tree was planted in the vicinity of an existing works before the commencement of these regulations; and
(b)
at the time of planting, the tree owner believed on reasonable grounds that the tree, when fully grown, would not interfere with any conductor.
(4)
Subclause (1) applies if—
(a)
the tree was planted in the vicinity of an existing works on or after the commencement of these regulations; and
(b)
at the time of planting, the tree owner believed on reasonable grounds that the tree, when fully grown, would not encroach on a growth limit zone.
(5)
An owner or occupier may give a no-interest notice relating to a tree whether or not the owner or occupier has received a hazard warning notice, a cut or trim notice, or a treefall hazard notice relating to the tree.
(6)
However, an owner or occupier must not give a no-interest notice relating to a tree to which a cut or trim notice or a treefall hazard notice relates any later than 10 working days after the date on which the tree owner received the cut or trim notice or the tree fall hazard notice.
Guidance note
See regulation 23(5) for when the notice is to be treated as having been received by the tree owner.
(7)
A no-interest tree notice must be in writing and be given in the manner required by regulation 24.
Regulation 15(2)(b): amended, on 23 July 2026, by regulation 20(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 15(5): replaced, on 23 July 2026, by regulation 20(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 15(6): replaced, on 23 July 2026, by regulation 20(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
16 Purpose and effect of no-interest tree notice
(1)
The purpose of a no-interest tree notice is to notify a works owner that the owner or occupier of the land on which the tree is growing has no interest in the tree.
(2)
Subject to regulation 17, if a works owner receives a no-interest tree notice, the works owner may cause the tree to be removed or trimmed to an extent determined by the works owner if the works owner first obtains permission to enter the land on which the tree is growing from the owner or occupier who gave the notice.
(3)
If—
(a)
a works owner receives a no-interest tree notice; and
(b)
the works owner fails to remove the tree or trim it within 20 working days after the date on which the works owner received the notice; and
(c)
the tree causes damage to any works of the works owner,
the owner or occupier who gave the notice is not liable for the costs of remedying that damage.
Guidance note
See regulation 24(5) for when the notice is to be treated as having been received by the works owner.
(4)
If a works owner causes a tree to be removed or trimmed under subclause (2), the works owner, if so requested by the owner or occupier of the land, must either—
(a)
remove or cause to be removed any debris produced in the removal or trimming of the tree; or
(b)
ensure that any debris produced in the removal or trimming of the tree does not interfere with the use or enjoyment of the land by its owner or occupier.
Regulation 16(3) guidance note: inserted, on 23 July 2026, by regulation 21 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
17 No-interest tree notice may be rescinded
(1)
If a works owner receives a no-interest tree notice, and the owner or occupier who gave the notice refuses to allow the works owner to enter the land for the purpose of removing or trimming the tree, the no-interest tree notice is immediately rescinded.
(2)
An owner or occupier who gives a no-interest tree notice to a works owner may rescind the notice at any time by informing the works owner in writing that the notice is rescinded.
(3)
If an owner or occupier who gives a no-interest tree notice to a works owner is a local authority and the tree that is the subject of the notice is a protected tree, that notice is of no effect.
(4)
If a no-interest tree notice has been rescinded or is of no effect, these regulations apply as if that notice had not been given.
Regulation 17(3): amended, on 17 October 2024, by regulation 13 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
18 Trees with amenity value
(1)
A works owner must consult with the owner or occupier of land to which paragraph (b) applies before the works owner causes a tree that is on a road to be removed or trimmed, if—
(a)
a local authority or other body or person having jurisdiction over a road gives a no-interest tree notice to the works owner in respect of the tree; and
(b)
the works owner has reason to believe that the tree may have amenity value for an owner or occupier of any land that is situated within a 50-metre radius of the tree.
(2)
A works owner must not cause a tree to be removed or trimmed under regulation 16 if a person who is consulted under subclause (1) gives written notice to the works owner that he or she is interested in the tree and wishes to be treated as the tree owner for the purposes of these regulations.
(3)
A person who notifies a works owner under subclause (2) may rescind the notice at any time by informing the works owner in writing that the notice is rescinded.
(4)
Once a notice has been rescinded, these regulations apply as if that notice had not been given.
Subpart 8—Dispensations arising from hazard warning notices and cut or trim notices
Subpart 8 heading: inserted, on 23 July 2026, by regulation 22 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
18A Subpart not applicable to certain trees
This subpart does not apply in relation to any tree that, in contravention of regulation 11J, was planted on or after 23 July 2027 within the low-height planting zone of a conductor that is on unforested land outside an urban area.
Regulation 18A: inserted, on 23 July 2026, by regulation 22 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Dispensations[Revoked]
Heading: revoked, on 23 July 2026, by regulation 22 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
19 Application for dispensation
(1)
Subject to subclause (3), a tree owner to whom a works owner gives a hazard warning notice or a cut or trim notice in respect of a tree may apply to the works owner for a dispensation from the cutting or trimming of that tree so that it does not encroach the cut-back zone.
(2)
If a dispensation is granted,—
(a)
the tree owner is not required to cut or trim the tree so that it does not encroach the cut-back zone and the works owner may not exercise the power conferred by regulation 11(3); but
(b)
the tree owner must ensure that the tree to which the dispensation relates does not encroach into the growth limit zone beyond the dispensation zone.
(3)
An application for a dispensation,—
(a)
if the tree owner is given a hazard warning notice but has not been given a cut or trim notice, may be made at any time; and
(b)
if the tree owner is given a cut or trim notice, must be made no later than 5 working days after the date on which the tree owner received that notice.
Guidance note
See regulation 23(5) for when the notice is to be treated as having been received by the tree owner.
(4)
An application for a dispensation must be in writing and be given in the manner required by regulation 24.
Regulation 19(1): amended, on 17 October 2024, by regulation 14(1) of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 19(2)(a): amended, on 17 October 2024, by regulation 14(1) of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 19(2)(a): amended, on 17 October 2024, by regulation 14(2) of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Regulation 19(3) guidance note: inserted, on 23 July 2026, by regulation 23 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
20 Works owner to consider dispensation applications
(1)
If a works owner receives an application for a dispensation, the works owner must, no later than 5 working days after the date on which the works owner received that application,—
(a)
decide whether to grant the dispensation; and
(b)
give written notice of the decision to the tree owner in the manner required by regulation 23.
Guidance note
See regulation 24(5) for when the notice is to be treated as having been received by the works owner.
(2)
A works owner must grant a dispensation if the works owner is satisfied that the tree is unlikely to come into contact with, or constitute a serious hazard to, a conductor, or is unlikely to cause damage to a conductor, because of—
(a)
the species or age of the tree; or
(b)
the location of the tree in relation to the works.
(3)
If a works owner decides to grant a dispensation, the works owner—
(a)
must specify in the dispensation the distance into the growth limit zone that the tree to which the dispensation relates may encroach; and
(b)
may make the dispensation subject to any conditions that the works owner thinks fit, and must specify those conditions in the dispensation.
Regulation 20(1) guidance note: inserted, on 23 July 2026, by regulation 24 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
21 Further provisions relating to dispensations
(1)
A dispensation—
(a)
comes into force on the date the dispensation is granted; and
(b)
has effect for a period (not exceeding 5 years) that is specified by the works owner in the dispensation.
(2)
A works owner may revoke a dispensation if—
(a)
the tree to which the dispensation relates encroaches into the growth limit zone beyond the dispensation zone; or
(b)
the tree owner breaches the conditions (if any) that the works owner has imposed.
(3)
If a tree to which the dispensation relates encroaches into the growth limit zone beyond the dispensation zone, the works owner may give a cut or trim notice in respect of the tree, whether or not the dispensation has been revoked.
(4)
A dispensation, or the making of an application for a dispensation, does not limit the obligation of a works owner under regulation 14 to undertake, without delay, any work in relation to a tree (including the roots of that tree) that is necessary to remove an immediate danger to persons or property from a conductor.
Arbitration[Revoked]
Heading: revoked, on 23 July 2026, by regulation 25 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
22 Arbitration following decision on dispensation
(1)
A tree owner may apply to an arbitrator to determine a dispute between the tree owner and a works owner if—
(a)
the works owner has refused to grant a dispensation under regulation 20 and the tree owner believes that a dispensation should have been granted; or
(b)
the works owner has granted a dispensation under that regulation but the tree owner does not agree with the terms of that dispensation.
(2)
An application to an arbitrator must be made no later than 5 working days after the date on which the tree owner received notice under regulation 20(1).
(3)
An application to an arbitrator must be in writing and be made in the manner required by regulation 25.
(4)
The determination of a dispute by arbitration, or the making of an application to an arbitrator to determine a dispute, does not limit the obligation of a works owner under regulation 14 to undertake, without delay, any work in relation to a tree (including the roots of any tree) that is necessary to remove an immediate danger to persons or property from a conductor.
Guidance note
See regulation 23(5) for when the notice is to be treated as having been received by the tree owner.
Regulation 22 heading: replaced, on 23 July 2026, by regulation 26(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 22(4) guidance note: inserted, on 23 July 2026, by regulation 26(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Subpart 9—Manner of notifications and applications
Subpart 9 heading: inserted, on 23 July 2026, by regulation 27 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Manner of notification[Revoked]
Heading: revoked, on 23 July 2026, by regulation 27 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
23 Manner of notification to tree owners
(1AAA)
This regulation applies to any of the following notices:
(a)
a hazard warning notice:
(b)
a cut or trim notice:
(c)
a treefall hazard notice.
(1)
A notice to be given to a tree owner who is a natural person must be addressed to that tree owner and may be—
(a)
delivered to that tree owner; or
(b)
posted to that tree owner’s last known or usual place of residence; or
(c)
sent by fax to a telephone number used by that tree owner for the transmission of documents by fax; or
(d)
if the tree owner consents, sent by electronic communication to that tree owner.
(2)
A notice to be given to a tree owner other than a natural person must be addressed to that tree owner and may be—
(a)
delivered to a person who is a director or an officer of that tree owner; or
(b)
posted to that tree owner’s registered office or address for service or principal office; or
(c)
sent by fax to a telephone number used for the transmission of documents by fax at that tree owner’s registered office or address for service or principal office; or
(d)
if the tree owner consents, sent by electronic communication to that tree owner.
(3)
If a notice is to be given to a tree owner that is a partnership, it is sufficient to give the notice to 1 of the partners in accordance with subclause (1).
(4)
In proving the delivery of a notice in accordance with this regulation, it is sufficient to prove that the notice was properly addressed.
(5)
A notice given in accordance with this regulation,—
(a)
if the notice is delivered, or sent by fax, must be treated, unless the contrary is shown, as having been received on the day on which that notice was delivered or sent; and
(b)
if the notice is posted, must be treated, unless the contrary is shown, as having been received on the third working day after the date on which that notice was posted; and
(c)
if the notice is sent by electronic communication, must be treated, unless the contrary is shown, as having been received,—
(i)
in the case of a tree owner who has designated an information system for the purpose of receiving electronic communications, at the time the electronic communication enters that information system; or
(ii)
in any other case, at the time the electronic communication comes to the attention of the tree owner.
Regulation 23(1AAA): inserted, on 23 July 2026, by regulation 28(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 23(1): amended, on 23 July 2026, by regulation 28(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 23(2): amended, on 23 July 2026, by regulation 28(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 23(3): amended, on 23 July 2026, by regulation 28(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 23(4): amended, on 23 July 2026, by regulation 28(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 23(5): amended, on 23 July 2026, by regulation 28(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
24 Manner of notification and application to works owners
(1)
A no-interest tree notice, or an application for a dispensation under regulation 19, to be given to a works owner who is a natural person, must be addressed to that works owner and may be—
(a)
delivered to that works owner; or
(b)
posted to that works owner’s last known or usual place of residence; or
(c)
sent by fax to a telephone number used by that works owner for the transmission of documents by fax; or
(d)
if the works owner consents, sent by electronic communication to that works owner.
(2)
A no-interest tree notice, or an application for a dispensation under regulation 19, to be given to a works owner other than a natural person, must be addressed to that works owner and may be—
(a)
delivered to a person who is a director or an officer of that works owner; or
(b)
posted to that works owner’s registered office or address for service or principal office; or
(c)
sent by fax to a telephone number used for the transmission of documents by fax at that works owner’s registered office or address for service or principal office; or
(d)
if the works owner consents, sent by electronic communication to that works owner.
(3)
If a notice is to be given, or an application is to be made, to a works owner that is a partnership, it is sufficient to give the notice or application to 1 of the partners in accordance with subclause (1).
(4)
In proving the delivery of a notice or an application in accordance with this regulation, it is sufficient to prove that the notice or application was properly addressed.
(5)
A notice given, or an application made, in accordance with this regulation,—
(a)
if the notice or application is delivered, or sent by fax, must be treated, unless the contrary is shown, as having been received on the day on which that notice was delivered or sent; and
(b)
if the notice is posted, must be treated, unless the contrary is shown, as having been received on the third working day after the date on which that notice was posted; and
(c)
if the notice is sent by electronic communication, must be treated, unless the contrary is shown, as having been received,—
(i)
in the case of a works owner who has designated an information system for the purpose of receiving electronic communications, at the time the electronic communication enters that information system; or
(ii)
in any other case, at the time the electronic communication comes to the attention of the works owner.
25 Manner of application to arbitrators
(1)
An application to be made under regulation 22 to an arbitrator must be addressed to that arbitrator and may be—
(a)
delivered to that arbitrator; or
(b)
posted to that arbitrator’s last known or usual place of residence; or
(c)
sent by fax to a telephone number used by that arbitrator for the transmission of documents by fax; or
(d)
sent to the arbitrator by electronic communication to the information system designated by the arbitrator for the purpose of receiving electronic communications.
(2)
In proving the delivery of an application in accordance with subclause (1), it is sufficient to prove that the application was properly addressed.
(3)
An application made in accordance with subclause (1),—
(a)
if the application is delivered, or sent by fax, must be treated, unless the contrary is shown, as having been received on the day on which that application was delivered or sent; and
(b)
if the application is posted, must be treated, unless the contrary is shown, as having been received on the third working day after the date on which that application was posted; and
(c)
if the application is sent by electronic communication, must be treated as having been received, unless the contrary is shown, at the time the electronic communication enters the information system designated by the arbitrator for the purpose of receiving electronic communications.
Subpart 10—Offences and liabilities
Subpart 10 heading: inserted, on 23 July 2026, by regulation 29 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Offences and liabilities[Revoked]
Heading: revoked, on 23 July 2026, by regulation 29 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
26 Offences committed by tree owners
(1)
A person commits an offence who, being a tree owner who is given a cut or trim notice in relation to a tree that requires the tree owner to cut or trim the tree,—
(a)
fails, without reasonable excuse, to cause the tree to be cut or trimmed in accordance with regulation 10; or
(b)
in contravention of regulation 10(3), fails, without reasonable excuse, to advise the works owner of the time and location of the cutting or trimming of the tree.
(1A)
A person who is a tree owner commits an offence if they—
(a)
are given a treefall hazard notice relating to a tree; and
(b)
fail, without reasonable excuse, to cause the tree to be removed in accordance with regulation 11D.
(1B)
A person who is a tree owner commits an offence if they—
(a)
are given a treefall hazard notice relating to a tree by a works owner; and
(b)
fail, without reasonable excuse, to advise the works owner, in accordance with regulation 11D(4), of the time and location of the tree’s removal.
(2)
A person who commits an offence against this regulation is liable on conviction to—
(a)
a fine not exceeding $10,000; and
(b)
if the offence is against subclause (1) and a continuing one, a further fine not exceeding $500 for every day or part of a day during which the offence continues.
(3)
No proceedings may be taken in respect of an offence against subclause (1)(a) if—
(a)
the tree owner has applied for a dispensation under regulation 19 and the works owner to whom the application for a dispensation was made—
(i)
has not made a decision in respect of the application; or
(ii)
has failed to give notice to the tree owner in accordance with regulation 20(1)(b); or
(b)
a dispute in respect of the tree to which the offence relates has been referred to an arbitrator and the arbitrator has not made a decision in respect of that dispute.
(4)
No proceedings may be taken for an offence against subclause (1A) if a dispute in respect of the tree to which the offence relates has been referred to an arbitrator and the arbitrator has not made a decision in respect of that dispute.
Regulation 26(1A): inserted, on 23 July 2026, by regulation 30(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 26(1B): inserted, on 23 July 2026, by regulation 30(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 26(2): replaced, on 23 July 2026, by regulation 30(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 26(4): inserted, on 23 July 2026, by regulation 30(3) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
27 Offences committed by works owners
(1)
A person commits an offence who, being a works owner,—
(a)
[Revoked](b)
in contravention of regulation 8(2), on becoming aware of a tree encroaching a growth limit zone in respect of a conductor belonging to that person, fails, without reasonable excuse, to give a cut or trim notice to the tree owner in respect of that tree.
(2)
A person commits an offence who, being a works owner, fails, without reasonable excuse, to comply with regulation 8(4)(c) or regulation 14(1) or (4).
(3)
A person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $10,000.
(4)
A person who commits an offence against subclause (2) is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day or part of a day during which the offence has continued.
Regulation 27(1)(a): revoked, on 23 July 2026, by regulation 31 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 27(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Regulation 27(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
28 Liability of tree owners
(1)
Subject to subclauses (3) and (4) and regulation 16(3), a tree owner is liable to a works owner for the costs of remedying any damage caused to a conductor if—
(a)
the tree owner fails to comply with the requirements of these regulations; and
(b)
the conductor belongs to a works owner and is damaged, and that damage arose (whether directly or indirectly) from a failure of the tree owner to comply with the requirements of these regulations.
(2)
A works owner may recover any amount payable under subclause (1) as a debt due to the works owner.
(3)
Despite regulation 14, a tree owner is not liable to a works owner for the cost of remedying damage caused to works as a result of a tree, if on or after 1 July 2005,—
(a)
the works are damaged by a tree encroaching the growth limit zone; and
(b)
the works owner failed to give the tree owner a cut or trim notice, or gave the tree owner a cut or trim notice but the damage occurred before the expiry of the time limit for the cutting or trimming.
(4)
Subclause (1) does not apply to a tree owner if the tree is on land administered under the Conservation Act 1987, or any of the Acts set out in Schedule 1 of that Act that regulate the use of land.
(5)
If a tree, to which a dispensation relates or which is in breach of conditions in an arbitrator’s decision, causes damage to any works, the tree owner is liable to the works owner for the costs of remedying the damage caused to those works.
Part 2 Arbitrators
Appointment of arbitrators
29 Appointment of arbitrators
(1)
The Minister may from time to time, by notice in the Gazette, appoint such persons as the Minister considers are, by reason of their special knowledge or experience, fit to act as arbitrators for the purposes of these regulations.
(2)
Subject to subclause (3), every person appointed as an arbitrator holds office for a term (being not less than 12 months) that is stated in the notice of appointment, and may be reappointed by the Minister from time to time.
(3)
An arbitrator may at any time be removed from office by the Minister, by notice in the Gazette, for inability to perform the functions of office, bankruptcy, or misconduct, proved to the satisfaction of the Minister, or may at any time resign from office by written notice to the Minister.
(4)
An arbitrator may at any time hold any other office or engage in any other employment or calling unless the Minister considers that the proper discharge of the functions of an arbitrator will be impaired by holding that other office or engaging in that other employment or calling.
(5)
No person appointed as an arbitrator under this regulation is, by virtue of that appointment, to be treated as being employed in the service of Her Majesty for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956.
(6)
An arbitrator, while acting as an arbitrator, is an employee employed by the Crown for the purposes of the Accident Rehabilitation and Compensation Insurance Act 1992.
Regulation 29(5): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Functions, duties, and powers
30 Functions, duties, and powers of arbitrators
(1)
The functions of an arbitrator are—
(a)
to hear and determine disputes between tree owners and works owners referred to the arbitrator under these regulations; and
(b)
to perform the functions and duties conferred or imposed on arbitrators under these regulations.
(2)
The Act or these regulations do not oblige an arbitrator to hear or determine a matter or perform any other function or duty if the arbitrator considers that he or she is unable to properly perform that function or duty.
(3)
An arbitrator must determine a dispute according to the substantial merits and justice of the case, and in doing so must have regard to the law but is not bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
(4)
Without limiting any other provision of these regulations, an arbitrator has all the powers that are reasonably necessary or expedient to enable the arbitrator to carry out his or her functions and duties.
(5)
The Arbitration Act 1996 does not apply to an arbitrator, or to disputes referred to an arbitrator, under these regulations.
Decisions and proceedings
31 Decisions of arbitrators
(1)
An arbitrator may determine a dispute by making such decision in respect of the tree that is the subject of the dispute as the arbitrator thinks fit, and that decision may be made on any terms and conditions that the arbitrator thinks fit.
(2)
Without limiting subclause (1),—
(a)
if the application for arbitration was made by a tree owner under regulation 11H(1), an arbitrator may—
(i)
determine whether a tree is a high treefall hazard, a moderate treefall hazard, or neither a high treefall hazard nor a moderate treefall hazard; or
(ii)
specify a time limit within which the tree must be removed; or
(b)
if the application for arbitration was made by a works owner under regulation 11H(3), an arbitrator may specify any costs of removing the tree for which a works owner is liable under regulation 11F(1); or
(c)
if the application for arbitration was made by a tree owner under regulation 22, an arbitrator may—
(i)
grant a dispensation from any requirement imposed under these regulations to cut or trim a tree; or
(ii)
refuse to grant a dispensation from any requirement imposed under these regulations to cut or trim a tree; or
(iii)
vary the terms of any dispensation; or
(iv)
specify the distance into the growth limit zone that the tree to which the dispensation relates may encroach, in any case where the arbitrator grants a dispensation or varies a dispensation; or
(v)
specify a time limit within which the tree must be cut or trimmed.
(3)
An arbitrator does not have the power to order any person—
(a)
to perform, or refrain from performing, any act; or
(b)
to undertake, or refrain from undertaking, any obligation.
Regulation 31(2): replaced, on 23 July 2026, by regulation 32 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
32 Proceedings of arbitrators
(1)
An arbitrator who receives an application under regulation 22 must—
(a)
accept the application; or
(b)
notify the person who made the application that—
(i)
the arbitrator declines to hear or determine the dispute to which the application relates; and
(ii)
the person can apply to another arbitrator to hear the dispute.
(2)
After accepting an application to determine a dispute, an arbitrator must, as soon as practicable,—
(a)
decide who are the parties to the dispute and notify them of the application; and
(b)
subject to regulation 34, hear every party who wishes to be heard.
(3)
All hearings and other proceedings by an arbitrator must be conducted in private.
(4)
Subject to these regulations, an arbitrator may regulate his or her own procedure.
(5)
On receiving an application under regulation 22, an arbitrator must use his or her best endeavours to determine a dispute within 10 working days after receiving it.
Guidance note
See regulation 25(3) for when the application is to be treated as having been received by the arbitrator.
(6)
After determining a dispute, an arbitrator must, as soon as practicable, send or give written notice of the decision to all parties to the dispute and to WorkSafe.
Regulation 32(5) guidance note: inserted, on 23 July 2026, by regulation 33 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 32(6): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
33 Evidence
(1)
Evidence tendered to an arbitrator need not be given on oath unless the arbitrator otherwise determines in respect of any particular evidence.
(2)
An arbitrator may, on his or her own initiative, seek and receive any other evidence and make any other investigations and inquiries as he or she thinks fit.
(3)
An arbitrator may receive and take into account any relevant evidence or information, whether or not that evidence or information would normally be admissible in a court.
34 Arbitrator may act on evidence available
Where the case of any party is not presented to an arbitrator, after reasonable opportunity has been given to the party to do so, the dispute may be resolved by the arbitrator on the evidence or information before him or her, including any evidence or information obtained under regulation 33(2).
Rehearings
35 Rehearings
(1)
A party to the dispute that has been determined by an arbitrator may, by written notice delivered to the arbitrator within 3 working days of receipt by the party of the notice given under regulation 32(6), apply for a rehearing of the dispute.
(2)
An arbitrator may rehear a dispute that has been determined by him or her on any terms and conditions he or she thinks fit, but is not obliged to do so.
(3)
Regulation 32(3) to (6) and regulations 33 and 34 apply to the rehearing of a dispute as if it were an original hearing of the dispute.
(4)
If an arbitrator agrees to rehear a dispute, any decision made by the arbitrator on the original hearing of the dispute ceases to have effect.
Miscellaneous provisions
36 Remuneration of arbitrators
Arbitrators are entitled to be paid remuneration by way of fees and allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply as if an arbitrator were a member of a statutory board.
37 Protection of arbitrators
(1)
In the performance of his or her functions or duties under these regulations, an arbitrator has and enjoys the same protection that a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4A to 4F of the Justices of the Peace Act 1957.
(2)
The proceedings of an arbitrator are judicial proceedings.
(3)
The privileges and immunities of arbitrators, parties to disputes, and witnesses extend and apply to—
(a)
an arbitrator acting under regulation 33(2); and
(b)
a person who gives information, or makes any statement, to an arbitrator acting under that regulation.
Regulation 37(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Part 3 Miscellaneous provisions
38 Compensation for trees and vegetation removed
These regulations do not affect the right to compensation under section 58 of the Act.
39 Safety clearance distances for conductors of overhead electric lines
[Revoked]Regulation 39: revoked, on 1 April 2010, by regulation 121(2) of the Electricity (Safety) Regulations 2010 (SR 2010/36).
40 Claims for damages to works
These regulations do not affect any other claims that a works owner may have against a tree owner in respect of any damage caused to works by a tree owner.
41 Regulations do not affect specified agreements
(1)
These regulations do not affect the operation of any specified agreement between a works owner and a land owner that provides for—
(a)
the carrying out of the trimming, felling, or removal of trees; or
(b)
the payment of the costs of the trimming, felling, or removal of trees.
(2)
Subclause (1) is subject to regulation 11(1)(d).
(3)
Specified agreement—
(a)
means—
(i)
any agreement made before the commencement of these regulations; and
(ii)
any agreement made after the commencement of these regulations that is in writing and specifies the area that is the subject of the agreement; but
(b)
does not include any provision in an agreement that is inconsistent with Schedule 2 (which relates to growth limit zones).
Regulation 41(1)(a): amended, on 23 July 2026, by regulation 34(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 41(1)(b): amended, on 23 July 2026, by regulation 34(1) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 41(3)(b): amended, on 23 July 2026, by regulation 34(2) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Regulation 41(3)(b): amended, on 17 October 2024, by regulation 15 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
42 Revocations
The Trees (Electric Lines) Regulations 1986 (SR 1986/315) are revoked.
Schedule 1 Transitional, savings, and related provisions
Schedule 1: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Part 1 Provisions relating to Electricity (Hazards from Trees) Amendment Regulations 2024
Schedule 1 Part 1: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
1 Definitions
In this Part,—
amended means amended by the amendment regulations
amended growth limit zone means the growth limit zone as amended
amendment regulations means the Electricity (Hazards from Trees) Amendment Regulations 2024
former growth limit zone means the growth limit zone as in force at the close of 16 October 2024
former notice zone means the notice zone as in force at the close of 16 October 2024.
Schedule 1 clause 1: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
2 Requirement to notify consumers
(1)
During the period starting on 17 October 2024 and ending at the close of 31 January 2025, every works owner must perform their obligations under regulation 5(1).
(2)
This clause applies regardless of when the works owner last performed the obligations in regulation 5(1).
Schedule 1 clause 2: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
3 Transition period for amended growth limit zone
(1)
This clause applies until the close of 16 October 2026.
(2)
This clause applies in relation to a tree that—
(a)
encroaches the amended growth limit zone; but
(b)
does not encroach the former growth limit zone.
(3)
Despite regulation 8(2), a works owner is not required to give a cut or trim notice in relation to the tree.
(4)
However, a works owner may give a cut or trim notice in relation to the tree.
Schedule 1 clause 3: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
4 Transition period for conductors on land administered under Conservation Act 1987 or Acts listed in Schedule 1 of that Act
(1)
This clause applies until the close of 16 October 2026.
(2)
The references to the growth limit zone in regulation 8(4)(c) must be treated as being references to the former growth limit zone.
(3)
However, a works owner may under regulation 8(4)(c) cause a tree to be cut or trimmed to ensure that the tree ceases to encroach the amended growth limit zone.
Schedule 1 clause 4: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
5 Existing cut or trim notices
(1)
This clause applies to any cut or trim notice given before 17 October 2024.
(2)
A tree owner complies with regulation 10(1) if they cause the tree to which the notice relates to be cut or trimmed so that it does not encroach the former notice zone.
Schedule 1 clause 5: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
6 Existing dispensations
If a dispensation is granted in relation to a tree before 17 October 2024, the dispensation continues in force as if the amendment regulations had not been made.
Schedule 1 clause 6: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
7 Existing applications for dispensations
If an application for a dispensation is made, but not granted, before 17 October 2024,—
(a)
the works owner must consider the application as if the amendment regulations had not been made; and
(b)
the dispensation, if granted, continues in force as if the amendment regulations had not been made.
Schedule 1 clause 7: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
8 Transition period for existing specified agreements
(1)
This clause applies until the close of 16 October 2026.
(2)
For specified agreements entered into before 17 October 2024, the reference to the requirements of Schedule 2 in amended regulation 41(3)(b) must be treated as referring to the requirements of the Schedule as in force at the close of 16 October 2024.
Schedule 1 clause 8: inserted, on 17 October 2024, by regulation 16 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Part 2 Provisions relating to Electricity (Hazards from Trees) Amendment Regulations 2026
Schedule 1 Part 2: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
9 Interpretation
In this Part,—
amended growth limit zone, in relation to a specified low voltage conductor, means the growth limit zone for the conductor (or for the part of the conductor that is outside the urban area) under clause 2 of Schedule 2 of these regulations, as in force on 23 July 2026
amendment regulations means the Electricity (Hazards from Trees) Amendment Regulations 2026
former cut-back zone, in relation to a specified low voltage conductor, means the space that extends no more than 1 metre beyond the former growth limit zone for the conductor
former growth limit, in relation to a specified low voltage conductor, means the growth limit zone for the conductor under clause 1 of Schedule 2 of these regulations, as in force immediately before 23 July 2026
specified low voltage conductor—
(a)
means a conductor that—
(i)
has a span of less than or equal to 150 metres in length; and
(ii)
has a voltage of less than or equal to 11 kilovolts; and
(iii)
is outside or partly outside an urban area; but
(b)
does not include an aerial bundled conductor or a conductor insulated by other means.
Schedule 1 clause 9: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
10 Publication on internet site of explanation of certain zones and list of offences
(1)
By no later than 1 October 2026, a works owner must update the information that the works owner is required to publicly disclose and publish under regulation 5 so that the information—
(a)
includes an explanation of the hazard warning notice zone, treefall hazard zone, and low-height planting zone for conductors (as those zones are defined in these regulations); and
(b)
includes a general description of the dangers of removing trees in the vicinity of live conductors; and
(c)
includes (in the list of offences and penalties referred to in regulation 5(1)(d)) the offences against regulation 26(1A) and (1B) that may be committed by tree owners and the penalties that may be imposed for committing those offences.
(2)
By no later than 17 October 2026, a works owner must update the explanation of the growth limit zone for conductors that the works owner is required to publicly disclose and publish under regulation 5.
Schedule 1 clause 10: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
11 Trees encroaching amended growth zone limit
(1)
This clause applies until the close of 16 October 2026.
(2)
Despite regulation 8(2), a works owner who becomes aware of a tree encroaching the amended growth limit zone for a specified low voltage conductor belonging to the works owner is not required to give a cut or trim notice to the works owner if the tree does not encroach the former growth limit zone for the conductor.
(3)
However, the works owner may give a cut or trim notice in relation to the tree if the conductor is not on conservation land.
(4)
Regulation 8(4)(c) does not apply in relation to the tree if the conductor is on conservation land.
(5)
However, if the conductor is on conservation land, the works owner may, subject to the requirements of any Act and within 3 months of becoming aware that the tree encroaches the amended growth limit zone and at the work owner’s expense, ensure that the tree is cut or trimmed to ensure that the tree ceases to encroach the amended growth limit.
(6)
In this clause, conservation land means land that—
(a)
is administered by any person under the Conservation Act 1987; or
(b)
is administered by any person under any of the Acts set out in Schedule 1 of that Act that regulate the use of land.
Schedule 1 clause 11: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
12 Existing cut or trim notices
(1)
This clause applies to a cut or trim notice that relates to a specified low voltage conductor and that is in force immediately before 23 July 2026.
(2)
A tree owner who has been given a cut or trim notice to which this clause applies complies with regulation 10(1) if the tree owner causes the tree to which the notice relates to be cut or trimmed so that it does not encroach the former cut-back zone for the conductor.
(3)
Subclause (2) does not apply if—
(a)
the tree is a protected tree; and
(b)
that subclause would otherwise require the tree owner to cause the tree to be cut or trimmed further than if it were to be cut or trimmed only so that it does not encroach the amended cut-back zone for the conductor.
(4)
In that case, the tree owner complies with regulation 10(1) if they cause the tree to be cut or trimmed so that it does not encroach the amended cut-back zone.
Schedule 1 clause 12: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
13 Existing dispensations
(1)
A dispensation granted in relation to a tree that is in force immediately before 23 July 2026 has effect as if the amendment regulations had not been made.
(2)
For that purpose, regulation 21(2)(a) and (3) is to be applied in relation to that dispensation as if the references to the growth limit zone were to the growth limit zone for the conductor that applied when the dispensation was granted.
Schedule 1 clause 13: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
14 Existing applications for dispensations
(1)
This clause applies to an application that—
(a)
is made on or after 17 October 2024 and before 23 July 2026 for a dispensation from the cutting or trimming of a tree so that the tree does not encroach the cut-back zone for a specified low voltage conductor; but
(b)
is not finally determined before that date.
Guidance note
See clause 7 for the savings arrangement that applies to applications made, but not granted, before 17 October 2024.
(2)
The application for a dispensation—
(a)
is to be determined as if the former growth limit zone for the conductor continues to apply; and
(b)
if the dispensation is granted, regulation 21(2)(a) and (3) is to be applied in relation to that dispensation as if the references to the growth limit zone were to the former growth limit zone for the conductor.
Schedule 1 clause 14: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
15 Trees identified as posing fall hazard
(1)
A works owner must not give a tree owner a treefall hazard notice before 23 July 2028.
(2)
This clause does not affect the application of regulation 11I (treefall hazard assessment) on and after 23 July 2026.
Guidance note
The main effect of this regulation is that the only provisions in subpart 4 (trees identified as posing fall hazard) of Part 2 that apply before 23 July 2028 are regulations 11G (land administered under Conservation Act 1987, etc) and 11I (treefall hazard assessment). Because regulation 11I applies on and after 23 July 2026, Schedule 3 has effect on and from that date. Therefore, works owners may carry out treefall hazard assessments under that schedule on and from that date.
Schedule 1 clause 15: inserted, on 23 July 2026, by regulation 35(a) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Schedule 2 Growth limit zones
Schedule 2: replaced, on 17 October 2024, by regulation 17 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
1 Conductors spanning up to 150 metres: up to 11 kilovolts in urban areas or any voltage and insulated
(1)
This clause applies to each of the following:
(a)
a conductor that—
(i)
has a span of less than or equal to 150 metres in length and a voltage of less than or equal to 11 kilovolts; and
(ii)
is in an urban area; and
(b)
a part of a conductor if—
(i)
the conductor has a span of less than or equal to 150 metres in length and a voltage of less than or equal to 11 kilovolts; and
(ii)
the part is in an urban area; and
(c)
a conductor that has a span of less than or equal to 150 metres and that is an aerial bundled conductor or a conductor that is insulated by other means.
(2)
Growth limit zone, in relation to the conductor, means the space surrounding the conductor that extends no more than the specified distance from the conductor in any direction from any point on the conductor.
(3)
The specified distance is the distance specified for the conductor in the following table:
| Voltage of conductor other than aerial bundled conductor or conductor insulated by other means | Specified distance (metres) | |
|---|---|---|
| 11 kV | 1.6 | |
| 400/230 V | 0.5 |
| Voltage of aerial bundled conductor or conductor insulated by other means | Specified distance (metres) | |
|---|---|---|
| Any voltage if the conductor is an aerial bundled conductor or is otherwise insulated | 0.5 |
| Key |
| kV = kilovolts |
| V = volts |
Schedule 2 clause 1: inserted, on 17 October 2024, by regulation 17 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Schedule 2 clause 1 heading: replaced, on 23 July 2026, by regulation 36 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Schedule 2 clause 1(1): replaced, on 23 July 2026, by regulation 36 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Schedule 2 clause 1(2): amended, on 23 July 2026, by regulation 36 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
2 Uninsulated conductors spanning up to 150 metres: up to 11 kilovolts outside urban areas or greater than 11 kilovolts
(1)
This clause—
(a)
applies to—
(i)
a conductor that has a span of less than or equal to 150 metres in length; or
(ii)
a part of a conductor if the conductor has a span of less than or equal to 150 metres in length; but
(b)
does not apply to a conductor or part of a conductor to which clause 1 applies.
(2)
Growth limit zone, in relation to the conductor or the part of the conductor, means the space surrounding the conductor or the part that consists of—
(a)
the space that extends no more than the specified distance from the conductor in any direction on or below a horizontal plane drawn from any point on the conductor; and
(b)
either—
(i)
the space above the space described in paragraph (a), regardless of the vertical distance above the conductor; or
(ii)
in the case of a protected tree, the space that extends no more than the specified distance from the conductor in any direction above a horizontal plane drawn from any point on the conductor.
(3)
The specified distance is the distance specified for the conductor in the following table:
| Voltage of conductor | Specified distance (metres) | |
|---|---|---|
| 66 kV or greater | 4.0 | |
| 50 kV to 66 kV | 3.0 | |
| 33 kV | 2.5 | |
| 11 kV | 1.6 | |
| 400/230 V | 0.5 |
| Key |
| kV = kilovolts |
| V = volts |
Schedule 2 clause 2: inserted, on 17 October 2024, by regulation 17 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Schedule 2 clause 2 heading: replaced, on 23 July 2026, by regulation 36 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Schedule 2 clause 2(1): replaced, on 23 July 2026, by regulation 36 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Schedule 2 clause 2(2): amended, on 23 July 2026, by regulation 36 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Schedule 2 clause 2(3) table: amended, on 23 July 2026, by regulation 36 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
3 Conductors with spans of more than 150 metres
(1)
This clause applies to a conductor with a span of more than 150 metres in length.
(2)
Growth limit zone, in relation to the space surrounding the conductor, means—
(a)
the space that extends vertically no more than the specified distance below a horizontal plane drawn from any point on the conductor; and
(b)
the space that extends horizontally no more than the specified distance from a vertical plane drawn from any point on the conductor; and
(c)
either—
(i)
the space above the space described in paragraphs (a) and (b), regardless of the vertical distance above the conductor; or
(ii)
in the case of a protected tree, the space that extends vertically no more than the specified distance above a horizontal plane drawn from any point on the conductor.
(3)
The specified distance is the distance specified for the conductor in the following table:
| Length of span (metres) | Specified vertical distance from a horizontal plane drawn from any point on the conductor (metres) | Specified horizontal distance from a vertical plane drawn from any point on the conductor (metres) | ||
|---|---|---|---|---|
| 150 to 300 | 4.0 | D1 = 4.0 D2 = 8.0 |
||
| 301 to 500 | 4.0 | D1 = 7.5 D2 = 15.0 |
||
| 501 to 700 | 4.0 | D1 = 15.0 D2 = 30.0 |
||
| Greater than or equal to 701 | 4.0 | D1 = 25.0 D2 = 50.0 |
| Key |
| D1 = distance for the 15% of each span at either end of the span |
| D2 = distance for the centre 70% of each span |
Schedule 2 clause 3: inserted, on 17 October 2024, by regulation 17 of the Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191).
Schedule 3 Treefall hazard assessment
rr 11A(1)(b), 11B(1)(a), 11I
Schedule 3: inserted, on 23 July 2026, by regulation 37 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
1 Definition of national grid
In this schedule, national grid has the same meaning as in section 5 of the Electricity Industry Act 2010.
Schedule 3 clause 1: inserted, on 23 July 2026, by regulation 37 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
2 Purpose of assessment
The purpose of a treefall hazard assessment is to assess whether a tree that is located within the treefall hazard zone for a conductor is—
(a)
a high treefall hazard; or
(b)
a moderate treefall hazard; or
(c)
neither a high treefall hazard nor a moderate treefall hazard.
Schedule 3 clause 2: inserted, on 23 July 2026, by regulation 37 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
3 Carrying out assessment
(1)
A works owner may carry out a treefall hazard assessment of any tree within the treefall hazard zone for a conductor belonging to the works owner.
(2)
In carrying out the assessment, the works owner must consider—
(a)
written advice from a suitably qualified and experienced arborist, including about the application of the fall-likelihood factors to the tree; and
(b)
any other relevant matters.
(3)
In carrying out the assessment, the works owner may consider the written advice of a suitably qualified and experienced advisor on matters relating to forestry in relevant cases (for example, where the tree is part of a forest).
(4)
The works owner may assess that a tree within a treefall hazard zone for a conductor that belongs to the works owner is a high treefall hazard only if—
(a)
they are satisfied that the tree is highly likely to fall on the conductor; and
(b)
either or both of the following subparagraphs apply:
(i)
they are satisfied that, if the tree were to fall on the conductor, it would have a high impact on the security of electricity supply or the safety of the public (or both):
(ii)
the conductor is a line that is part of the national grid.
Guidance note
The line is part of the national grid if the line owner (and, therefore, the works owner) is Transpower or if the line is used by Transpower.
(5)
A works owner may assess that a tree within a treefall hazard zone for a conductor that belongs to the works owner is a moderate treefall hazard only if they are satisfied—
(a)
that the tree is moderately likely to fall on the conductor and either or both of the following subparagraphs apply:
(i)
if the tree were to fall on the conductor, it would have a high impact on the security of electricity supply or the safety of the public (or both):
(ii)
the conductor is a line that is part of the national grid; or
(b)
that the tree is highly likely to fall on the conductor and, if the tree were to fall on the conductor, it would have a moderate impact on the security of electricity supply or the safety of the public (or both).
(6)
In assessing whether a tree is highly likely or moderately likely to fall on a conductor, the works owner must consider the fall-likelihood factors.
(7)
In assessing whether, if a tree were to fall on a conductor, it would have a high impact or a moderate impact on the security of electricity supply or the safety of the public (or both), the works owner must consider the fall-impact factors.
Schedule 3 clause 3: inserted, on 23 July 2026, by regulation 37 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
4 Fall-likelihood factors
(1)
The fall-likelihood factors are as follows:
(a)
whether the tree is showing signs that it may fall within 12 months after the date of the written advice referred to in clause 3(2)(a) from an arborist (a relevant arboricultural advice):
(b)
the extent to which the tree has been destabilised by other trees or by structures or because of ground instability:
(c)
the extent to which the topography, geology, or climate conditions of the site of the tree (for example, exposure to high winds) or any other factors relating to the site place the tree at an elevated risk of falling.
(2)
If the works owner decides to consider more than 1 relevant arboricultural advice for the purposes of clause 3(2)(a), the date specified in subclause (1)(a) is, for the purpose of applying clause 3(6), the date of the most recent of those advices.
Schedule 3 clause 4: inserted, on 23 July 2026, by regulation 37 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
5 Fall-impact factors
The fall-impact factors are as follows:
(a)
the voltage of the conductor:
(b)
how long the conductor would be out of service if the tree were to fall on it:
(c)
the extent to which the tree would damage the line if it were to fall on it:
(d)
the extent to which the safety of people would be compromised if the tree were to fall:
(e)
whether there is any redundancy in the conveyance of electricity by the conductor.
Schedule 3 clause 5: inserted, on 23 July 2026, by regulation 37 of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189).
Diane Morcom,
Clerk of the Executive Council.
Date of notification in Gazette: 18 December 2003.
Notes
1 General
This is a consolidation of the Electricity (Hazards from Trees) Regulations 2003 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189)
Electricity (Hazards from Trees) Amendment Regulations 2024 (SL 2024/191)
Public Service Act 2020 (2020 No 40): section 135
WorkSafe New Zealand Act 2013 (2013 No 94): section 22
Criminal Procedure Act 2011 (2011 No 81): section 413
Electricity (Safety) Regulations 2010 (SR 2010/36): regulation 121
Versions
Electricity (Hazards from Trees) Regulations 2003
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