Local Government Act 1974

355 Council may require removal of overhanging trees, etc

(1)

The council may, by notice in writing under the hand of the chairman or the principal administrative officer, require the owner of any land abutting upon any road within the district to do any of the following acts:

(a)

to remove, lower, or trim to the satisfaction of the council any tree or hedge overhanging or overshadowing the road in cases where, in the opinion of the council, the removal, lowering, or trimming is necessary in order to prevent injury to the road or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto:

(b)

to cut down or grub up, as the council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under the road up to the middle line thereof along the whole frontage of the land occupied or owned by him:

(c)

to remove, lower, or trim to the satisfaction of the council any tree or hedge, or to lower any fence or wall, if in the opinion of the council the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other road.

(2)

Within 10 days after service of the notice, the owner may apply to the District Court for an order setting aside the notice.

(3)

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

(4)

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

(5)

The said cost shall be a charge upon the land.

(6)

In any case where the council might give any such notice as aforesaid in respect of any land, any resident of the district may, by notice in writing, request the council to do so.

(7)

If for the space of 28 days after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to the District Court for an order requiring the council to comply with that notice.

(8)

On the hearing of the application, the court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the court shall be final.

(9)

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

(10)

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

Compare: 1928 No 12 ss 169, 170, 171, 172A; 1948 No 39 s 32; 1954 No 76 s 204; 1956 No 39 s 4; 1956 No 64 s 210

Section 355: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).

Section 355(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).

Section 355(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 355(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 355(7): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 355(9): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).