Electricity (Hazards from Trees) Regulations 2003

  • This version was replaced on 28 August 2017 to make a correction to regulation 4(2) under section 25(1)(j)(ii) of the Legislation Act 2012.

Offences and liabilities

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.

(2)

A person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, a further fine not exceeding $500 for every day or part of a day during which the offence has continued.

(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.

Regulation 26(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).