The occupier of any land on which is erected any building used for residential purposes may at any time apply to a Magistrate’s Court for an order requiring the occupier of any other land to remove or trim any tree growing or standing on that other land.

Where the occupier of that other land is not the owner thereof both the occupier and the owner shall be joined as defendants to any such application.

On any such application the Court may make such order as it thinks fit, upon and subject to such conditions as it thinks fit, if, having regard to all the circumstances of the case and all other relevant considerations, the Court considers the order to be fair and reasonable, and to be necessary to remove or prevent, or to prevent the recurrence of, any undue interference with the reasonable enjoyment of the applicant’s land for residential purposes.

The conditions of any such order may, if the Court thinks fit, include conditions requiring the applicant to give security or indemnity in respect of any costs, expenses, or damage.

The Court shall not make an order under this section unless it is satisfied—

An order may be made under this section whether or not the interference amounts to a legal nuisance, and whether or not it could be the subject of any proceedings otherwise than under this section.

In determining whether or not to make an order under this section the Court shall have regard to the time when the applicant became the occupier of his land in relation to the time when the interference commenced, but if the Court thinks fit, having regard to all the circumstances of the case, an order may be made notwithstanding that the applicant became the occupier of his land after the interference commenced.

Every order made under this section shall provide that the reasonable cost of removing or trimming any tree (the amount thereof to be determined by the Court unless the parties otherwise agree) shall be borne by the applicant for the order, unless the Court is satisfied that the applicant would have been entitled to an order for the removal or trimming of the tree if this section had not been passed.

If an order made under this section in respect of the removal or trimming of any tree is not duly complied with within one month after the date of the order, or such longer period as may be specified in the order or allowed by the Court, the applicant for the order may at any time thereafter cause the land on which the tree is growing or standing to be entered upon and the order to be complied with, and may cause to be done on that land such things as may reasonably be considered necessary for any such purposes as aforesaid:

“Provided that, unless the parties otherwise agree, the applicant shall not exercise the rights conferred by this subsection except with the leave of the Court, which may be granted upon or subject to such conditions as the Court thinks fit, whether as to security or indemnity against any costs, expenses, or damage, the avoidance of or making good of any injury or damage, the disposal of the trees or any part thereof, or otherwise.”

In this section the term ‘tree’ includes any shrub or plant.

This section shall bind the Crown, and shall apply to all land, including Maori land, Crown land, and public reserves.”