Resource Management Amendment Act 2013

12 Section 76 amended (District rules)
  • Replace section 76(4A) and (4B) with:

    • (4A) A rule may prohibit or restrict the felling, trimming, damaging, or removal of a tree or trees on a single urban environment allotment only if, in a schedule to the plan,—

      • (a) the tree or trees are described; and

      • (b) the allotment is specifically identified by street address or legal description of the land, or both.

    • (4B) A rule may prohibit or restrict the felling, trimming, damaging, or removal of trees on 2 or more urban environment allotments only if—

      • (a) the allotments are adjacent to each other; and

      • (b) the trees on the allotments together form a group of trees; and

      • (c) in a schedule to the plan,—

        • (i) the group of trees is described; and

        • (ii) the allotments are specifically identified by street address or legal description of the land, or both.

    • (4C) In subsections (4A) and (4B),—

      group of trees means a cluster, grove, or line of trees

      urban environment allotment or allotment means an allotment within the meaning of section 218—

      • (a) that is no greater than 4 000 m2; and

      • (b) that is connected to a reticulated water supply system and a reticulated sewerage system; and

      • (c) on which there is a building used for industrial or commercial purposes or as a dwellinghouse; and

      • (d) that is not reserve (within the meaning of section 2(1) of the Reserves Act 1977) or subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.

    • (4D) To avoid doubt, subsections (4A) and (4B) apply—

      • (a) regardless of whether the tree, trees, or group of trees is, or the allotment or allotments are, also identified on a map in the plan; and

      • (b) regardless of whether the allotment or allotments are also clad with bush or other vegetation.