Electricity (Hazards from Trees) Regulations 2003

  • Regulations 15(7) and 19(4) corrected on 6 August 2021 under section 25(1)(j)(iii) of the Legislation Act 2012.

Offences and liabilities

26 Offences committed by tree owners


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,—


fails, without reasonable excuse, to cause the tree to be cut or trimmed in accordance with regulation 10; or


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.


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.


No proceedings may be taken in respect of an offence against subclause (1)(a) if—


the tree owner has applied for a dispensation under regulation 19 and the works owner to whom the application for a dispensation was made—


has not made a decision in respect of the application; or


has failed to give notice to the tree owner in accordance with regulation 20(1)(b); or


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).