Legal advice sought on protected trees
Waipa District Council will look at whether or not it can set up legal agreements with individual landowners to help maintain protected trees in the district.
The direction to seek legal advice came after protected tree owners gave feedback to councillors at the Strategic Planning and Policy Committee today.
Councillors heard concerns from tree owners worried about a Council proposal to set up a Protected Tree Fund to help owners pay for tree maintenance.
Across the district, Council currently manages the inspection and maintenance of 98 protected trees on privately-owned land. The proposed Fund would allow Council to continue to support protected trees by budgeting $50,000 a year for the work. Tree owners could apply to the Fund for financial assistance with tree maintenance if they wished.
Today Council’s community services manager Sally Sheedy said Council had previously been advised that legal liability for the trees is with the landowners on privately-owned land.
“Legal liability for protected trees on privately-owned land has always been with the landowners, and historically Council has organised inspections and maintained these on our communities’ behalf,” she said.
“The proposed protected tree policy will grant protected tree owners the ability to arrange their own inspection and maintenance for trees on their own property and we can continue to support the amenity value these beautiful trees have through a council fund.”
Some tree owners have opposed the proposal, arguing Council should bear the full cost of protected tree maintenance.
Today’s meeting saw Councillors direct staff to look for alternative options, including individual agreements with land owners. Staff were also asked to report back on insurance and liability implications before a final decision on the proposed Protected Tree Fund is made.
Staff were also asked to investigate transitional provisions where protected tree status has been removed from a tree that had previously been protected.