Heritage tree maintenance responsibility of property owners, says council

8:15 pm on 27 January 2025
The California Redwood (sequoia sempervirens) was included as a heritage tree in the district plan for its location, rarity in the district, size, and age.

The California Redwood (sequoia sempervirens) was included as a heritage tree in the district plan for its location, rarity in the district, size, and age. Photo: LDR / JONATHAN LEASK

A huge heritage-listed tree towers over Maryanne Urquhart's property in Allenton, Ashburton.

For five years she's contacted the local council to help with the annual trimming back of new growth at the bottom of the California Redwood (Sequoia sempervirens).

"This year they said no and that it's my responsibility," Urquhart said.

She said was caught off guard by the response, and felt the responsibility had passed to her without her knowledge or explanation

.

However, an Ashburton District Council spokesperson said the maintenance of heritage trees on private land has always been the property owner's responsibility.

"As per the district plan, the council can provide advice or assistance with physical works such as trimming, when requested," infrastructure and open spaces group manager Neil McCann.

Council has treated the requests on a case-by-case basis, which can range from minor trimming to helping to organise an arborist's assessment, he said.

"In past years, the council has been able to accommodate most requests, but increasing pressure on our own budgets and the need to keep rates as low as practical means some requests for minor works over the past 18 months or so have been unable to be accommodated as in the past."

Urquhart said she had since had the minor pruning work done on her tree, but was concerned that other property owners could be in a similar situation.

"I wonder how many others have a heritage tree on their property and haven't been told?

"We should have been notified."

Urquhart's heritage tree is listed in the district plan for its location, rarity in the district, size, and age.

The district plans list 71 protected tree sites in the district and while some are on council land, most are on private property.

McCann said property owners who contact the council about help with their heritage trees would be advised about the reduced capacity.

"We are also writing to owners of heritage trees to make sure everyone receives the same information.

"We encourage people to talk to us if they are thinking about doing work on their heritage tree."

What the property owners can do with a heritage tree is governed by the district plan.

If a person wants to cut down a heritage tree, they need to apply to have its heritage status removed or seek a resource consent.

The person would need to prove that the tree has lost the values from when it was listed, or is dangerous and poses a threat to lives or property, according to the council website.

If someone wants to trim or work near a protected tree, council advises property owners to speak with the council first.

"Sometimes you don't need consent to do works, and sometimes we can even help by doing it for you," the website reads.

Last year, an Ashburton property owner was prosecuted for breaching the district plan and ordered to pay $7000 for the attempted felling of a protected heritage tree on their property.

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