Trees and Power Lines

The regulations provide for the control of trees adjacent to electricity lines. The purpose of the regulations is to protect the security of the supply of electricity and the safety of the public.

Electricity (Hazards from Trees) Regulations

http://www.med.govt.nz/ers/electric/tree-regulations/regulations-summary/index.html

Quick Reference Summary of New Regulations on Trees and Power Lines

Live Lines - Issue 15

New Regulations on Trees and Power Lines

Media Statement from Hon Pete Hodgson, Minister of Energy
Courtesy of www.med.govt.nz/ers/electric/tree-regulations/media/20031218.html

18 December 2003
New regulations governing the trimming of trees near power lines are designed to promote safety and help maintain power supplies.
"The absence of any clear definition of the rights and responsibilities of tree owners and line companies has led to disputes and delays in dealing with hazards," says Energy Minister Pete Hodgson.
"These regulations are designed to promote safety and help prevent power outages and fires caused by problems with trees and power lines."
The regulations, gazetted today, define safe separation distances between trees and power lines and specify who is responsible for ensuring the clearances are maintained.
Since 1992, apart from shelterbelt trees, there has been no regulation of separation distances. The 1992 review of the Electricity Act removed the rights of line companies to enter private property and trim or remove trees near lines. In the absence of regulations the common law on nuisance and negligence applies and remedies can only be sought after safety and reliability of supply have been compromised.
"There is general agreement among landowners and line companies that regulations are needed to clarify rights and responsibilities," Mr Hodgson said.
Under the new regulations landowners gain the opportunity to declare an interest in particular trees on their land that grow near power lines. If they do so, the line company is obliged to give notice when the designated tree or trees needs trimming. The landowner is then responsible for the cost of trimming, except for the first trim under the new regulations, which will be paid for by the line owner.
Where landowners declare no interest in their trees, all cost and responsibility for trimming or removal falls on the line owner.
A detailed summary of the regulations is available on the Ministry of Economic Development website."

Implications of the Trees Regulations
Courtesy www.med.govt.nz/ers/electric/tree-regulations/implications.html

Landowners

• Landowners will be required to decide if they have an interest in the individual trees on their property. They are expected to maintain an interest in trees which contribute to the appreciation of the area or provide shelter or screening to the adjoining property.
• Where an interest is maintained, landowners will be responsible for the costs of trimming the tree to maintain the regulation safety distances.
• Where 'no interest' is declared, all costs and responsibility falls to the line owner.
• If a landowner does not allow the line owner reasonable access to trim or remove the tree, the 'no interest' notice is rescinded and the landowner is responsible for maintaining the tree (including the cost of the first trim).
• The regulations will not affect any agreement between a landowner and a line owner on tree removal and maintenance, except with respect to separation distances.

Local Authorities

• A local authority is required to maintain an interest in trees it owns that are subject to clearance or pruning restrictions under a District Plan.
• If a tree that is owned by the local authority is not subject to clearance or pruning restrictions under a District Plan, that tree is subject to the interest/no interest regime under the regulations.
• Where an interest is maintained, the local authority will be responsible for the costs of maintaining that tree (excluding the first trim).
• The regulations will not affect any agreement between a local authority and a line owner on tree removal and maintenance, except with respect to separation distances.

Line Owners

• The line owner must issue an information notice, at least annually, to consumers informing them of the dangers of contact between trees and live power lines, the cutting of trees near lines and an explanation of the requirements and penalties in the regulations.
• The line owner will be responsible for monitoring separation distances and issuing notices to landowners where a tree encroaches or is near to encroaching them.
• The line owner will be responsible for the cost of the first trim where a landowner maintains an interest in a tree. The line owner can elect to perform the first trim itself.
• Where no interest is declared, the line owner can fell the tree if it chooses and will be responsible for the costs of removing it. Where a private landowner declares 'no interest' in a tree that is subject to District Plan clearance or pruning restrictions, the line owner may require resource consent to trim or fell the tree.

Planting Trees
Take into account what may be in the ground near to where you are considering planting a tree- there could be underground cables or even drainage systems that could be affected by the tree roots.

Be responsible, plant suitable trees in such positions that they will not be hazardous to life and property.  Maybe your life and your property.  Think before you plant.

Untrimmed Trees
A tree with wet bark that is in contact with high voltage power lines may be a hazard to people or animals touching it.

Branches in contact with power lines can cause the lines to touch each other and cause sparks which could start a fire.

A power line that has been brought down by a fallen branch or tree can also in some situations cause sparks and start a fire.