If you are notified of trees on your property which are growing in to power lines, you may be eligible to declare ‘No Interest’ in the tree – this is permitted under Regulations 15, 16 and 17 of the Electricity (Hazards from Trees) Regulations 2003.
Declaring ‘No Interest’ does not transfer the ownership of the tree to Unison, or remove your responsibility for managing that tree and any wider safety risks it may present during its lifetime. Declaring ‘No Interest’ gives Unison the right to manage the tree in relation to its encroachment on our power lines as we see fit, which may including trimming or felling the tree.
To be eligible to declare ‘No Interest’ in a tree on your property, the tree must be capable of growing to a height or width which would encroach on the Notice Zone – trees which are only within falling distance of the Notice Zone and are physically unable to grow into the Zone are not eligible and remain the responsibility of the tree owner.
What conditions need to be met for declaring No Interest?
The Electricity (Hazards from Trees) Regulations 2003 set out the conditions that need to be met for the No Interest Notice to be approved by Unison:
- the tree was naturally sown in the vicinity of Unison’s existing network; and
- the tree encroaches or may encroach the notice zone or growth limit zone in respect of power lines belonging to Unison; and
- that power line is situated on the land on which the tree is growing, or on adjoining land.
- the tree was planted in the vicinity of Unison’s existing network before the commencement of the Electricity (Hazards from Trees) Regulations 2003; and
- at the time of planting, you (the tree owner) believed on reasonable grounds that the tree, when fully grown, would not interfere with any power lines.
- the tree was planted in the vicinity of Unison’s existing network after the commencement of the Electricity (Hazards from Trees) Regulations 2003; and
- at the time of planting, you (the tree owner) believed on reasonable grounds that the tree, when fully grown, would not encroach on a growth limit zone.
Process for Declaring No Interest
To declare ‘No Interest’ in a tree on your property, download and complete the Declaring No Interest notice.
Conditions of Declaring No Interest
Important things you should know about declaring No Interest:
Liability of the encroaching tree will shift to Unison 20 working days after the date Unison receives the No Interest Notice.
If Unison receives a No Interest Notice, we may cause the tree to be felled or trimmed to an extent determined by us at any time – therefore, any recommended action recorded on a previous notice is automatically superseded and becomes void.
If the owner/occupier wishes to declare ‘No Interest’ in a tree for which a Cut or Trim Notice has been issued, the owner/occupier must complete and submit the No Interest Notice to Unison, no later than 10 working days after the date on which the Cut or Trim Notice was received. You must fill out one form for each tree; multiple trees cannot be added to one form.
A No Interest Notice can be immediately rescinded if the owner/occupier declaring ‘No Interest’ refuses entry to the land for the purpose of felling or trimming the tree.
An owner/occupier may rescind a No Interest Notice at any time by informing Unison in writing that the notice is rescinded.
The No Interest Notice will have no effect if the owner/occupier is a local authority and the tree in question is subject to clearance or pruning restrictions under a district plan (as defined in section 2(1) of the Resource Management Act 1991).
- If a No Interest Notice has been rescinded or is of no effect, the Electricity (Hazards from Trees) Regulations 2003 will then apply, as if the No Interest Notice had not been issued.