Trees with amenity value – Claiming an Interest

Where trees owned by a local authority (e.g. FNDC and Transit) have declared no-interest in a tree but Top Energy believes that the tree may have amenity value for the owner of any land that is situated within a 50-metre radius of the tree, Top Energy will consult with the land owner.

The land owner may give written notice to Top Energy that he or she is interested in the tree and wishes to be treated as the tree owner. In which case the tree will be cut to provide clearance to outside the Notice Zone and the property owner who has claimed an interest then takes financial responsibility for maintaining the tree in the future and for any damage it might cause to the power lines.

 

Dispensation and Arbitration

A tree owner who receives a Cut or Trim Notice or Hazard Warning Notice may in exceptional circumstances apply to Top Energy for dispensation for a reduced Growth Limit Zone. Exceptional circumstances may include the age, rarity or cultural significance of the tree.

If Top Energy grants a dispensation then the tree owner must maintain the tree so that it does not encroach into a reduced Growth Limit Zone. If the tree does encroach the reduced Growth Limit Zone, Top Energy may revoke the dispensation.

A tree owner must apply for a dispensation in writing (and as specified in the Regulations) within 5 working days of receiving a Cut or Trim Notice or at any time having received only a Hazard Warning Notice.

If Top Energy refuses to grant a dispensation and the tree owner believes that a dispensation should have been granted, then the tree owner may apply for independent arbitration under provisions included in the Regulations. Application to an arbitrator must be made no later than 5 days after the tree owner received Top Energy’s written notice of refusal for dispensation.