Media release | Wednesday 29 June
Upper Hutt’s tree protection rules supported through Environment Court declaration
The future of tree protection in the Residential Conservation and Residential Hill areas of Upper Hutt looks more certain following an Environment Court judgment.

UPPER HUTT, Wellington NZ, 29 June 2011— The Upper Hutt District Plan contains zone-based rules protecting trees in the Residential Conservation and Residential Hill zones of the City, in order to maintain the special character of these areas.

Upper Hutt City Council recently joined declaration proceedings in the Environment Court sought by North Shore City Council and Waitakere City Council (both now part of the Auckland Council). Upper Hutt has similar tree protection rules to those tested by the Auckland Council. The councils sought a declaration in response to amendments to the Resource Management Act (RMA) in 2009 which limited the ability of District Plans to have ‘blanket’ tree protection rules. The amendments were to take effect as of 1 January 2012.

The RMA Amendment Act 2009 introduced provisions that restricted the ability of district plans to contain tree protection rules—with some exceptions. As part of its decision, the Environment Court determined that a zone-based approach to tree protection is a valid exception, provided such an approach is justified.

“The declaration appears to confirm that existing tree protection rules in Upper Hutt based on a spatial approach remain valid. We are considering the judgment further in terms of the Upper Hutt context, including whether the existing rule and the areas to which it applies needs to be reviewed. We will contact affected property owners in regard to this, before 1 January 2012 to make sure all affected residents are aware of the future of our tree protection rules” says Upper Hutt City Council Director of Environmental Services, Richard Harbord.

The Environmental Court decision document is available on the Upper Hutt City Council website: www.upperhuttcity.com/planning

ENDS

About Upper Hutt City Council
Upper Hutt City Council is the steward and custodian of Upper Hutt City, providing governance, infrastructure, and community services and resources, and promoting opportunity in the city for business, recreation, lifestyle, and leisure. Upper Hutt City is located 30 km north-east of Wellington City (41°07'34" S, 175°04'06" E) and boasts 70% of the region’s parks and reserves, along with state-of-the-art entertainment and leisure facilities.

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