The NZ Notable Trees Trust has raised concerns about how proposed resource management reforms could affect the protection of historic and notable trees, warning of potential unintended consequences for long-standing planning provisions.

The Trust recently presented an oral submission to Parliament’s Environment Select Committee, following a written submission on the Natural Environment Bill and Planning Bill.

Trustee Brad Cadwallader said the organisation supports reform of the Resource Management Act (RMA), but is concerned about how the new system will be implemented.

“Our concern is not whether reform occurs, but how it is implemented,” he said.

Cadwallader said notable trees occupy a distinct category within New Zealand’s landscapes and communities.

“Unlike buildings or infrastructure, a mature tree cannot simply be replaced. When these trees are lost, the environmental, cultural, and landscape values they embody are lost permanently.”

The Trust identified several areas of concern in the proposed legislation.

One relates to regulatory relief provisions, which could expose councils to compensation or legal risk if trees are scheduled for protection.

Cadwallader said this could have a “chilling effect” on local authorities.

“Over time, that risk could discourage councils from retaining or introducing notable tree protections.”

The Trust also raised questions about where responsibility for tree protection will sit under the new system.

Currently, territorial authorities manage notable tree schedules through district plans. However, the proposed reforms create some uncertainty about whether this function will remain within planning frameworks or shift toward heritage-based systems.

Cadwallader said many notable trees are recognised for a wider range of values than traditional heritage criteria.

“Trees are often protected not just for historic reasons, but for their ecological, landscape, and community significance.”

A further issue is the absence of a national inventory of protected trees.

Cadwallader said there is currently no consolidated dataset identifying how many notable trees are legally protected across the country.

“Without a clear national baseline, it’s difficult to assess the scale of any proposed changes or the implications of transferring responsibility.”

The Trust has recommended that the new legislation retain clear provisions enabling councils to identify and protect notable trees, ensure existing protections are carried over into the new system, and establish a national baseline before any structural changes are made.

Cadwallader said the reforms present an opportunity to improve consistency, but warned that clarity would be critical.

“With the right settings, reform could strengthen how notable trees are protected. Without that clarity, there is a risk those protections could gradually erode.”

The Environment Select Committee is currently considering submissions on the proposed legislation.

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