The regulations
The Electricity (Hazards from Trees) Regulations 2003 apply to:
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Electricity network lines. They do not cover service lines (the lines that run from the network in the street to a house or building).
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ALL trees – whether on private or public land – which are growing into network lines, unless they are covered by a previous agreement.
The regulations are designed to protect the safety of the public and the security of the supply of electricity by:
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Specifying safe distances (growth zones) from network lines
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Setting rules about who has responsibility for cutting or trimming trees that encroach on electricity network lines
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Assigning liability if those rules are breached
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Providing an arbitration system to resolve disputes between electricity network lines owners and tree owners about the operation of these regulations.
The regulations are administered by Energy Safety, a government agency of the Ministry of Economic Development. You can download a full copy of the Electricity (Hazards from Trees) Regulations 2003 from the Energy Safety website.
Complying with the regulations
Electricity network companies and tree owners must comply with the requirements of the regulations and are both liable for financial penalties if they fail to comply.
A notice to cut or trim a tree cannot be ignored
Tree owners must comply with the notice in the time stated or they face a fine of up to $10,000. They could also be liable for costs if electricity lines or equipment are damaged by a tree. Vector is committed to complying with the regulations and to keeping our network safe. Where tree owners fail to comply with a cut or trim notice, we will escalate the matter to Energy Safety - the government regulator for ensuring the safe supply and use of electricity and gas in New Zealand.
Dispensation
Tree owners are entitled to request dispensation from a notice to cut or trim a tree. However, dispensation cannot be granted for a tree which is inside the growth limit zone. When a tree owner requests dispensation, Vector will arrange for a professional arborist to check whether or not the tree is inside the growth limit zone and to consider other safety issues required by the regulations. Once we receive the results of this inspection, Vector will fully consider the request and a formal response will be sent within four weeks.
Arbitrators
The Minister of Economic Development is responsible for appointing arbitrators to hear and determine disputes between tree owners and network owners. The regulations allow a tree owner to contact an arbitrator in the case of a dispute if:
a) The network owner has refused to grant a dispensation which the tree owner believes should have been granted, or
b) A dispensation has been granted but the tree owner does not agree with its terms.
More information and contact details for the arbitrators are provided on the Energy Safety website. Any other disputes should be taken to Energy Safety.
