New Zealand legislation, quoted verbatim · 9 provisions indexed
Electricity (Hazards from Trees) Regulations 2003
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Provision 1
The zones around a conductor, and the notice zone that was revoked on 23 July 2026
Regulation 4(1) defines the spaces around a line. "growth limit zone, in relation to a conductor, has the meaning set out in Schedule 2 that applies to the conductor". "cut-back zone, in relation to a conductor, means the space that extends no more than 1 metre beyond the growth limit zone for the conductor". "hazard warning notice zone, in relation to a conductor, means the space that extends no more than 2 metres beyond the growth limit zone for the conductor". "treefall hazard zone, in relation to a conductor, means the space that extends horizontally no more than 24 metres beyond the growth limit zone for the conductor". "tree includes any tree, shrub, or plant, or any part of a tree, shrub, or plant". "protected tree means a tree that is subject to clearance or pruning restrictions under a district plan". The amendment notes on the same regulation record the change that dates every older explainer: "Regulation 4(1) notice zone: revoked, on 23 July 2026, by regulation 4(4) of the Electricity (Hazards from Trees) Amendment Regulations 2026 (SL 2026/189)." and "Regulation 4(1) hazard warning notice zone: inserted, on 23 July 2026, by regulation 4(3)" of the same amendment. Anything that still says notice zone is describing the law before 23 July 2026.
Provision 2
Every zone is measured at maximum design sag, not where the line hangs today
Regulation 4(2) sets the measurement rule, and it is the one most often got wrong on site: "For the purposes of these regulations, any distance stated in respect of a hazard warning notice zone, cut-back zone, treefall hazard zone, low-height planting zone, growth limit zone, or dispensation zone that is applicable to a conductor must be measured on a basis that takes into account maximum design sag." A conductor sags further on a hot, heavily loaded day than on the day of the inspection, so the zone is measured from where the line will be at its lowest, not from where it is when the crew stands under it. A clearance measured on a cold morning can be inside the zone by afternoon without anything having grown.
Provision 3
Growth limit zone distances for short spans up to 11 kV, Schedule 2 clause 1
Schedule 2 clause 1 applies to a conductor with a span of less than or equal to 150 metres and a voltage of less than or equal to 11 kilovolts where the part is in an urban area, and to any conductor with a span of 150 metres or less that is an aerial bundled conductor or is insulated by other means. For those conductors: "Growth limit zone, in relation to the conductor, means the space surrounding the conductor that extends no more than the specified distance from the conductor in any direction from any point on the conductor." The specified distance is 1.6 metres for an 11 kV conductor, 0.5 metres for a 400/230 V conductor, and 0.5 metres for any voltage where the conductor is an aerial bundled conductor or is otherwise insulated. Longer spans, higher voltages and uninsulated conductors outside an urban area are dealt with in the later clauses of the same schedule, which extend the zone upwards.
Provision 4
The two notices, and the trap that you are noticed at one zone and must cut back to another
A hazard warning notice is discretionary. Regulation 6(1): "If a works owner becomes aware of a tree encroaching the hazard warning notice zone but not the growth limit zone in respect of a conductor belonging to that works owner, that works owner may give a hazard warning notice to the tree owner." Regulation 7 states its purpose: "to warn a tree owner that a tree encroaches a hazard warning notice zone and must not encroach a growth limit zone". A cut or trim notice is not discretionary. Regulation 8(2): "If a works owner becomes aware of a tree encroaching the growth limit zone in respect of a conductor belonging to that works owner, that works owner must give a cut or trim notice to the tree owner." Then regulation 10(1): "A tree owner who is given a cut or trim notice must cause the tree to which the notice relates to be cut or trimmed so that it does not encroach the cut-back zone for the conductor to which the notice relates." The notice is triggered by the growth limit zone; the work has to clear the cut-back zone, which is a further metre out. Cutting back only to the growth limit zone does not discharge the obligation.
Provision 5
The 10, 25 and 45 working day deadlines for cutting after a cut or trim notice
Regulation 10(2) sets the time limits: "A tree owner must cause the tree to which the notice relates to be cut or trimmed within the following time limits: (a) if the tree owner received a cut or trim notice within 3 months after receiving a hazard warning notice, no later than— (i) 10 working days after the date on which the tree owner received the cut or trim notice, if the tree is able to grow at least 1 metre in 1 month in the climatic conditions prevailing in the area where the tree is located; or (ii) 25 working days after the date on which the tree owner received the cut or trim notice, if subparagraph (i) does not apply to the tree; or (b) if an arbitrator has made a decision under regulation 31, and the arbitrator specifies a time limit within which the tree must be cut or trimmed, that time limit; or (c) in any other case, no later than 45 working days after the date on which the tree owner received the cut or trim notice." So the deadline depends on whether a hazard warning notice came first, and on how fast the species grows.
Provision 6
Tell the works owner at least 3 working days before the tree is cut, or it is an offence
Regulation 10(3) is the scheduling rule a contractor lives with: "A tree owner who is given a cut or trim notice by a works owner must, at least 3 working days before the tree is cut or trimmed, advise the works owner of the time and location of the cutting or trimming of the tree." The works owner is the owner of the line; for Whanganui that is Powerco, which is why the notice goes to Powerco before the crew is booked. Failing to give that advice is a separate offence in its own right. Regulation 26(1)(b) makes a person commit an offence who, "in contravention of regulation 10(3), fails, without reasonable excuse, to advise the works owner of the time and location of the cutting or trimming of the tree." It is not a courtesy call and it is not satisfied by telling them on the day: the advice has to be at least 3 working days ahead of the cut.
Provision 7
Treefall hazard notices from 23 July 2026: a 24 metre corridor, and written arborist advice required
Subpart 4 was inserted on 23 July 2026 and reaches trees that are nowhere near the growth limit zone. Regulation 11A(1): "A works owner may give a tree owner a notice under this subpart (a treefall hazard notice) if— (a) the tree is within the treefall hazard zone for a conductor belonging to the works owner; and (b) the works owner has assessed, in accordance with Schedule 3, that the tree is a high treefall hazard or a moderate treefall hazard." The treefall hazard zone extends horizontally no more than 24 metres beyond the growth limit zone, and the remedy is removal rather than trimming. Schedule 3 clause 3(2) says what the assessment must rest on: "In carrying out the assessment, the works owner must consider— (a) written advice from a suitably qualified and experienced arborist, including about the application of the fall-likelihood factors to the tree; and (b) any other relevant matters." A lines company cannot lawfully complete a treefall hazard assessment without written advice from a suitably qualified and experienced arborist.
Provision 8
Penalties: a fine not exceeding $10,000, and $500 for every day it continues
Regulation 26(1) makes it an offence for a tree owner given a cut or trim notice to fail, without reasonable excuse, to cause the tree to be cut or trimmed in accordance with regulation 10, or to fail to give the advice required by regulation 10(3). Regulation 26(1A) and 26(1B) added the same pattern for treefall hazard notices on 23 July 2026. The penalties for failing to cut or trim after a notice are set by regulation 26(2): "A person who commits an offence against this regulation is liable on conviction to— (a) a fine not exceeding $10,000; and (b) if the offence is against subclause (1) and a continuing one, a further fine not exceeding $500 for every day or part of a day during which the offence continues." Regulation 27 applies the same penalties to a works owner that fails to give a cut or trim notice when it is aware of an encroachment.
Provision 9
Who pays: the first cut is on the works owner, every cut after that is not
Regulation 11 applies where the works owner gives a cut or trim notice, the tree "has not previously been the subject of a cut or trim notice under these regulations", it was not subject to the Trees (Electric Lines) Regulations 1986, there is no existing cost agreement, and no no-interest tree notice has been given. Where it applies, regulation 11(2): "The works owner must meet the reasonable costs of the cutting or trimming referred to in the cut or trim notice (whether undertaken by the tree owner under regulation 10 or by the works owner under subclause (3))." Exceptions were added on 23 July 2026 by regulation 11(2A), including where the tree owner refused the works owner consent to enter and do the work. In practice the first cut on a tree is paid for by the lines company and every subsequent cut is paid for by the tree owner.