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New Zealand legislation, quoted verbatim · 3 provisions indexed

Telecommunications Act 2001, sections 128 to 132

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Text capture of public Tree Truck material. The link opens the live original. Nothing here came from a Tree Truck system.

Provision 1

Section 128: a network operator may request removal or trimming, and that is all

The telecommunications regime for trees is a request, not a zone. Section 128, Request for removal or trimming of trees, in full: "If a tree, shrub, or plant on any land or road interferes with, or is likely to interfere with, a line, the network operator who uses the line may request the owner or occupier of the land, or local authority or other person who has control of the road, to remove or trim the tree, shrub, or plant." Two things follow from the words. There is no prescribed distance, no growth limit zone and no deadline anywhere in these sections, so nothing is measured. And the request may be made to the local authority or other person who has control of the road, which means a council can be the recipient of a request about its own street trees.

Provision 2

Sections 129 and 130: 10 working days notice, then the District Court decides

Section 129(1): "If an owner, occupier, a local authority, or other person fails to comply with a request made under section 128, the network operator who uses the line may apply to the District Court for an order authorising the network operator to remove or trim the tree, shrub, or plant in respect of which the request was made." Section 129(2): "The network operator must give the owner, occupier, local authority, or other person who fails to comply with the request at least 10 working days’ notice of the operator’s intention to apply to the District Court under subsection (1)." Section 130, Court order: "On being satisfied that a tree, shrub, or plant on land interferes with, or is likely to interfere with, a line, the District Court may make an order on any terms and conditions (including those relating to notice and time of removal or trimming) that the court thinks fit." Ignoring a request is not an offence and carries no fine; it moves the matter to court.

Provision 3

Sections 131 and 132: who pays after a court order, and entry in an emergency

Section 131, Costs of removal or trimming of trees: "If a network operator removes or trims a tree, shrub, or plant on any land or road under the authority of an order made under section 130, the owner, occupier, local authority, or other person to whom notice of the application under section 129(2) was given is liable for the reasonable cost of the work of the network operator." Section 132(1), Removal of trees, etc, in emergency: "If a tree, shrub, or plant on any land or road is, or is likely to, cause imminent danger to, or serious interference with, a line, the network operator may— (a) enter the land or road where the tree, shrub, or plant is rooted or overhangs; and (b) do work in respect of the tree, shrub, or plant that is necessary to remove the danger or serious interference, or likely danger or serious interference." Section 132(2) requires the operator to notify the occupier or the road controlling authority of that intention "if it is possible in the circumstances", and section 132(3) requires notice after the event where it was not.

Concept demo by Brim Consultancy and Emertech — no access to any Tree Truck system; every record simulated. This is a text capture made for the demo, not a copy of the page. Wording is paraphrased apart from short quoted fragments and specification figures, which are copied exactly as the source prints them, including its own typos.