Neighbour tree law in New Zealand: Property Law Act 2007 sections 332 to 338, the Disputes Tribunal and the District Court

This page reports what the official source says. It is not legal advice: ask the office named here. It restates one community law manual and two district council pages as read on October 8, 2026. The Act's own text is not among the sources, so the section numbers below are the ones those pages give, and no section wording is quoted.

What the pages say about branches and roots

The Community Law manual says the law lets a person cut back branches or roots of a neighbour's tree that encroach on their property, as far as the neighbour's boundary, and that it is always best to talk to the neighbour first. Central Hawke's Bay District Council calls this cutting back "abatement". The manual says fruit or flowers on overhanging branches belong to the tree owner. A Waimakariri District Council fact sheet adds one line: not to do anything that could damage or destroy the tree.

Central Hawke's Bay District Council says that, according to the Property Law Act 2007, property owners are responsible for any nuisance or damage their trees cause to neighbours, even if the trees were planted before they bought the property. It calls this a civil matter between the two neighbours and says the council has no jurisdiction in it.

The sections the pages name

Central Hawke's Bay District Council points to sections 332 to 338 of the Act for a case where neighbours reach an impasse. Its list of problems the Act may deal with is roots blocking drains, roots damaging paths, fences or lawns, leaves blocking spouting or drains, branches growing over the boundary, trees blocking sunlight or a view, trees pushing a boundary fence over, and old or dying trees that may fall. Waimakariri District Council names section 333 as the section that defines a property owner's responsibilities.

The Community Law manual describes the District Court application in more detail, citing sections 332(b), 335(1), 336(2) and 337(1) and (2). It says "tree" in this context includes any kind of shrub or plant, and that a judge will only grant an order if it is fair and reasonable to remove or trim the tree and doing so is necessary to remove or prevent one of five problems. The five are a risk to someone's life, health or property, an undue obstruction of a view, an unreasonable interference with growing trees or crops, an unreasonable interference with use and enjoyment of the property from fallen leaves, flowers, fruit or branches or from light, and an unreasonable interference with drains or gutters from leaves or roots. The judge must also be satisfied that the hardship to the applicant if nothing is done is greater than the hardship to the neighbour. The manual adds that judges are cautious about making these orders.

It lists other factors a judge takes into account where relevant, including Māori cultural values, the public interest in an attractive environment, the importance of protecting public reserves, whether the tree has historical, cultural or scientific significance, effects on ground stability, the water table or run-off, and whether the problem already existed when the applicant bought or rented. It says that if a tree is protected under the Resource Management Act 1991, the judge can order it removed or trimmed only if it is a risk to someone's life, health or property.

Who pays and the 20 working days

The manual cites sections 333, 337 and 338 on cost. It says the applicant pays the reasonable cost of the work unless the neighbour's behaviour makes it fair to order the neighbour to pay some or all, and that the judge can order compensation for damage done while the tree is removed or trimmed. Under sections 338(1), (3) and (5), it says the neighbour has 20 working days to carry out the order unless the judge allows more time. After that the applicant can ask the neighbour or the judge for permission to enter and do the work, and can recover the full cost from the neighbour.

Which court

Central Hawke's Bay District Council says a Disputes Tribunal can hear claims for damage to property, such as damage to drains, driveways, foundations and fences. It says a referee generally cannot hear claims about loss of light, sunshine or views, or about removing or trimming a tree. Those, and claims above the Tribunal's monetary limit, go to a District Court. The council page gives dollar limits that are out of date, because the Disputes Tribunal Amendment Act 2025 raised the limit, so no dollar limit is repeated on this page. The Community Law manual says a Disputes Tribunal or the District Court can be asked to award the cost of removing encroaching parts and repairing damage.

The manual also covers trees near power lines under the Electricity (Hazards from Trees) Regulations 2003. Protected trees are covered in the guide on council tree rules in Australia and New Zealand, and the other places are on the neighbour tree law overview.