Tree consent (Auckland)

What this application is

Auckland Council says no class or species of tree has automatic protection, except on the Hauraki Gulf islands, where a number of vegetation rules apply. According to the council, a tree may be protected because it is listed in a district plan as a notable or scheduled tree, by a condition of an earlier resource consent, by a covenant or consent notice on the title, or by a general tree protection rule in a rural environment. The council also says trees in a Significant Ecological Area have an additional level of protection, and that trees and vegetation other than pest species may be subject to rules if they are within 20 metres of stream or river banks, within 20 metres of steep coastal cliffs and within 150 metres of the high tide mark, or within or close to sensitive coastal or wetland areas.^[1][7]

Auckland Council says that if a tree is protected through district plan rules, a resource consent is needed to cut it down, work around it, trim or prune it, because the work may destroy it or cause irreparable damage. It gives examples of works near a protected tree, such as excavation, building decks, fences or retaining walls, and depositing or storing material beneath branches and around roots.^[2]

Notable trees are listed in the notable tree schedule of the Auckland Unitary Plan or of the Hauraki Gulf Islands section of the Auckland Council District Plan. Auckland Council says a notable tree cannot be cut down or removed unless it approves a resource consent. For notable trees specifically, the Unitary Plan's Notable Trees Overlay makes trimming or alteration that meets set standards a permitted activity, while removing a notable tree is a discretionary activity.^[8][9]

The Unitary Plan sets tree and vegetation rules in several chapters. The Notable Trees Overlay (D13), trees in open space zones (E16) and trees in roads (E17) are rules under section 9(3) of the Resource Management Act 1991, which covers district rules. The vegetation management and biodiversity chapter (E15) has rules under both section 9(2), which covers regional rules, and section 9(3). The plan also says work on trees in open space zones needs the approval of the council's Tree Asset Manager or the appropriate landowner, and work on trees in roads needs the approval of Auckland Transport.^{[9][3][10][11][12]}

A tree consent application in Auckland Council's list shows that someone applied for consent for tree or vegetation work, not that the work was approved. Auckland Council says it processes resource consent applications for trees within 20 working days and tells the applicant the decision by email or post.^[13][14]

What neighbours can do

Auckland Council publishes a weekly list of resource consent applications lodged in the last 26 weeks, and its Regional Planning Helpdesk can give details about specific applications.^[13]

Auckland Council says that if branches or roots from a tree on a neighbouring property cross the boundary, a person may be able to trim them, but must first check whether any rules or resource consent requirements apply. The council suggests talking with the neighbour to try to solve tree problems amicably, and says people can report a problem so the council can check whether a tree is protected or council-owned. As a final step, it says a person whose life or property is diminished or endangered by a neighbour's tree can apply for a court order requiring the neighbour to trim or remove it.^[7]

An applicant may ask a person who is likely to be affected for written approval. Auckland Council says it accepts only unconditional approval, and that if a person gives written approval it does not consider the effects on them when deciding whether to notify the application or whether to grant it. It says a person who gave approval cannot appeal the decision once the consent is granted.^[15]

Auckland Council says a person can change their mind until a decision is made on the application, even after giving written approval, and should confirm a withdrawal in writing as soon as possible because the council may need to notify the application.^[15]

Submissions can be made only on notified applications. If an application is publicly notified, anyone may make a submission; if it has limited notification, only people served with notice of it may, with some limits set out elsewhere in the Act. A submission can support or oppose the application, or be neutral. Under section 120, apart from the applicant (and, for some coastal permits, the Minister of Conservation), only people who made a submission can appeal the decision to the Environment Court.^[16][17]

Auckland Council says public notices of notified applications appear in newspapers and, for some parts of the region, on its resource consent public notices page.^[18][19]

Notification

Auckland Council says it processes almost all resource consent applications without notifying the public.^[18]

The Unitary Plan's tree and vegetation chapters say applications are subject to the normal tests for notification under the Resource Management Act 1991. The exception is an application for a controlled activity under the Notable Trees Overlay or the vegetation management chapter, which the plan says is considered without public or limited notification or the need for written approval from affected parties unless the council decides special circumstances exist under section 95A(9). The plan text, as accessed on 12 October 2026, still refers to section 95A(9). The Planning Act 2026 repealed section 95A(9) for applications lodged from 30 October 2026.^{[9][3][10][11][20][4]}

Under section 95A of the Resource Management Act 1991, the council must publicly notify an application if the applicant asks for it, and in a few other set cases, such as when the applicant does not provide further information the council has asked for. Otherwise, unless public notification is precluded (for example by a rule or national environmental standard, or because the application is only for controlled activities or boundary activities), the council must publicly notify an application when a rule or national environmental standard requires it, or when it decides the activity will have, or is likely to have, adverse effects on the environment that are more than minor. For applications lodged before 30 October 2026, it also publicly notifies an application when it decides special circumstances warrant it. The Planning Act 2026 repealed that step for applications lodged from that date.^{[21][22][20][4]}

When deciding whether adverse effects are more than minor for public notification, section 95D says the council must disregard, among other things, effects on the owners and occupiers of the site and of adjacent land, and effects on anyone who has given written approval. Effects on particular people are considered when the council decides on limited notification.^[23][24]

A consent for an activity that would otherwise breach section 9 is a land use consent, and the Unitary Plan's Notable Trees Overlay (D13), trees in open space zones (E16), trees in roads (E17) and part of the vegetation management chapter (E15) are district rules under section 9(3). For district land use consent applications lodged from 30 October 2026, the Planning Act 2026 amended sections 95D and 95E so that, when deciding on public notification and on who is an affected person, the council must also disregard the effects listed in section 104(1A), which include views from private property. On that basis, this applies to applications under the plan's district tree rules, not to applications under the regional rules in E15 made under section 9(2).^{[20][4][25][9][3][10][11]}

If an application is not publicly notified, section 95B requires the council to decide whether to give limited notification. It must notify certain groups, such as affected protected customary rights groups, and, unless limited notification is precluded, each person it decides is an affected person. Under section 95E, a person is affected if the activity's adverse effects on them are minor or more than minor, but not less than minor. A person is not affected if they gave written approval and did not withdraw it before the council decided who is affected, or if the council is satisfied it is unreasonable in the circumstances for the applicant to seek their approval. Limited notification is precluded in some cases, for example when the application is only for a controlled activity under a district plan, other than a subdivision. The council may also notify other people if special circumstances warrant it.^[24][26][18]

When deciding who is an affected person under section 95E, the general rules of the Auckland Unitary Plan say the council will give specific consideration to entities responsible for resources the activity may affect. These include the network utility operator for infrastructure, Heritage New Zealand Pouhere Taonga for historic heritage, the Minister of Conservation for natural resources and the coastal environment, the Tūpuna Maunga Authority for maunga, and the iwi authority for sites of significance or value to Mana Whenua.^{[27][9][3][10][11]}

Submissions close on the 20th working day after the application is publicly notified or given limited notification. For limited notification, the council may close submissions earlier once every affected person has made a submission, given written approval or said in writing that they will not make a submission.^[28][18]

In Auckland

The Unitary Plan's vegetation management rules do not cover the Hauraki Gulf islands that are subject to the Auckland Council District Plan (Hauraki Gulf Islands section); the rules of that district plan apply there. Auckland Council publishes separate guidance on vegetation clearance for those islands.^[3][7]

Auckland Council says that for extensive works an applicant may also need an arborist's report written by a qualified arborist, and possibly an ecological or landscape report. It says it is best to check with the council before starting any work on or near a tree.^[2][14][1]

Read the council's own guidance

• Working on or around protected trees, Auckland Council
• Tree work rules for your property and neighbouring properties, Auckland Council
• Notable trees, Auckland Council
• Apply for a resource consent to work on or around protected trees, Auckland Council
• Auckland Unitary Plan, D13 Notable Trees Overlay, Auckland Council
• Notified resource consents, Auckland Council