Frequently Asked Questions (FAQ)

Trees, Fences, Neighbours Questions

• I want to build/ replace my boundary fence where it adjoins the Council Reserve. Will the Council contribute towards the cost?
• If I have a dispute about building/replacing my boundary fence what can I do?
• What are my rights regarding the fence between my property and my neighbour's?
• What is Councils Basis for Fence Contribution?
• A tree on a neighbour's property is overhanging/shading/ causing a problem on my property. What can the Council do about it?
• If I have a dispute about a neighbours tree that is causing problems on my property what do I do?
• A tree on a neighbour's property is growing to high. Does the Council have a height restriction on trees on private property?
• A Council owned tree is blocking my view. Can it be topped or cut down?
• Leaves are blowing onto my property from trees on the adjacent reserve or road reserve. Will Council pick up the leaves?
• The street in which I live has no trees in the road reserve. Will council plant any trees?
• Does the Council encourage the planting and retention of trees in the city?
• I have a tree on my property which I think is worthy of being protected, do Council protect trees on private property?
• Who is responsible for trimming trees overhanging roads/footpaths?

Questions and Answers

Q. I want to build/ replace my boundary fence where it adjoins the Council Reserve. Will the Council contribute towards the cost?

• Yes, within the requirements of the Fencing Act 1978. However this does not apply to fences on road reserves boundaries or where a convenant exists absolving Council from contributing. Consumer Online - Fencing Law, legal rights.

Q. If I have a dispute about building/replacing my boundary fence what can I do?

• Details about disputes can be found on the following websites. Disputes Tribunal: Simple Justice

Q. What are my rights regarding the fence between my property and my neighbour's?

• For commonsense guidence check "Consumer Online-fencing law, legal rights". Consumer Online - Fencing Law, legal rights

Q. What is Councils Basis for Fence Contribution?

• Council contributes towards boundary fence costs on the basis of the current cost of a standard fence. Other types of fences may be considered for a contribution. The amount of such contribution will be determined by negotiation between the parties. For enquires regarding a fencing contribution contact the Building Maintainence Officer, Napier City Council, phone +64 6 835 7579.

Q. A tree on a neighbour's property is overhanging/shading/ causing a problem on my property. What can the Council do about it?

• The Council has no jurisdiction over and does not become involved in issues relating to trees on private property, unless they are obstructing parts of public footpaths or roadways. Consumer Online - Trees and Neighbours, legal rights

Q. If I have a dispute about a neighbours tree that is causing problems on my property what do I do?

• Details about disputes can be found on the following websites: Disputes Tribunal: Simple Justice

Q. A tree on a neighbour's property is growing to high. Does the Council have a height restriction on trees on private property?

• The Council has no height restrictions on trees either in the District Plan or in the Napier City Council consolidated By-laws.

Q. A Council owned tree is blocking my view. Can it be topped or cut down?

• Council Policy is that trees shall not be topped or removed for the protection of views. Topping trees invariably leads to further problems later, as the resultant re-growth of branches is significantly weaker and prone to breaking in high winds.

Q. Leaves are blowing onto my property from trees on the adjacent reserve or road reserve. Will Council pick up the leaves?

• No, Councill will not pick up leaves, which have blown on to private properties. Also the Council does not require property owners to pick up leaves which blow from their properties onto reserves or road reserves.

Q. The street in which I live has no trees in the road reserve. Will council plant any trees?

• The Councils policy is to plant appropriate trees in road reserves, providing that there are no overiding infrastructural reasons not to put trees in a particular location.

Q. Does the Council encourage the planting and retention of trees in the city?

• Yes, the Resource Management Act required Council to have particular regard to the maintainence and enhancement of both amenity values and the quality of the environment to the amenity of Napier City.

Q. I have a tree on my property which I think is worthy of being protected, do Council protect trees on private property?

• No, the Council only registers Protection Orders for trees on Council land. However you may enter into a private convenant to protect your tree. For information on how to enter a Protection Covenant, contact Napier City Council, Planning Department, phone (06) 835 7579

Q. Who is responsible for trimming trees overhanging roads/footpaths?

• Council is required to ensure that there is 4.2 metres clearance over the carriageway and 2.4 metres over the footpath. Council is responsible for it's own trees/vegetation in this regard and property owners for theirs. When a complaint regarding overhanging private vegetation is received a standard letter is issued to the owner/occupier as appropriate. This is followed by a house visit if necessary. If there is still no result our own forces will carry out the work at the owner's cost.