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likaren2014 发表于 2016-2-12 19:30 
是 你说的有道理 我之前有读过相关的法律 说是剪下的树枝归树的拥有者 但是我不确定现在法律有没有变动 ...
這是Waitakere City Council email 回覆
Thank you for your email.
If neighbour's trees overhang a boundary, appear dangerous, or block sunlight, or if their roots cause problems with drains, the matter is to be sorted out between the neighbours. Branches or roots crossing a boundary can generally be removed, provided that the work does not kill the tree or require a resource consent. The law indicates that these branches should be returned to the owner of the tree. However, if a decision is reached between the neighbours to either remove or prune a tree, then a resource consent may be required from Council.
According to the Property Law Amendment Act 1975 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. Council does not get involved in neighbourhood disputes about trees. If the matter cannot be resolved amicably, legal advice may be required. A Citizens Advice Bureau can give further advice on this 0800 367 222.
For emergency situations requiring the urgent removal of a private tree (ie where it is about to fall on a house, has just fallen or split or may cause
injury) it may be possible to have it removed by a professional arborist without prior consent if the customer has written advice from a professional arborist that the tree requires urgent removal and has documented evidence to back up this written advice (such as photographs of the situation showing the urgency and associated state of the tree). Onus of proof will lie with the arborist or tree owner to substantiate the tree was immediately hazardous and that there was no time to apply for a consent for removal. Arborists can be found in the Yellow Pages under 'Tree Services' and many offer after hours service.
If the neighbour is not available to sort the situation out themselves, you should take the advice of a professional arborist (which can be found in the Yellow Pages under 'Tree Services') who will be able to advise whether the tree poses a threat.
I hope this information of help for you.
Please don't hesitate to contact us again at www.waitakere.govt.nz, or phone our Call Centre on 09 839 0400 (24 hours, 7 days a week), if we can be of any further assistance.
Kind regards
Sheryll Giles
Customer Services Representative |
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发表于 2016-2-13 06:56:55
