The council sent me a notice saying that a tree in my garden is a hazard and must be removed. I love the tree and I think it is healthy. Can they force me, and can I challenge it? I want to make sure I am not missing anything important before I decide what to do.
A council can act in limited circumstances. If the tree is actually dangerous, the council might rely on local bylaws or its powers under the Local Government Act 2002 to deal with hazards, and a neighbour whose property is affected can also apply for an order under the Property Law Act 2007. If the tree is protected under your district plan, you generally need consent to remove it and the council may not demand removal without process. Ask the council for the legal basis in writing and the evidence, such as an arborist's report. You can obtain your own arborist assessment and provide it, and if the council persists, you may challenge the decision through its internal review, the Ombudsman or judicial review.
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