Tree protection in Christchurch : the legal aspects : a major design study submitted in partial fulfilment of the requirements for the Diploma of Landscape Architecture at Lincoln College, University of Canterbury

Abstract

The object of this dissertation is to discuss the legal aspects of tree protection in Christchurch. This will involve considering the measures taken to protect trees by the 5 Christchurch local authorities - Christchurch City, Waimairi District, Riccarton Borough, Heathcote County and Paparua County Councils - and the legislation empowering them to do so although other legislation and tree protection methods will also be covered.

Trees are an integral part of the urban environment. They enhance buildings, define and link open spaces, provide shelter and shade, help cleanse the polluted air and may be of some historic or scientific interest. In Christchurch they also are largely responsible for the garden city image which is such an essential part of the character of the city and it is important that effective measures are taken to ensure their protection.

The concept of providing legal protection for trees in urban areas is a recent one. Early attempts to legislate for the protection of trees reflected the attitudes of the times. The overriding economic concerns of the pioneers and their attitudes towards the rights of the private land owner prevented any legislation for the protection of trees in towns being passed. Vested interests saw tree clearance in terms of prosperity and any legislation restricting the rights of property owners was strenuously resisted. The Plans of Towns Regulations Bill of 1871 introduced to protect trees in towns was defeated although a modified version was passed in 1878 providing some protection for trees in towns built on Crown land.

However, there was some awareness of the importance of trees to Christchurch -perhaps because of the scarcity of trees on the Plains when the settlers arrived - and in 1881 the Public Reserves Act which prohibited the felling of any timber growing on a public reserve was passed. Other regulations were made to protect trees on public land but until recently there was nothing preventing the private land owner from felling a tree growing on his property. The Town and Country Planning Acts of 1953 and 1977 (especially) have considerably altered this and local authorities now have the power to include provisions in their district schemes to protect those trees they consider worthy of protection. But the extent of the authority vested in the local councils to make the necessary provisions is somewhat uncertain. There has been little case law from which the intention of the legislature could be determined and it has been left to the individual councils to decide this from the words of the Town and Country Planning Act. This uncertainty has caused some councils to default in their duty to make the necessary tree protection provisions and others have proceeded without understanding the limits of their jurisdiction.

This paper will consider the existing provisions for tree protection in the Christchurch City, Waimairi, Riccarton, Heathcote and Paparua areas, the background to these provisions, other legislation affecting trees in the urban environment and alternative methods and approaches to tree protection. What emerges is an impression that the existing tree protection measures are in practice successful despite the uncertainty which surrounds their legal aspects and the fragmented approach of the legislature.