SS 02.18 Tree Control
SS 02.18 Tree Control
18
Issue 9
Apr 2018
T R A N S P O W E R APPROVED S P E C I F I C A T I O N
COP YRI GHT © 2018 TRANS P OW ER NEW ZE ALAND LIM ITE D. ALL RIGHTS RES ERVE D.
This document has been prepared solely for Transpower’s purposes in relation to Transpower’s assets. Transpower may vary or update the
document from time to time. No liability or responsibility for the application of the information in this document to third party assets, nor for
accuracy or completeness of the information (either in relation to third party assets or Transpower’s assets) is accepted by Transpower. A third
party must use its own judgement in applying the information contained in this document and not rely on such information.
Any breach of the above obligations may be restrained by legal proceedings seeking remedies including injunctions, damages and costs.
TP.SS 02.18
Issue 9
Apr 2018
PREFACE
TP.SS 02.18 includes particular requirements related to the management of trees near transmission
assets and access ways. It sets out the processes and responsibilities for managing trees which are
subject to the ELECTRICITY (HAZARDS FROM TREES) REGULATIONS 2003 (the Tree Regs) and
also for fall distance trees, trees on access ways and trees around structures, which are not subject to the
Tree Regs.
Standard letters, notices and agreements relating to trees are included as an Appendix to this Service
Specification.
Service Specifications generally include an Appendix that is a guide to the requirements for Service
Providers’ systems. The lists are not intended as a complete set of requirements as Service Providers
must determine what is necessary for each task. The systems are subject to audit.
The changes in this issue 9, April 2018, are listed in the Summary of Changes – Appendix T.
Keywords
FDZ (Fall Distance Zone) GLZ (Growth Limit Zone) negotiations
notices notice zone tree management
tree trimming tree control tree regulations
CONTENTS
PREFACE.................................................................................................................................................2
1. PURPOSE .................................................................................................................................5
2. REQUIRED OUTCOMES .........................................................................................................5
3. DEFINITIONS ...........................................................................................................................5
4. RELATED SERVICE SPECIFICATIONS, LEGISLATION AND INFORMATION SOURCES 7
4.1 Related Transpower Service Specifications ........................................................................ 7
4.2 Relevant legislation ................................................................................................................. 7
4.3 Other Information Sources..................................................................................................... 8
5. COMPETENCY REQUIREMENTS FOR TREE CONTROL SERVICES .................................8
5.1 General ....................................................................................................................................... 8
5.2 Competency retention ............................................................................................................. 8
5.3 Formal training ......................................................................................................................... 8
5.4 Supervision of trainees ........................................................................................................... 9
5.5 Supervision of sub-contractors engaged by Service Providers ....................................... 9
5.6 Forestry harvesting within two tree lengths of transmission lines ................................ 9
5.7 Tree control and associated works by other parties .......................................................... 9
5.8 Biosecurity requirements ..................................................................................................... 10
6. TREE CONTROL APPROACH ..............................................................................................10
6.1 Environmental approvals ..................................................................................................... 10
6.2 New tree identification ......................................................................................................... 10
6.3 Tree owner/manager identification .................................................................................... 11
6.4 Entry onto land ....................................................................................................................... 11
6.5 Ministry of Business, Innovation and Employment Notification ................................ 11
6.6 Primary objective: complete removal ................................................................................. 11
6.7 The agreement to fell............................................................................................................. 12
6.8 Secondary objective: trim ..................................................................................................... 12
6.9 Reduction in clean up ........................................................................................................... 12
6.10 Negotiation strategies ........................................................................................................... 12
6.11 Failure to reach agreement ................................................................................................... 13
6.12 Allocation of costs .................................................................................................................. 14
6.13 Removal of debris .................................................................................................................. 14
6.14 Trees on roads ......................................................................................................................... 14
6.15 Department of Conservation (DOC) Land ........................................................................ 14
6.16 Tree Roots ................................................................................................................................ 15
6.17 Emergency Access/Immediate Danger ............................................................................... 15
6.18 Field Communications .......................................................................................................... 15
7. ENVIRONMENTAL APPROVALS .........................................................................................15
7.1 Resource consents for tree control ...................................................................................... 15
7.2 Archaeological authorities for tree control ........................................................................ 16
8. MINIMUM APPROACH DISTANCES ....................................................................................16
8.1 Minimum approach distances (MAD) ............................................................................... 16
8.2 Growth limit zone (GLZ) ...................................................................................................... 16
8.3 Fall distance zone (FDZ) ....................................................................................................... 16
8.4 Trimming to max sag temperature ...................................................................................... 16
9. NOTICES UNDER THE ELECTRICITY (HAZARDS FROM TREES) REGULATIONS 2003
................................................................................................................................................16
9.1 Cut or trim notice ................................................................................................................... 16
9.2 Dispensations and arbitration ............................................................................................. 17
9.3 No-interest tree notices ......................................................................................................... 17
1. PURPOSE
To specify the requirements for safely managing tree control works near transmission assets
and associated access ways.
2. REQUIRED OUTCOMES
(a) Ensuring public safety;
(b) Protecting transmission assets;
(c) Safe and cost effective management of trees in the transmission line corridor;
(d) Compliance with relevant legislation, standards, district and/or regional plans,
relevant resource consents and/or stakeholder agreements;
(e) Excellent stakeholder relations; and
(f) Maintenance of appropriate tree control records (all interactions with stakeholders are
recorded in Connect).
3. DEFINITIONS
Unless stated below, words and phrases in this Service Specification have the meaning
defined in TP.OG 45.03 Defined operating and maintenance terms and abbreviations and
TP.AG 10.02 Transpower Glossary, relevant legislation or that of common English usage.
Term Definition
Connect: Connect is the Transpower database used to record
interactions with Stakeholders involving Transpower’s assets.
All interactions with Stakeholders must be clearly recorded,
and Stakeholder details updated through Connect.
Corporate Governance Means the Transpower group that provides legal advice and
can help with interpretation of legislation such as the Climate
Change Response Act 2002.
Cut or Trim Notice: A written notice (refer Appendix K) under regulation 9 of the
Tree Regs, notifying the Tree Owner that a tree encroaches on
the GLZ and must be cut or trimmed.
Environmental Policy Means the Transpower group that facilitates understanding
and Planning Group of environmental issues and what is required to ensure
(EPPG) Transpower’s compliance with environmental legislation,
including the Resource Management Act 1991 and the
HNZPT Act.
Emissions Trading The Climate Change Response Act 2002 established New
Scheme (ETS) Zealand’s Emissions Trading Scheme (ETS). Transpower may
trigger an ETS liability when whole trees have to be removed.
Note: contact EPPG or Corporate Governance for further
information on the ETS.
Fall Distance Zone For trees not subject to the Tree Regs. This zone is the
(FDZ): approximate safe clearance required between the tree and
conductor should the tree fall. The conductor position should
be considered at a 200 Pascal wind blowout condition. The
FDZ includes both the actual and potential FD trees. It is a
minimum of 4 metres (refer Appendix C).
Fall Distance Tree Any tree that could enter the FDZ if it fell towards the lines
FD Corridor The distance at ground level within which a falling tree could
enter the FDZ
Growth Limit Zone This is a term defined in the Tree Regs, relating to the zone
(GLZ): surrounding a conductor as specified in the Schedule to the
Tree Regs (refer to Appendix B).
HNZPT Act Means the Heritage New Zealand Pouhere Taonga Act 2014.
Note: approvals (Authorities to Modify an Archaeological Site)
under the HNZPT Act can only be obtained by EPPG and these
approvals are NOT the same as property rights.
Landowner Relations Means an advisor in the Landowner Relations team with
Advisor (LORA) expertise in relationship building, negotiation and conflict
resolution. Each SP has a dedicated LORA and should work
closely with them to build stakeholder relations and resolve
any access issues.
Minimum Approach In Safety Manual - Electricity Industry (SM-EI), MADs must be
Distances (MAD): observed for all tree work. The SM-EI requires compliance
with the OSH Approved Code of Practice for Safety and
Health in Tree Work, Part 2: Maintenance of Trees Around
Power Lines 1996.
MOU: Memorandum of Understanding
NESETA: Means the National Environmental Standards for Electricity
Transmission Activities Regulations 2009 issued under the
RMA. The NESETA covers consenting requirements for
activities associated with the operation, maintenance,
upgrading, relocation, or removal of an “existing line” – i.e. in
existence on the 14th January 2010. The NESETA does not
apply to substations.
Service Provider (SP): The Company who holds a period maintenance contract with
Transpower for that asset.
SM-EI: Safety Manual - Electricity Industry (SM-EI)
Stakeholder: Includes Tree Owners, landowners and occupiers who have
Transpower’s assets on or crossing their properties, and other
affected parties.
Tree: Includes any tree, shrub, or plant, or any part of a tree, shrub,
or plant.
Tree Owner: The legal owner of the tree, e.g. the landowner or forestry
right owner.
Tree Regs: The Electricity (Hazards from Trees) Regulations 2003
4.3.1 Guide to Electrical Safety for Forest and Woodlot Felling and Logging Operations,
December 2012 EEA. (EEA guide)
4.3.2 Approved Code of Practice for Safety and Health in Forest Operations. MBIE December
2012. (ACOP Part 1)
4.3.3 Approved Code of Practice for Safety and Health in Tree Work. Part 2: Maintenance of
Trees Around Power Lines Department of Labour February 1996. (ACOP Part 2)
4.3.4 Introduction to the Health and Safety at Work Act 2015 (Special Guide), WorkSafe March
2016. (H&S WorkSafe guide)
4.3.5 Environmental approvals such as resource consents gained by Transpower for tree
trimming, felling and removal activities are stored in ENVi , an online database. More
information about ENVi can be found in the Service Providers & Consultants section of
Transpower’s website:www.transpower.co.nz/environmental-resources/envi
Service Providers have access to ENVi to enable them to check for environmental
approvals and view consent conditions. Service Providers can contact EPPG for help with
ENVi or to discuss environmental approvals, view consent conditions and complete
assigned actions.
4.3.6 The Transpower ‘Transmission Activity Checklist for trimming, felling and removing trees and
vegetation’ should be completed prior to carrying out works to check what environmental
approvals are needed (see section 7 for more information on completing the checklist).
The checklist can be found in the Service Providers & Consultants section of
Transpower’s website:
https://www.transpower.co.nz/system/files/uncontrolled_docs/NESETA-checklist-
vegetation.pdf
4.3.7 Connect is the Transpower database used to record interactions with Stakeholders
involving Transpower’s assets. All interactions with Stakeholders must be clearly
recorded, and Stakeholder details updated through Connect (refer TP.SS 05.20 Stakeholder
Liaison).
4.3.8 Environmental Handbook for Construction and Maintenance
(c) Employees and operators of EWP and other equipment working up to the
permitted distances should be directly supervised or be under observation, with
adequate control measures put in place. Mobile plant used in close proximity to
overhead power lines shall have a legible warning sticker stating “WARNING
KEEP CLEAR OF POWER LINES”
(d) The process to follow in the event of an encroachment of the MAD, is. a stop and
exit strategy.
(e) The hazards associated with vegetation, persons, EWP or other equipment
contacting a live conductor.
(f) What to do in an emergency situation, e.g. 111 and 0800 THE GRID emergency
phone numbers and how to treat an employee who has received an electric
shock.
(g) The preference that all employees working up to the non competent worker
MAD wear appropriate personal protective equipment, e.g. natural fibre
clothing and hi-vis vests, etc., and
(h) Service Provider contact details.
5.7.2 There are specific requirements for MAD signage on horticultural land in TP.SS 02.14
Transmission line signs and fixtures.
Notes:
1. Other parties may be competent in undertaking tree control works, however only
Transpower approved Service Providers are permitted to work up to the appropriate
operating voltage competent MAD as detailed in SM-EI. Refer Appendix N
2. In some circumstances the Service Provider may be required to fully supervise the other
party, e.g. in situations where the other party is working in close proximity, but not
closer than the statutory safety distance to live transmission assets.
5.7.3 Other parties must comply with the MAD requirements.
5.7.4 Service Providers shall not issue a Minimum Approach Approval to a third party, such as
shelter belt trimmers, cranes or excavators, who are not electrically and/or mechanically
competent to operate within 4m of the line and up to the MAD.
5.8 Biosecurity requirements
5.8.1 Service Provider biosecurity requirements should be managed in accordance with the
Environmental Handbook for Construction and Maintenance and
TP.SS 05.20 Stakeholder Liaison
6.2.5 If agreement cannot be reached the LOLO should refer the issue to their SDM and LORA
for further negotiations.
6.2.6 If further negotiations fail the LORA will send the tree owner/manager a letter
confirming that the parties have failed to reach agreement and advising them of their
potential liability should a tree damage a transmission line. (Refer to Appendix S for the
template notice).
6.3 Tree owner/manager identification
6.3.1 The tree owner/manager must be correctly identified prior to sending any notifications
or undertaking any tree work. Note: care must be taken to identify the correct party that
has authority to agree to any tree control work
6.4 Entry onto land
6.4.1 Entry onto the land to carry out tree control must be in accordance with TP.SS 05.20
Stakeholder Liaison although access for tree control is generally not covered by the
Electricity Act 1992 but is dealt with through negotiation with the tree owner/manager.
6.4.2 Consider using a Land Access and Management Agreement for tree control works if
there have been previous disputes or significant access issues.. Refer to Appendix H for
the Land Access and Management Agreement template.
6.5 Ministry of Business, Innovation and Employment 1 Notification
6.5.1 With the exception of emergency situations, tree control work is deemed notifiable work
under the Health and Safety in Employment Regulations 1995.
Note: Regulations 2 and 26 of the Health and Safety in Employment Regulations 1995 define
notifiable work and set out who is responsible for making the notification. Refer to the
MBIE website for notification details.
6.6 Primary objective: complete removal
6.6.1 The Tree Regs are the statutory document for management of trees near transmission
lines. The Regs only cover sag and swing violation tree management within the GLZ.
FDZ trees are not specifically covered other than situations of immediate danger ( see
6.17). Where a tree encroaches or may in the future encroach on the GLZ or FDZ, the
Service Provider’s primary objective is to seek agreement from the Tree Owner to fell the
tree. As a minimum, trees must comply with the D1 and D2 distances in the Tree Regs
Fall distance trees are covered under section 10. FD trees are assessed against their
impact on Public Safety Criticality and Service Performance Criticality, amongst other
risk factors. Note; (for further information see TP Asset Risk Management strategy documents
on Public Safety Criticality June 2014 and Service Performance Criticality June 2014, and the
Corporate Risk Matrix).
6.6.2 Tree control, to provide access to another tree that requires control, is limited to that
which is necessary and must be agreed with the tree owner.
6.6.3 FDZ corridor trees are to be controlled mechanically so that they do not encroach on the
FDZ, for any transmission assets. Note wedges are not an acceptable method of control Unless
emergency circumstances exist, agreement from the Tree Owner is required to trim or fell
trees in the FDZ.
6.6.4 In plantation forestry try to achieve a standardised corridor width out to the D2 distance
for the full span length including the D1 portion. Where there are multiple spans less
than 500m long through a forest, Transpower prefers to achieve a standard corridor
width of at least 30m. For longer spans, greater than 500m the existing D2 distances are
more likely to minimise risks so the D2 distance should be used
Note: Refer Appendix C for information on the FDZ for falling vegetation.
Note: Transpower’s preference is that the Service Provider will undertake the tree control
works.
If the tree owner/manager does not wish to sign an agreement to fell then a detailed
record of the meeting must be stored in Connect.
(e) offering to remove or mulch the debris if the trees are felled;
(f) offering to replant the trees with a more suitable (lower growing) species.
(g) Offering to contribute toward a weed spraying programme to prevent weeds
encroaching onto the transmission corridor or access ways leading to
transmission assets. The amount offered should be proportionate to the benefit
to Transpower;
(h) Constructing a windbreak fence or shelter. An offer to partially contribute to
replacement with permanent shelter should be considered. The amount offered
cannot exceed the estimated capitalised cost of trimming the shelter for a period
of ten years.
Note 1: Transpower should be consulted prior to any offer being made to the owner.
Transpower Service Delivery Managers must agree to all repeat trimming works.
Note 2: Excludes inappropriate circumstances, i.e. the tree owner/manager is physically
unable to remove the debris themselves, or it would be a hardship for them to do so,
or this would interfere with the use and enjoyment of their property.
Note 3: Transpower should be consulted prior to any offer being made to the landowner for
f,g and h above.
Note 4: Responsibility and ownership for the windbreak fence or shelter once constructed
is to be assumed by the Stakeholder under a Land Access and Management
Agreement (refer Appendix H).
Note 5: All agreements , including verbal) must be entered into Connect (refer TP.SS
05.20 Stakeholder Liaison
Benefits:
(a) Transpower generally takes responsibility for tree control works.
(b) Where the Tree Owner cooperates, Transpower will generally pay for tree control
works.
(c) Any agreement is flexible and the Tree Owner can opt out within a given notice time.
(d) Any agreement is with the Tree Owner and is not an encumbrance on the property.
(e) Tree management is undertaken by competent Service Providers who are experienced
in the hazards associated with working around transmission assets.
(f) Tree management is carried out in a professional manner and to recognised
arboricultural or forestry standards, using best industry practices.
(g) Service Providers have controls in place to ensure vehicles and equipment does not
spread noxious pests and weeds in accordance with the biosecurity requirements of
TP.SS 05.20 and the Environmental Handbook for Construction and Maintenance.
Note: It is important to note that felling trees that are subject to the ETS could trigger a
liability, which can impact on negotiation strategies. Transpower has legal obligations
to comply with the ETS if we trigger a liability. As a socially responsible corporate
citizen, Transpower is also committed to playing our part in meeting New Zealand’s
climate change obligations, where relevant. For further information on the ETS and
implications for Transpower, contact the EPPG or Corporate Governance.
6.11 Failure to reach agreement
6.11.1 For trees subject to the Tree Regs, Transpower can use the processes set out in regulation
9 to deal with situations where the Tree Owner does not agree to the tree control works
(refer Section 9).
6.11.2 For trees not subject to the Tree Regs, action can be taken where there is a probable
danger to life, damage to property or action is necessary to ensure the continuity or safety
of the supply and distribution of electricity. Refer to TP.SS 05.20 Stakeholder Liaison for
entry protocols under these circumstances. Under these circumstances, Transpower must
be advised before the Service Provider takes any action.
Note: A Cut or Trim Notice cannot be issued to DOC under the Tree Regs. In accordance
with the MOU, the Service Provider must obtain DOC agreement prior to any tree
control works on DOC administered land.
6.15.4 Resource consent will be required for the cutting of trees on DOC land. Refer subsection
7.1.
6.16 Tree Roots
Tree roots should be removed so that there is no encroachment within 0.5 m of any
power, control, signalling or telecommunications cable or underground earthwire.
Resource consent may be required where any of subsection 7.1.4 applies.
6.17 Emergency Access/Immediate Danger
For trees subject to the Tree Regs, if the trees pose an immediate danger to persons or
property, Transpower can invoke the notice and immediate danger provisions specified
in regulation 14. Transpower must be advised before action is taken.
6.18 Field Communications
Where there is no visual contact or easy form of communications (e.g. normal voice)
between each member of the work party, an alternative method of continuous
communication needs to be established.
7. ENVIRONMENTAL APPROVALS
7.1 Resource consents for tree control
7.1.1 All vegetation control and access work must be managed in accordance with relevant
statutory requirements, including the NESETA, existing resource consent requirements
and/or designation conditions.
7.1.2 The environmental compliance requirements must be checked prior to works
commencing and any consents gained as necessary. In order to check the environmental
compliance requirements, the Service Provider should complete the Vegetation and Tree
Works Checklist for Service Providers (or equivalent) prior to carrying out works. This is
best completed at the scoping stage of works. The checklist is available in the Service
Provider zone of the Transpower website here:
Once the checklist is complete, the relevant EPPG Advisor will confirm if any resource
consents are required. Service Providers can check to see if there are any existing
environmental approvals (consents or designations) gained by Transpower for tree
trimming, felling and removal activities in the given area (refer to clause 4.3.5).
Environmental approvals are stored in Transpower’s environmental consents database,
ENVi. Service Providers have access to ENVi to enable them to check for environmental
approvals, view consent conditions and complete assigned actions. Service Providers can
contact EPPG for help with ENVi or to discuss environmental approvals and consent
conditions.
7.1.3 Where no existing environmental approvals apply to the work, the NESETA applies to
tree trimming and removal in relation to transmission lines that were operational at
14 January 2010.
7.1.4 Some tree control work will be a permitted activity under NESETA if the permitted
activity conditions are met. Resource consent will be required for tree control works on
DOC land, in a ‘natural area’ as defined by a district plan, or if a rule prohibits or restricts
its trimming or removal. Consent is also required if the tree works will cause or
contribute to instability or erosion, or if a regional plan controls the use of the land for
soil conservation or flood control.
7.1.5 For emergency works, the RMA provides exemptions from the need to first obtain
resource consents for activities in emergency situations. In terms of Transpower's
operations, an "emergency" is where: there is an immediate risk of injury or death, or
there is an immediate risk to Transpower's network assets or system security, or the
Note: Transpower’s preference is that the Service Provider will undertake the tree control
works.
9.1.2 If the Tree Owner is to carry out the tree control work, they are required to meet certain
time limits and provide Transpower with 3 working days’ notice prior to the tree control
works being undertaken.
9.1.3 After receiving notice, the Service Provider should contact the Tree Owner to ensure the
requirements are met, and assess if a safety observer is required.
9.1.4 If the Tree Owner does not comply with the notice requirements or does not allow the
Service Provider entry to the property, refer the matter to Transpower.
9.2 Dispensations and arbitration
9.2.1 If a Tree Owner applies for a dispensation within 5 working days of receiving a Cut or
Trim Notice, refer the dispensation application immediately to Transpower.
9.3 No-interest tree notices
9.3.1 Where a No-Interest Tree Notice is received, where possible the tree is to be removed
within 20 working days of receiving the No-Interest Tree Notice.
Note 1: Trees for which a No-Interest Tree Notice can be given are defined in regulation 15 of
the Tree Regs.
Note 2: The Tree Owner must specifically identify the tree and must have sole rights over it,
e.g. it cannot be on another property or be subject to any covenants or rights.
Note 3: The Tree Owner must grant the necessary access for the tree to be removed or the No-
Interest Tree Notice is rescinded.
Note 4: The Tree Regs provide that, after 20 working days of providing a No Interest Tree
Notice, the Tree Owner is no longer liable for any damage to the transmission assets
caused by the tree.
9.3.2 When a No-Interest Tree Notice is received, a risk assessment is to be made by the Service
Provider to prioritise the removal of the tree.
9.3.3 When a No-Interest Tree Notice is received for a tree on a road refer to subsection 6.14.
9.3.4 Refer to Appendix E for a No-Interest Tree Notice template, which can be provided to
Tree Owners.
9.3.5 If a No-Interest Tree Notice is improperly served, the Service Provider must liaise with
Transpower.
9.3.6 For a letter rejecting a No-Interest Tree Notice, refer to Appendix E.
a risk management approach. Risk management assesses the cause, effect and likelihood
of adverse events to optimally manage associated risks to an acceptable level.
10.3 Risk Assessment Criteria
Fall Distance trees that meet any of the criteria below are the highest priority and
should be felled if it is cost effective and appropriate consents can be gained, to achieve
a full FDZ corridor. The Landowner’s consent is required. (see Appendix P flowchart)
• They threaten Public Safety (PS) Critical spans (Class 1 & 2), as listed in Maximo
• They threaten these HVDC circuits (BEN-HAY 1&2, OTB-HAY 1&2, THW-DEV-A
electrode and BEN-BGR-A electrode) Refer Appendix Q.
• They threaten any of the Single Supply Circuits listed in Appendix Q.
• They are in a decayed state, on unstable ground, leaning towards the line.
10.3.1 Forestry Trees
Forestry FD trees aged over 15 years that do not exhibit these risk criteria should be left
in place until harvesting. The responsibility/costs for the management of these trees
should be negotiated with the tree owner.
For forestry FD trees aged under 15 years, Transpower’s aim is to achieve a FDZ
corridor as per figure 1 Appendix C.
10.3.2 Other Spans
All other spans are a lower priority, and a Fall Distance Zone (FDZ) corridor should only
be pursued with the SDM’s approval if it is cost effective to do so.
10.3.3 Duty of Care
In Transpower’s view, the tree owner has a duty of care to Transpower to take reasonable
steps to protect Transpower’s lines from damage from FD trees. The tree owner’s duty of
care includes removing existing FD trees and not planting trees in such proximity to the
lines that they will eventually become FD trees. If Transpower incurs any costs from the
failure of a tree owner to manage tree growth, action may be taken to recover these costs
where damage to lines occurs as a result.
10.3.4 Mapping
Detailed mapping can be provided to tree owners to better identify safe planting setbacks
and help justify/establish FDZ corridors. The maps take into account the terrain, 200Pa
wind deflection and mature tree height. See Appendix R for an example.
10.3.5 Compensation
Compensation for fall distance trees is a matter to be negotiated and at the discretion of
the SDM. Service Providers and Transpower contractors/staff must obtain prior written
approval from the Service Delivery Manager (SDM) for any compensation offer. Refer to
the Assessment of Value of Pinus Radiata Trees for Compensation, (SMP) Standard
Maintenace Procedure, SMP-02.18.001.
10.3.6 Replanting/Afforestation Management
The primary aim is to create a full FDZ corridor on all future plantings. This will reduce
risks for both Transpower and the tree owner. If the tree owner refuses to agree to this
approach the secondary aim is to maximize the planting setback distances.
10.3.7 Access way trees
• Trees that restrict access ways are to be controlled as required.
• Tree control should be limited to that necessary to provide appropriate access.
• Agreement should be reached with the Tree owner/manager to remove trees
obstructing access routes.
• If agreement cannot be reached with the Tree owner/manager then the issue
should be referred to the SDM and LORA promptly.
10.4 Trees near structures
10.4.1 Tower and pole structure bases are to be cleared of trees that restrict access to allow a 4m
working area.
10.4.2 Trees that may enable access to climb onto the structure are to be felled.
Normal position of
max. sag at ambient
temperature and no
wind
Extreme sag
movement due to
wind along line
GLZ clearance
Wind
ht
L/10 L/10
Plan View
Horizontal distance from a vertical plane
D1 D1
D2
Growth Limit Zone, in relation to the space surrounding a conductor, means the space that extends
no more than the distance from the conductor as specified for that conductor and as specified in the
Schedule of the Tree Regs.
Notice Zone, in relation to the Growth Limit Zone, means the space that extends no more than 1
metre beyond the Growth Limit Zone.
1. Figure 1: Fall Distance Zone – this figure illustrates the 4m clearance of the transmission line
conductors at any point on the arc of a tree falling. The 4m is required to mitigate the risk of a
flashover as the tree is falling. The conductor position should be considered at a 200 Pascal
wind blowout condition. This is considered to be the highest wind at which a tree may still
fall towards the wind (and conductors).
Note 1 D = ht + 4.0 m where ht is the maximum allowable tree height above ground level.
Note 2 For local agreements the standard fall clearance may be relaxed for particular tree fall
situations.
TO: [Enter Service Provider name] on behalf of Transpower New Zealand Limited
and as owner of the tree/trees for which details are given below, I/we have no interest in the tree/trees.
[Please set out details of the identity (type) and specific location of the trees for which you are declaring no-interest.
Note that the only trees for which you may declare no interest are self sown trees that do or may encroach into the
growth limit zone OR at the time of planting the trees, you/the previous owner reasonably believed that when
fully grown the tree/s would not interfere with the conductor or encroach into the growth limit zone.]
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
I/we understand that by giving this notice to Transpower, Transpower may cause the tree/trees to be
removed or trimmed to the extent determined by Transpower. I/we also understand that after 20
working days from the receipt by Transpower of this notice, I/we will not be liable for any damage
caused by the tree/trees to Transpower’s works (but this does not remove my liability for damage by
the tree/trees caused to any other property). I/we give consent to Transpower to enter the land on
which the tree/trees are growing for the purpose of removing or trimming the tree/trees. [If required,
specify any particular requirements regarding entry to land over the page, but note that entry must be allowed
within 20 working days or this notice will be rescinded.]
_____________________________________________________________________
Date:_______________
This notice should be delivered, faxed, posted or electronically communicated [upon agreement with
Transpower] to [enter Service Provider name and contact details] within 10 working days of receiving the
cut and trim notice.
[Date]
[Name and address of person who gave TP the non-interest tree notice]
1. I refer to the notice you sent to Transpower dated [ ] stating that you have no-interest in
the tree(s) referred to in the notice.
2. Transpower does not accept that this is a valid notice under section 15 of the Electricity (Hazards
from Trees) Regulations 2003. A no-interest tree notice can only be given if certain circumstances
apply. Transpower rejects this notice on the grounds that:-
3. Since this/these tree(s) are not ones for which a no-interest tree notice can be given, Transpower
will not be taking any action to remove or trim the tree(s). [If option 2b or 2c is chosen add the
following] Nor does Transpower accept any liability in respect of any damage that may be caused by
the tree(s).
4. If the tree(s) encroach on the growth limit zone for any of Transpower's conductors then
Transpower may issue you with a cut or trim notice in respect of the tree(s) and may require you to
cut or trim the tree accordingly.
5. Please contact [name and contact details] if you wish to discuss this letter or any other matters in
respect of the tree(s).
Yours sincerely
Transpower/Transpower Service Provider
AGREEMENT TO FELL
Date: ____________________ Reference: _________________________________________________
PURPOSE: This Agreement is to record tree felling details as agreed by the Stakeholder and
Transpower New Zealand Limited.
Tree Owner/Manager:
Full Name: ______________________________________________________________________________
________________________________________________________________________________________
LEGAL DESCRIPTION OF THE LAND (“land”): Or refer to attached map for parcel/title
information
Title Reference: ___________________________________________________________________________
ACCESS: ________________________________________________________________________________
_________________________________________________________________________________________
The Stakeholder gives Transpower New Zealand Limited and its Service Providers access onto the land
in order to undertake the felling specified in this agreement. [Also include any specific conditions
surrounding entry here.]
COSTS: _________________________________________________________________________________
[Is Transpower paying for some or all of the cutting? – removal of debris costs? Any other payments?]
LEGAL STATUS:
This Agreement is not binding on subsequent Stakeholders and is void on sale of the land.
DETAILS OF TREE/TREES TO BE FELLED: Attach Asset Map Plan showing location of trees to be
felled.
Line: _______________________________ Location: ____________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
[Include any other conditions negotiated with the owner such as replace/replant the tree with a more
suitable (lower growing) species, or construct a windbreak fence or shelter.
(Responsibility and ownership for the windbreak fence or shelter once constructed is to be taken by the
Stakeholder. Where shelterbelts are concerned, an offer to partially finance replacement with
permanent shelter should be considered. The amount offered cannot exceed the estimated capitalised
cost of trimming the shelter for a period of ten years.)]
LIABILITY:
The Tree owner/manager is not liable for any damage caused by the tree/trees to Transpower’s works
on the signing of this agreement (but this does not remove their liability for damage by the tree/trees
caused to any other property).
SIGNATURES:
Witnesses: ____________________________________________________________________________
_____________________________________________________________________________________
Date: Reference:
Property Location:
1. PURPOSE To record details such as access routes, conditions of access, tree and vegetation
management and other land management arrangements, as agreed by the Landowner
and/or Occupier and Transpower New Zealand Limited.
Add contact details for how the landowner contacts the service provider & Transpower
6. ACCESS
6.1 Transpower and the Landowner agree that the preferred access routes are set out on the plan
attached.
6.2 Should the preferred access route be, in Transpower’s reasonable opinion, unsuitable for use,
Transpower may, after consultation with the Landowner, use alternative routes in accessing
the transmission line
6.3 Transpower may, in agreement with the Landowner, construct or maintain an access track to
a standard which normally allows access in most weather conditions using a four wheel drive
utility type vehicle
6.4 Describe access tracks (formed, unformed) suitable for vehicle type, etc):
……………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
6.5 Describe access point to land from nearest road:
……………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………
6.6 Access track maintenance:
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………….
Access route plan attached: Yes No
[E.g. Acceptable access tracks; special considerations, e.g. boggy areas, drains, dams and
reservoirs, conditions of access]
Note: Stakeholders are required to grant access for purposes under section 23 of the Electricity Act
1992. Nothing in this agreement should limit Transpowers statutory rights and obligations
under the Act.
[E.g. Vegetation management, protected trees, conservation covenant areas, trees (including
shelter belt trees and forestry), cutting criteria, costs, debris disposal, burning off, weeds, etc.]
8. FARM PRACTICES
…………………………………………………………………………………………………………………………
8.2 Times when access to property to undertake works is not preferred (eg. due to lambing,
fawning, hay making, etc.
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Reason for preference:
……………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
[E.g. Specific land management information, e.g. organic farms requirements, bio-security and
contamination requirements, dairy movements, lambing/calving, use of mechanical plant
including harvesters, irrigation, including travelling irrigators, boom irrigators, long lateral systems,
central pivot units, aerial and land based spraying, top dressing, fencing (including electric),
ploughing, hay making (including other feed), specialist cropping]
9.1 Transpower and the Landowner agree that: [E.g. any other property specific details that are not
covered in the sections above]
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
10.1 The Landowner advises the following unique or unusual hazards on the property:
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
[E.g. not normal farming activity but unique or unusual potential hazards such as unchained
guard dogs, rifle range, active quarry, horticulture sprays, etc.]
11.1 Transpower and the Landowner agree to the following method of notification for routine
maintenance work involving light vehicles (e.g. 4WD Ute, quad bike or ATV)
Other…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
11.2 Transpower and the Landowner agree to the following method of notification for maintenance
work involving heavy vehicles (e.g. heavy truck, hiab, crane)
Other…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
11.1 This agreement is not binding on subsequent owners and is void on sale of property.
SIGNATURES
Full Name:
Company:
Phone Number:
Email address:
[File ref]
[Date]
Consultation with Landowners/Occupiers within a 50 metre radius of a tree on road for which
Transpower has received a no-interest tree notice under the Electricity (Hazards from Trees)
Regulations 2003 (“Regulations”).
This notice and its attachments are being sent to you as a landowner/occupier of land situated within
a 50-metre radius of the following tree: [include sufficient details to clearly identify the tree]
__________________________________________________________________________________________
Transpower has received a no-interest tree notice from the owner of the tree, [insert name of the road
authority] and wishes to [remove or trim] the tree so that it will not encroach into the safety distance for
the conductor near the tree. However as this tree may have amenity value for you, we are required by
the Regulations to consult with you before carrying out any work on the tree.
If you do not want Transpower to remove or trim the tree, you are required to give Transpower written
notice that you are interested in the tree and you wish to be treated as the tree owner for the purposes
of the Regulations (see regulation 18(2)). (Such notice can be rescinded at any time by notifying
Transpower in writing of that fact – regulation 18(3).)
Taking responsibility as tree owner means you will have to ensure the tree does not encroach into the
notice zone for the conductor. Further information on the responsibilities of owning a tree near
transmission lines is attached. [Attach the general information notice published annually by Transpower,
available on the internet, and also attach the new/proposed planting notice in Appendix J.]
[Include any additional specific information here, if necessary/relevant about the particular tree/line and dangers
posed, etc.]
You will need to contact Transpower’s agent by [insert the date – 10 working days time, or longer if this is
considered necessary, keeping in mind that the work on the tree should ideally be carried out within 20 working
days after receiving the no-interest tree notice] if you want to register an interest in the tree and be treated
as the owner under the Regulations.
Please contact Transpower’s agent for further information if required. [Insert contact name/details]
[Service Provider’s name] on behalf of Transpower New Zealand Limited
[Date]
This notice and its attachments are being sent to you as a tree-owner, landowner and/or occupier to
keep you informed about the management of trees near Transpower’s transmission lines, and to keep
you aware of the importance of good tree management.
Affected trees
The following information details the location(s) of the affected trees:
(a) Property;
(b) Tree-owner, landowner and/or occupier;
(c) Transmission line/circuit;
(d) Transmission structures;
(e) Tree locations.
Fire hazards
Electricity flowing into trees can cause trees to ignite. In some cases the tree can explode. The effect of
a tree fire can be very severe in forest areas as well as threatening human and animal life.
New plantings
Transpower discourages planting under or near transmission lines. If you have already planted any
new trees under or near the line, then it is most important that any future tree growth is taken into
account and managed by the tree-owner, landowner and/or occupier. Tree owners have
responsibilities under the Regulations in relation to cutting and trimming trees encroaching on lines,
and where they have been planted in the knowledge that they may grow and encroach/interfere with
lines, tree owners cannot claim no-interest in the tree.
.......................................... (Name)
[Date]
Notice must be delivered in person to the tree owner (or a director or officer of the tree owner), or posted to the
above address (being the last known/usual residence or registered office of the tree owner), or faxed to the tree
owner (or, with consent, sent by electronic communication).
The purpose of the Electricity (Hazards from Trees) Regulations 2003 is to protect the safety of the public
and the security of the supply of electricity, by prescribing distances and setting rules regarding the
cutting and trimming of trees. This cut or trim notice is to notify you that your tree [or trees] encroach[es]
into the growth limit zone for Transpower’s conductor and must be cut or trimmed.
If you do not give consent to Transpower to enter your land, then within 45 working days after the date
you receive this notice, you must cause the tree[s] to be cut or trimmed, at your own expense. Working
in close vicinity to transmission lines and structures is a hazardous activity and should only be
undertaken by suitably qualified and competent practitioners. If you decide to cause the trees to be cut
or trimmed you must at least 3 working days before the tree[s] are cut or trimmed, advise Transpower
of the time and location of the cutting or trimming.
The only approved contractors deemed competent for this work are Transpower’s Service Providers.
In your area this is ……….insert contact details of local service provider…
Dispensation application
You may apply to Transpower in writing, no later than 5 working days after receiving this notice, for a
dispensation from cutting or trimming the tree. Transpower must make a decision on a dispensation
application within 5 working days of receiving the application.
Tree Arbitrator
Under Regulation 29 of the Electricity (Hazards from Trees) Regulations 2003 a tree arbitrator has been
appointed by the Minister of Energy and Resources. The arbitrator is:
Mr Brad Cadwallader
33 Cropp Place
Richmond
Nelson 7020
Fax: 03 544 2682
[email protected]
Please contact me on [enter phone number] to discuss and agree the proposed timing and method
proposed to undertake this work.
Yours faithfully
[Name]
[Position]
This page must be attached to the Cut or Trim Notice, along with the No Interest Trees Notice
Further information required to be provided under the Electricity (Hazards from Trees)
Regulations 2003
Transpower’s obligations - If Transpower becomes aware of a tree encroaching into the growth limit
zone then it must issue a cut or trim notice to the tree owner. Transpower also has obligations if it
becomes aware there is immediate danger to persons or property because of damage to its conductor
by a tree (or roots of a tree), or contact or possible contact between the tree and conductor. Transpower
must undertake work without delay to cut or trim the tree to the extent necessary to remove the danger
and must remove all debris produced as a result of such work.
Transpower commits an offence if it becomes aware of a tree encroaching into the growth limit zone
and fails, without reasonable excuse, to give a cut or trim notice to the tree owner. If either of these
offences is committed, Transpower may be liable on summary conviction to a fine not exceeding
$10,000, and if the offence continues, a further fine not exceeding $500 a day.
Tree owner offences and penalties – Regulation 26 sets out the offences and penalties that a tree owner
may face. A tree owner commits an offence if, given a cut or trim notice fails, without reasonable
excuse, to cause the tree to be cut or trimmed in accordance with regulation 10, or fails, without
reasonable excuse, to advise Transpower of the time and location of the cutting/trimming of the tree.
If either of these offences is committed, the tree owner may be liable on summary conviction to a fine
not exceeding $10,000, and if the offence continues, a further fine not exceeding $500 a day.
Tree owner liabilities – A tree owner also has certain liabilities, which are specified in full in regulation
28, but are summarised here. Unless a tree owner has given a no-interest tree notice to Transpower, or
the time limit has not expired under a cut or trim notice, a tree owner may be liable to Transpower for
the costs of remedying any damage caused to a conductor. This liability arises if the tree owner has
failed to comply with the requirements of the Regulations, and the damage arose (whether directly or
indirectly) from failure to comply with the requirements of the Regulations. Transpower may recover
any costs payable by the tree owner as a debt due to the works owner.
Transpower Upgrade/Access/Tree
Trimming
Application/Agreement
Please complete the application form and send to DoC Area Manager for the area(s) involved. The Department will
process the application and issue a Permit if it is satisfied that the application meets all the requirements for granting
a concession under the Conservation Act 1987. The Permit will be subject to all conditions (including any special
conditions) set out in this document, the DoC/Transpower ‘Code of Practice for Entry onto Land’ and the
Transpower/DoC Agreement.
A. Applicant Details
Contact Person
Postal Address
Fa
x
E-
ma
il
B. The Area(s)
Describe the areas of conservation land where the upgrade/tree trimming will occur. If you are unable to identify the
areas or you do not know them, seek the assistance of departmental staff.
Proposed dates to
Describe any temporary structures you wish to erect on DOC land (e.g. marquees, toilets).
Attach a site plan showing locations of any proposed structures.
Will your activity result in any disturbance to soils, wetlands or any other natural feature during the initial start-up
phase or on an ongoing basis?
Will any aspects of your activity be visible from or within or adjoining the areas where you want to conduct your
activity?
Will your activity have any effect on, or be affected by, any wildlife species within or near any area where you want to
operate?
Is it possible that your activity will introduce any plant material, weeds, including lake weeks or seeds of plants into the
area?
Is it possible that your activity will deposit any debris, rubbish, or other dangerous or unsightly matter into the area?
Will your activity cause any noise during either the initial start-up phase or on a periodic or ongoing basis?
Will any other visitors, commercial or private, be present in or near the areas you wish to use?
Will any aspect of your activity affect current or future public access to or use of either the nominated or adjoining
conservation land(s)?
Will your activity have any effects on plants, animals or sites of traditional importance to Maori?
You are not required to complete the remainder of this form. If the permit is to be granted, you will need to
sign the document accepting the following conditions on your proposed activity.
Her Majesty the Queen, acting by and through the Minister of Conservation (the Grantor) GRANTS to
the Applicant a Permit under *6[s. 17Q of the Conservation Act 1987] for the purpose of … (the
“Concession Activity”) on the Site(s) specified in Schedule 1 of this Permit.
1. This Permit does not confer on the Applicant any interest in the Site. This Permit does not derogate in any way from the rights of
the public to use and enjoy the whole or any part of the Site, except as noted in this Permit or as necessary for
public safety during the Concession Activity.
2. The Applicant shall indemnify the Grantor against all claims by any person in respect of any injury, loss or
damage (including fire damage) caused by or arising out of any breach of the terms of this Permit or negligent
act or omission by the Applicant, its servants, agents, contractors, clients or invitees while carrying out the
Concession Activity up to a maximum value of three million dollars ($3,000,000) per event.
3. The Applicant shall keep in force during the term of this Permit a policy of insurance with an insurer approved
by the Grantor against any liability that may arise out of Applicant’s operation of the Concession Activity. The
policy must include fire suppression insurance. The policy shall be for a sum of not less than $1,000,000.
4. The Applicant shall not erect or bring onto the Site(s) any structure, install any facility, or alter the Site(s) in any
way without the prior written consent of the Grantor.
5. The Applicant shall not, unless authorised in this Permit or otherwise in writing by the Grantor, interfere with,
remove, damage, or endanger the natural features, animals, plants or historic resources in any area administered
by the Grantor, or bring any plants or animals to the Site(s), or contaminate any body of water. The Applicant
shall ensure that its clients and invitees do not carry out any acts prohibited under this clause. The Applicant
may only deposit any debris, rubbish, or other dangerous or unsightly matter if permitted to do so by this
Permit, and the Applicant shall remove such material in accordance with clause 10 of this Permit.
6. The Applicant shall not transfer, sublet, assign or otherwise dispose of the interest granted by this Permit. This
Concession is deemed to authorise the Contractor(s) to carry out the Concession Activity subject to the terms
and conditions of this Permit.
7. The Grantor may terminate this Permit by notice in writing to the Applicant if the Applicant breaches any of
the terms of this Permit.
8. The Applicant shall comply with all reasonable notices and directions of the Grantor concerning the
Concession Activity.
9. The use of aircraft in support of the Concession Activity is subject to specific approval. Such approval must
be gained by the aircraft operating company making a landing permit application to the Department of
Conservation.
10. The Applicant shall take all waste and rubbish out of the Site at the end of the Concession Activity.
11. The Grantor reserves the right to request, at any time, a safety plan to be audited by an external expert. At a
minimum, the plan should include identification of the risks involved, contingency plans in case of accident
and safety equipment available.
SIGNED by SIGNED by
Witness Witness
Occupation Occupation
Address Address
Schedule One
(1) Approved Site(s)
Schedule Two
R VEGETATION MAPPING
T SUMMARY OF CHANGES
Issue Affected
Changes Date
No. Section/Clause
3 • Takes into account the requirements of the Electricity Jun 2006
(Hazards from Trees) Regulations 2003, and
• Incorporation of standard letters, notices and
agreements relating to trees.
4 • Integration of Connect process; Mar 2009
• Amendment to subsection 6.8 to ensure consistency
with the Land Management Agreement provisions;
• Addition of reference to NPS into Appendix F, and
• Landowner letters updated
5 2 (a) Clause reworded 10 Feb
2 (c) Reference to appendices B & D added 2012
2 (f) Reference to appendix I added
2 (l) New clause, regarding public safety, added
2 (m) New clause added
3.1.5 Clause reworded to more accurately reflect regulation 15 of
the Tree Regs
3.1.10 Definition for abbreviation SP (Maintenance Service
Provider) added.
4.3.1 List clarified, Electricity (Safety) Regulations (2010) added
5.1.3 Reference to Appendices A and B added
5.6.2 Reference to Section 7.1 added
6.3.1 Reference to Appendix I added
6.3.5 Note 1 Formatted to a note as opposed to separate item
6.6.1 Note 2 New item added referring to First Schedule of Conservation
Act 1987
7.2.1 Reworded to “must be”
7.4.1 Reworded to “must be”
8.1.2 Note 1 Formatted to a note as opposed to separate item
C2 Allowance for sag movement along the line diagram
clarified to show 1 tree only
F1.3.2 Emergency works section moved up from F1.4
F1.3.5 New covenants clause added
Previously F1.4 Emergency works moved to F1.3.2
F2.2 New clause added for other enactments
Appendix L Tree Arbitrator information updated
9 Entire The changes in this revision focus vegetation management Oct 2017
Document to primarily pursue felling of problematic trees and further
to transfer the cost of managing trees not removed to the
tree owner. This revision also introduces specific forestry
management provisions.
Proposed change:
If you are including supporting information or attachments, please list here, e.g. photos: