Introduction

On 2 February 2007, the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) came into effect. Whilst this annotated version of the Act does not constitute legal advice or any guarantee as to how a particular dispute will be decided on its merits, it provides a comprehensive, plain English explanation of how the Court has applied this legislation in the first 18 months or so of its operation. This part of the Court’s website is designed to provide material to assist making applications under this Act.

It also provides reference material which will assist applicants, tree owners and Councils understand how the Court deals with such applications.

The following material can be accessed through this page:

• Trees Act - Notes and FAQs
• Trees Act - Application forms
• Enforcement of Orders under the Trees Act
• Tree Dispute Principles published by the Court
• Where preliminary Trees Act conferences will be held (by local government area of location of the tree property)
• Standard Directions to be given at preliminary Trees Act conferences
• Dates for future preliminary Trees Act conferences
• Trees (Disputes Between Neighbours) Act 2006 (link to Act)
• External Commentary (papers and articles by third parties that may be of interest)*
• Guidance decisions about the Act and the Court's jurisdiction
• Practice Note - Class 2 Tree Application

• Merit decisions made by the Court under the Trees Act in the following categories:

1. Refusals

• Decisions where an application for the removal of a tree has been refused;
• Decisions where an application for compensation has been refused;
• Decisions where an application for the removal of a tree and an application for compensation have been refused.

2. Approvals
• Decisions where an order has been made for the removal of a tree;**
• Decisions where an order has been made for pruning or other work on a tree;**
• Decisions where an order has been made for compensation only;
• Decisions where an order has been made for remedial works ; and***
• Decisions where other preventative or precautionary orders have been made.***