Tree bond amount and period—matters decision-maker must and may consider—Act, s 93 (5) (b)
10 Tree bond amount and period—matters decision-maker must and may consider—Act, s 93 (5) (b)
This section applies if a decision-maker is deciding—
the amount of a tree bond; or
the period for which a tree bond has effect.
The decision-maker—
must take into account the following:
for a young tree—the cost of replacing the tree;
whether the applicant for a tree bond agreement has a history of not complying with the Act or the repealed Act;
whether the decision-maker has previously refused to refund the amount of a tree bond to the applicant; and
may take into account the following:
the condition of the tree to which the tree bond relates;
the risk of damage to the tree, taking into consideration the tree’s species;
the tree’s proximity to any activity to be carried out for a plan, permit or development mentioned in the Act, section 92 (1) (a).
Examples—activities that may be carried out
demolition, excavation, construction
In this section:
repealed Act means the Tree Protection Act 2005.
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