Proposed Plan Change 41 – Urban Tree Groups

Status: Operative.


The Resource Management Amendment Act 2013 introduced new requirements and definitions associated with tree protection. These amendments significantly altered how trees can be protected in urban areas under a District Plan. These amendments removed the ability for district plans to protect trees with blanket rules on properties 4000m2 or less unless the trees are specifically identified in a schedule in the District Plan.

Upper Hutt City Council are undergoing a Plan Change (Proposed Plan Change 41) to ensure ongoing protection of trees in Urban areas. The plan change proposes to move from blanket tree protection rules in the Residential Hill and Residential Conservation sub-zones, to a series of rules that protect Urban Tree Groups, which have been identified due to their amenity, landscape and/or ecological values. The Plan Change includes a schedule of Urban Tree Groups.

Proposed Plan Change 41 was notified and opened for submissions on 18 December 2015. The submission period closed on 26 February 2016. A summary of submissions was prepared and further submissions opened on 16 March 2016 and closed 8 April 2016. Three further submissions were received. The hearing was scheduled for 4 July 2016 and is now adjourned.

Amendments to the District Plan chapters and maps, and any other relevant documents, as a result of this plan change can be found below.

The appeal period for Plan Change 41 closed on 29 September 2016 and no appeals were received. Plan Change 41 is now operative  (as at 12 October 2016). It has been incorporated into the District Plan which can be viewed here.


A hearing for Plan Change 41 was held on 4 July 2016. Council has considered the decision issued following the hearing and at its meeting on 10 August 2016 resolved to adopt the Plan Change.  The appeal period for this Plan Change closes on 29 September 2016.  After this date, if no appeals have been lodged, Council will publicly notify the date on which Plan Change 41 will become operative.


The Hearing for Plan Change 41 was scheduled for 4 July 2016

Post-hearing documents

Council Officer Right of Reply (13 July 2016)

Pre-hearing documents

Submissions and further submissions

Summary of submissions and further submissions

  • Submissions

Submitter #1   Jianhong Hu (John)

Submitter #2   Michael Drake

Submitter #3   Murray Todd

Submitter #4   Jonathan Board

Submitter #5   Jim and Ange Walsh

Submitter #6   James Milburn

Submitter #7   Penny and Mike Salmon

Submitter #8   J & J Harrison

Submitter #9   Ronnoco Nominees Ltd

Submitter #10 Wellington Electricity Lines Limited

Submitter #11 Deanna Burke

Submitter #12 Trevor and Fiona Kale

Submitter #13 Graham and Lyn Bellamy

Submitter #14 Jenny Wiggins and Kenneth Wiggins

Submitter #15 Steven Robertson

Submitter #16 Kelly Robinson and Steve Kyle

Submitter #17 Anthony Illot

Submitter #18 Peter Martin

Submitter #19 Stefan Michie

Submitter #20 Grant Crawford

Submitter #21 Richard Winder

Submitter #22 Greater Wellington Regional Council

Submitter #23 Sylvia Hendriksen

Submitter #24 BR & KM Hicks

Submitter #25 Sally Murphy

Submitter #26 Pinehaven Progressive Association

Submitter #27 UHCC

Submitter #28 Stephen Pattinson

Submitter #29 Greg Main

Submitter #30 Alistair McAlpine

Submitter #31 Brendon Jacobson

Submitter #32 Sue Pattinson

Submitter #33 Mark Hayward

Submitter #34 Powerco Ltd

Submitter #35 Tim Thorpe

Submitter #36 Peter and Bernadette Tierney

Submitter #37 Pat van Berkel

Submitter #38 Darryl Longstaffe

Submitter #39 Jeffrey Richter

Submitter #40 Cameron Mitchell (late submission)

  • Further Submissions

Further submitter # 1 Powerco Ltd

Further submitter # 2 Wellington Electricity Lines Limited

Further submitter # 3 Save Our Hills (Upper Hutt)


Proposed Plan Change 41 documents:

Trees in Upper Hutt

Upper Hutt is recognised amongst residents and visitors for its beautiful parks, forests and outdoor spaces. Our green amenity values contribute to the ‘gateway to the great outdoors’ perception of the city. These values are reinforced throughout the urban areas by tree lined streets, parks and gardens. Trees contribute to the green and pleasant residential environment and amenity in Upper Hutt and are highly valued by the community. Development can impact upon trees and so needs to be carefully managed to ensure that future growth enhances our amenity values whilst meeting the needs of the existing and future residents.

Tree Protection in Urban Areas

Individual trees that are significant to the community, or urban areas of the City where trees make a significant contribution to the special character and amenity values of the area, are protected through the District Plan. The protections take two forms: Notable Tree Protection and Zoning Protection, both of which are described below.

Notable Trees

Individual trees in the Residential Zone that make a significant contribution to the identity or amenity values of the urban environment can be listed for protection under the Schedule of Notable Trees in the District Plan. The Schedule is listed at 27.7 of the District Plan. Do you know of a specimen tree that you think would be worthy of protection as one of Upper Hutt’s Notable Trees? Nominations for additions to the Schedule of Notable Trees are accepted at any time from the public. If you know of a tree that you think makes a significant contribution to the character of the urban environment, and is important to the amenity values and identity of the City then you can nominate it for inclusion to the Schedule of Notable Trees in the Tree Nomination Form.

Tree Nomination Form

Click here to nominate a tree or group of trees. The public are able to nominate trees at any time. In order to provide protection, nominated trees must be assessed and recommended for inclusion into the District Plan through a plan change. Existing Notable Trees are mapped on Xplorer under the District Plan layer, or on the District Plan maps.

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Last updated on 07 Sep 2018