Tenant Ordered to Pay $527 for Unauthorised Tree Removal
📌 In brief
The Tenancy Tribunal at Manukau ruled that a tenant must obtain the landlord's permission before pruning or removing trees. The tenant was ordered to pay $527 to the landlord for unauthorised actions that damaged the property.
⚖️ Legal holding
A tenant must obtain the landlord's express written consent before pruning or removing trees or shrubbery.
📖 Technical summary
The Tenancy Tribunal awarded $527 to the landlord for damage caused by the tenant's actions.
📜 Headnote Official document
The Tenancy Tribunal at Manukau awarded $527 to the landlord for damage caused by the tenant's unauthorised pruning and removal of trees. The Tribunal found that the tenant acted without the landlord's express written consent, as required by the tenancy agreement.
📚 Full judgment Official document
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[2025] NZTT 5191452
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [NAME] and [NAME] $527.00 immediately, being as set out in the table below.
[ADDRESS] damage $500.00 Filing fee reimbursement $27.00 Total award $527.00 Total payable by Tenant to Landlord $527.00
Reasons:
1. Both parties attended the hearing.
2. The landlord applied for compensation and exemplary damages in relation to trees that the tenant has cut down and pruned.
3. The damage occurred approximately two weeks after the tenancy commenced in May 2023. The landlord was not able to produce a copy of the signed tenancy agreement but did produce a seven-page schedule (“Schedule A”) to the agreement.
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4. The schedule states on page one that the landlord will pay for maintenance of the garden other than grass cutting and the vegetable bed. On page 5 paragraph 19 states,
“Gardening. The tenant shall cut the grass at least every three weeks. Landlord prefers that grass clippings be left on the lawn. Tenant or gardener WILL NOT use a whipper- snapper in the garden. In particular the trunks of the trees and shrubs that have been planted shall not be whipper-snapped.
Tenant or gardener shall not use herbicide in the garden without Landlord’s specific written consent. However, Landlord may use herbicide. Tenant will water the garden monthly in each of December, January, February and March for one hour each time in each of the front and back.
Priority shall be given to the young fruit trees, the camelias, hibiscus and bromeliads. The grass does not need to be watered.
Landlord may water in lieu of Tenant using house water at Tenant’s expense. Tenant and Landlord shall share the fruit from the trees on the property. Tenant shall not prune or remove any trees or shrubbery without Landlord’s express written consent.”
5. When asked about the maintenance that has been carried out on the garden the landlord advised not much maintenance was required but the hedge at the front would be cut twice a year and there would be some weeding. The landlord said that there were two types of gardening, the French style where plants were severely pruned and the English style where plants are left to grown. The landlord prefers the English style.
6. The landlord produced an arborist report prepared by [NAME] of [COMPANY]. The report is dated 22 December 2023.
7. There are two trees that were cut down by the arborist employed by the tenants. They were a Dracaena and an Umbrella Tree. The arborist also carried out pruning, particular to a Puriri tree which is in the neighbour’s section but where some branches grew on to this section.
8. The Dracaena tree was located just in front of the deck which has now been extended over the area where the tree was located. The landlord says that the tree was at waist height, and he would have removed it when the deck was extended. The tenant says that the tree was higher than the deck which the landlord said was 10 foot high. There is a photograph from 2022 showing that the tree was the height described by the tenant.
9. The landlord says that the Umbrella Tree was espaliered (grown against walls or free standing on wires) against the garage wall. There is no photograph of this tree other than the 2022 photograph showing that it was around the height of the two-storey home. I note that this tree has begun to grow back as evidenced by the photograph taken by the landlord on the day before the hearing.
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10. The tenant complained that the trees which were removed prevented them from accessing the rear of the section through the gate. There is no evidence that the tenant had asked the landlord to maintain the trees.
11. The tenant said that the Puriri tree was pruned because it prevented them from using the garage. The tree appears to have been heavily pruned, but I note that this tree has also begun to regrow as can be seen in the photographs taken on 9 June 2025.
12. The tenant produced evidence that the landlord has failed to maintain the garden and trees in other areas of the garden. I note that the concrete path on the opposite side of the house is obstructed by a ginger plant and a lavender bush.
13. The landlord says that the ginger plant has been knocked down by the rain and there is a branch of lavender over the path.
14. The tenant did not recall the terms of the agreement contained in the schedule which states that pruning should only be carried out with the landlord’s express consent. When the tenant learnt that this was prevented in the terms of the agreement, they ceased any further pruning and apologised to the landlord. The tenant had not carried out any gardening work since May 2023.
15. It is my view that if the landlord had maintained the trees, then it is unlikely that the tenant would have carried out any gardening work which the schedule says is to be paid for by the landlord. However, the tenant should have obtained the consent of the landlord before removing trees.
16. On the evidence before me the landlord has not suffered as much loss as suggested in the arborist’s report. The Umbrella Tree is regrowing, and it is possible that the Dracaena tree would be much smaller if transplanted by the landlord as he suggests would have happened.
17. On the evidence I consider that the landlord should be compensated for the trees that were cut down. I consider $500.00 to be a reasonable amount. As I have awarded compensation there will be no award for exemplary damages. Even if compensation had not been granted the tenant’s did not intend to breach the tenancy agreement as is required by section 109(3) of the Residential Tenancies Act 1986.
18. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
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[NAME]
10 June 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant had to pay for damage because they cut down and pruned trees without the landlord's written consent, as required by the agreement schedule.
- The landlord was awarded compensation for the trees that were cut down.
- The landlord was reimbursed the filing fee because they largely succeeded with their claim.
- The tenant did not intend to breach the tenancy agreement, so exemplary damages were not awarded.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $527 to the landlord for unauthorised pruning and removal of trees.
What was the dispute about?
The dispute was about the tenant's actions of cutting down and pruning trees without the landlord's consent.
How did the court decide, and why?
The court decided that the tenant must compensate the landlord for the damage caused by unauthorised actions, as the tenancy agreement required the tenant's consent from the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant acted without the landlord's express written consent, as required by the tenancy agreement.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they obtain the landlord's written consent before making any changes to the property, especially involving trees and shrubbery.
What evidence or documents mattered?
The evidence included an arborist report and the terms of the tenancy agreement, which specified the requirements for maintaining the garden and trees.