TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 10
Matters of which Court must be satisfied before making an order
TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 10
Matters of which Court must be satisfied before making an order
10 Matters of which Court must be satisfied before making an order
(1) The Court must not make an order under this Part unless it is satisfied:
(a) that the applicant has made a reasonable effort to reach agreement with
the owner of the land on which the tree is situated, and
(b) if the
requirement to give notice has not been waived, that the applicant has given
notice of the application in accordance with section 8.
(2) The Court must
not make an order under this Part unless it is satisfied that the tree
concerned: (a) has caused, is causing, or is likely in the near future to
cause, damage to the applicant's property, or
(b) is likely to cause injury
to any person.