32Matters to be considered if unreasonable interference

32 Matters to be considered if unreasonable interference

In addition to any matters that the Appeal Tribunal must consider under section 30 in relation to an application, if the applicant alleges that a plant has caused, is causing, or is likely to cause, substantial, ongoing and unreasonable interference with the applicant's use and enjoyment of the affected land, the Appeal Tribunal may consider –

(a) anything other than the plant that has contributed, or is contributing, to the interference; and

(b) any steps taken by the applicant, or the owner of the land on which the plant is situated, to prevent or minimise the interference; and

(c) the size of the land on which the plant is situated; and

(d) whether the plant existed before the applicant owned or occupied the affected land; and

(e) for interferenceof a kind to which section 7(2) or (3) relates – any contribution the plant makes to the protection of revegetation of a waterway or foreshore or against landslip or soil erosion; and

(f) any other matter the Appeal Tribunal considers relevant.