7When land is affected by plant

7 When land is affected by plant

(1)  Subject to this section, for the purposes of this Act, land (affected land) is affected by a plant that is situated on another area of land if –

(a) branches of the plant overhang the affected land; or

(b) the plant has caused, is causing, or is likely within the next 12 months to cause –

(i) serious injury to a person on the affected land; or

(ii) serious damage to the affected land or any property on the affected land; or

(iii) substantial, ongoing and unreasonable interference with the use and enjoyment by a person of the affected land.

(2)  Without limiting the generality of subsection (1)(b)(iii) , a plant may cause substantial, ongoing and unreasonable interference with the use and enjoyment by a person of affected land by virtue of causing sunlight to be severely obstructed from reaching –

(a) a window (including a window in a door) of a building on the affected land; or

(b) a solar photovoltaic panel, a solar collector for a solar hot water system, or a skylight, situated on a roof of a building on the affected land.

(3)  Without limiting the generality of subsection (1)(b)(iii) , a plant may cause substantial, ongoing and unreasonable interference with the use and enjoyment by a person of affected land by virtue of causing a view from a dwelling on the affected land to be obstructed, but only if –

(a) the plant is at least 2.5 metres high; and

(b) the plant causes the view to be severely obstructed; and

(c) the person is an owner of the land and the view from the dwelling was not so obstructed when the person took possession of the affected land.

(4)  For the purposes of this Act, land is not affected by a plant, other than as referred to in subsection (2) or (3) , if no part of the land is situated within 25 metres from –