2769 version 6

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Demonstrate knowledge of the application of law to arboriculture in New Zealand

Level / 4
Credits / 5

PurposeThis unit standard is for people undertaking a career or training in the arboriculture industry in New Zealand. People credited with this unit standard are able to describe: the purpose of the Resource Management Act 1991; employment law relating to employment in New Zealand and how it affects arborists; the purpose of the Accident Compensation Corporation; the purpose of Occupational Safety and Health Service; how trees are protected by law in New Zealand; the application of law and bylaws to working with trees; and the requirements of contract law in New Zealand.

Subfield / Horticulture
Domain / Arboriculture
Status / Registered
Status date / 11 December 2009
Date version published / 11 December 2009
Planned review date / 31 December 2014
Entry information / Open.
Accreditation / Evaluation of documentation and visit by NZQA, industry and teaching professional in the same field from another provider.
Standard setting body (SSB) / Primary Industry Training Organisation
Accreditation and Moderation Action Plan (AMAP) reference / 0032

This AMAP can be accessed at

Special notes

Legislation relevant to this unit standard includes: Biosecurity Act 1993, Consumer Guarantees Act 1993, Employment Relations Act 2000, Fencing Act 1978, Forests Act 1949, Forest and Rural Fires Act 1977, Hazardous Substances and New Organisms Act 1996, Health and Safety in Employment Act 1992, Health and Safety in Employment Regulations 1995, Historic Places Act 1993, Native Plants Protection Act 1934, Parental Leave and Employment Protection Act 1987, Privacy Act 1993, Property Law Act 2007, Reserves Act 1977, Resource Management Act 1991, Transport Act 1962, Treaty of Waitangi Act 1975, Trespass Act 1980, West Coast Accord 1986, local bylaws; and their subsequent amendments.

Elements and performance criteria

Element 1

Describe the purpose of the Resource Management Act 1991 (RMA).

Performance criteria

1.1The objectives and content of the RMA are described in terms of how they affect arboriculture.

1.2The provisions of the RMA are described in terms of how they affect arboriculture.

Rangeprovisions may include but are not limited to – district plans, heritage orders, reserves, resource consents, riparian zones, subdivision of land, sustainable land management, tree protection, local authority planning functions.

Element 2

Describe employment law in New Zealand and how it affects arborists.

Performance criteria

2.1The main objectives and provisions of the Employment Relations Act 2000 are described in terms of how they affect arborists.

Rangeobjectives may include but are not limited to – build productive employment relationships, good faith;

provisions may include but are not limited to – freedom of association, bargaining, personal grievances (discrimination, sexual harassment, duress, procedures, remedies), disputes (procedures, penalties), strikes, lockouts.

2.2The requirements of the Health and Safety legislation are described as they affect employers and employees in arboriculture.

Element 3

Describe the purpose of the Accident Compensation Corporation (ACC).

Performance criteria

3.1The purpose of ACC is described.

Rangemay include but is not limited to – injury prevention, levies, claims, rehabilitation, compensation.

Element 4

Describe the purpose of Occupational Safety and Health Service (OSH).

Performance criteria

4.1The purpose of OSHis described.

Rangemay include but is not limited to – health and safety in the workplace, advice and assistance, enforcement, application.

Element 5

Describe how trees are protected by law in New Zealand.

Performance criteria

5.1Groups with an interest in tree protection are identified in terms of their roles.

Rangemay include but is not limited to – Department of Conservation, local authorities, Ministry of Agriculture and Forestry, Royal NewZealand Institute of Horticulture; lobby groups such as Maruia Society, Royal Forest and Bird Protection Society; regional tree organisations.

5.2Provisions of the Forests Act 1949, Historic Places Act 1993, Native Plants Protection Act 1934 and RMA are described in terms of the protection they afford to trees.

5.3Powers of local authorities under District and Regional Plans are listed where they relate to tree protection.

Element 6

Describe the application of law and bylaws to working with trees.

Performance criteria

6.1Relevant statutes are described in terms of their application to arboricultural work.

Rangemay include but is not limited to – Fencing Act 1978, Forest and Rural Fires Act 1977, Reserves Act 1977, Transport Act 1962, Treaty of Waitangi Act 1975, Trespass Act 1980, Property Law Act 2007, Biosecurity Act 1993.

6.2The application of bylaws to arboricultural work is described using examples of bylaws promulgated by specific local authorities.

Element 7

Describe the requirements of contract law in New Zealand.

Performance criteria

7.1A valid contract is described in terms of its requirements.

Rangemay include but is not limited to – offer and acceptance, competent parties, lawful subject, proper consideration, genuine consent.

7.2Standard clauses in arboricultural contracts are described in terms of how they affect the parties involved.

Rangemay include but is not limited to – insurance (public liability and private indemnity), health and safety, competent personnel, professional standards.

Please note

Providers must be accredited by NZQA, or an inter-institutional body with delegated authority for quality assurance, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment.

Industry Training Organisations must be accredited by NZQA before they can register credits from assessment against unit standards.

Accredited providers and Industry Training Organisations assessing against unit standards must engage with the moderation system that applies to those standards.

Accreditation requirements and an outline of the moderation system that applies to this standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The AMAP also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements.

Comments on this unit standard

Please contact the Primary Industry Training Organisation if you wish to suggest changes to the content of this unit standard.

 New Zealand Qualifications Authority 2018