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Demonstrate knowledge of the application of law to arboriculture in New
Zealand
Level
4
Credits
5
Purpose
This 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 http://www.nzqa.govt.nz/framework/search/index.do.
 New Zealand Qualifications Authority 2016
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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
1.1
The objectives and content of the RMA are described in terms of how they
affect arboriculture.
1.2
The provisions of the RMA are described in terms of how they affect
arboriculture.
Range
provisions 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
2.1
The main objectives and provisions of the Employment Relations Act 2000 are
described in terms of how they affect arborists.
Range
2.2
objectives 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.
The requirements of the Health and Safety legislation are described as they
affect employers and employees in arboriculture.
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Element 3
Describe the purpose of the Accident Compensation Corporation (ACC).
Performance criteria
3.1
The purpose of ACC is described.
Range
may 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
4.1
The purpose of OSH is described.
Range
may 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
5.1
Groups with an interest in tree protection are identified in terms of their roles.
Range
may include but is not limited to – Department of Conservation,
local authorities, Ministry of Agriculture and Forestry, Royal
New Zealand Institute of Horticulture; lobby groups such as Maruia
Society, Royal Forest and Bird Protection Society; regional tree
organisations.
5.2
Provisions 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.
5.3
Powers of local authorities under District and Regional Plans are listed where
they relate to tree protection.
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Element 6
Describe the application of law and bylaws to working with trees.
Performance criteria
6.1
Relevant statutes are described in terms of their application to arboricultural
work.
Range
6.2
may 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.
The 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
7.1
A valid contract is described in terms of its requirements.
Range
7.2
may include but is not limited to – offer and acceptance,
competent parties, lawful subject, proper consideration, genuine
consent.
Standard clauses in arboricultural contracts are described in terms of how they
affect the parties involved.
Range
may 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.
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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 http://www.primaryito.ac.nz if
you wish to suggest changes to the content of this unit standard.
 New Zealand Qualifications Authority 2016