(1)  The Appeal Tribunal must decide an application by –

(a) dismissing the application; or

(b) making one or more orders under this section in relation to the application.

(2)  The Appeal Tribunal may make the orders in relation to an application that it considers appropriate to –

(a) ensure that a part of a plant does not overhang another person's land; or

(b) prevent, or reduce the likelihood of, serious injury being caused to a person by a plant; or

(c) prevent, restrain, or reduce the likelihood of, serious damage being caused by a plant to a person's land or any property on a person's land; or

(d) prevent, or reduce the likelihood of, substantial, ongoing and unreasonable interference with a person's use and enjoyment of a person's land being caused by a plant; or

(e) remedy damage caused to a person's land, or any property on a person's land, by a plant.

(3)  The Appeal Tribunal may make any one or more of the following orders in relation to an application:

(a) an order that the determination of the application is to be deferred until an application for a permit under the Land Use Planning and Approvals Act 1993 is made or determined, or both, in relation to a plant or until any appeal to the Appeal Tribunal under that Act is determined;

(b) an order that, despite section 61(5) of the Land Use Planning and Approvals Act 1993 , the owner of land on which a plant is situated in whole or in part may, within the period specified in the order, appeal under that section against a decision in respect of an application for a permit that relates to a plant on the land;

(c) an order that a permit under the Land Use Planning and Approvals Act 1993 that relates to a plant is to be amended as specified in the order.

(4)  The Appeal Tribunal may, if it is satisfied that a plant is causing an immediate risk of injury to persons or property, make an interim order under subsection (2) or (3) in relation to the plant, pending a subsequent determination of the application under this section.

(5)  An order is not to be made requiring the removal or destruction of a living plant to which an application relates unless the Appeal Tribunal is satisfied that the purpose for which the application was sought could not otherwise be attained.

(6)  Without limiting the generality of subsection (2) , an order under that subsection in relation to a plant may do any of the following:

(a) require or allow an owner of land on which a plant is situated, or an affected landholder, to carry out work on the plant on a particular occasion or on an ongoing basis;

(b) require a survey to be undertaken to clarify the plant's location in relation to a boundary of land;

(c) require a person to apply for a consent, or other authority, in relation to the plant, from a government body;

(d) authorise a person to enter land to carry out an order under this section, including so as to obtain a quotation in relation to work in respect of the plant;

(e) require the applicant or the owner of the land on which the plant is situated to pay costs associated with carrying out an order under this section;

(f) require the owner of land on which the plant is situated to pay compensation to an affected landholder for damage to the land or property on the land;

(g) require a report to be obtained from an appropriately qualified arborist.