In Tauranga, tree removal is a necessary measure to ensure the safety of individuals and properties.
However, even with proper tree removal and maintenance, there are still instances where trees fall unexpectedly, which can cause significant damage and injury.
In this blog post, we’ll explore who is responsible when a tree falls and causes damage.
New Zealand Law
In New Zealand, the law states that the landowner is responsible for maintaining trees on their property. This includes removing any dead or hazardous trees before they become a danger to neighbouring properties.
Failure to do so can result in legal action and compensation claims if the tree causes damage or injury.
Liability For Property Damage
If a tree falls and damages property, the landowner may be held liable if it is found that they did not take reasonable care to ensure the tree’s safety.
For example, if a tree on a property is visibly decaying and the landowner fails to remove it, they may be held responsible if the tree falls and damages a neighbouring property.
There are instances where the responsibility for a fallen tree may not be clear cut. If the tree was in a public area, such as a park or nature reserve, the local council or government agency responsible for maintaining the area may be held liable.
Liability for Human Safety
Fallen trees can also pose a significant risk to human safety. If a person is injured by a fallen tree, the landowner may be held liable for any resulting injuries or damages.
It is, therefore, essential for landowners to take reasonable care in maintaining trees on their property to prevent any unnecessary risks to individuals.
Responsibility Of The Landowner
If you are a landowner, it is crucial to regularly inspect the trees on your property to ensure their safety. Dead or hazardous trees should be removed promptly to avoid any risks to individuals or neighbouring properties.
If you are unsure about the safety of a tree on your property, it is always best to seek the advice of a professional arborist.
Don’t wait until your tree causes damage to a surrounding property or someone passing by, contact Tree Control to remove any damaged or hazardous trees. Get in touch with us here.
Frequently Asked Questions
Who is responsible for removing a fallen tree in NZ?
The owner of the land where the tree originally grew is responsible for its removal and the associated debris removal costs. This responsibility remains even if the tree falls across a boundary onto a neighbour’s property. If the tree originated from a park or verge, the responsibility lies with your local council.
If my tree falls on my neighbour’s house, am I liable?
You are generally liable for damage if it can be proven that you were negligent in maintaining the tree. In New Zealand, if a healthy tree falls due to a storm, the affected neighbour usually makes a claim through their own insurance. However, if you knew the tree was hazardous and failed to act, you may be held legally responsible for the resulting costs.
Is fallen tree damage covered by home insurance in NZ?
Damage caused by a fallen tree is typically covered by your own home and contents insurance policy, provided the event was sudden and accidental. Most New Zealand insurers will pay for repairs to your property regardless of whether the tree came from your yard or a neighbour’s. You should contact your insurance provider as soon as possible to confirm your cover and lodge a claim.
Who pays for clean-up if there is no damage?
The tree owner is responsible for the cost of clean-up and removal if the tree falls without damaging any insured structures. Most NZ insurance policies only cover tree removal when there is physical damage to a building or fence; therefore, clearing a tree that has simply landed on a lawn is a private cost for the tree owner.
What should I do if a tree falls on the road?
You should contact your local council immediately to report a tree blocking a public roadway or footpath. Most councils provide a 24-hour emergency line for reporting hazards that obstruct traffic or pose a risk to public safety. If the tree poses an immediate danger to life or has caused a serious traffic accident, please call 111.
Who do I call for a fallen tree on public land?
Contact your local council to report fallen trees on public roads, footpaths, or parks, as they are responsible for hazards on public land. Most councils operate 24-hour emergency lines for reporting obstructions that impact traffic or safety. If the tree poses an immediate threat to life or is causing a major traffic emergency, call 111 immediately.
What if the tree was dead or unsafe before it fell?
If a tree is visibly dead or hazardous and the owner fails to address it, they are likely to be held liable for any damage or injury caused. Failing to manage a known hazard is considered negligence under NZ law, which can lead to legal claims that may not be covered by standard insurance policies. To prevent these risks, you can view our pricing guide to budget for professional hazard removal.
Can I force a neighbour to deal with a dangerous tree?
If a neighbour’s tree is posing a clear danger, you can request that they address it and, if necessary, seek a court order under the Property Law Act to have it pruned or removed. It is best to start with a polite conversation, but if the risk persists, obtaining a professional arborist’s report can provide the evidence needed for legal action..
Can I get a court order about a problem tree?
Yes, you can apply under the Property Law Act 2007 if a neighbour refuses to address a tree that poses a clear risk. The District Court can compel an owner to prune or remove a tree if it threatens life, health, or property. To support your case, it is best to provide a professional arborist’s report as evidence of the danger.