Councils are responsible for damage caused by trees on their land where proper inspection would have identified rot and risk of falls with consequential damage to neighbours. Queenstown Lakes District was ordered to pay $63,500 for damage to a motel after a 120 year old poplar tree in St Omer Park came down in January 2014 during high winds.
Queenstown Lakes denied liability for damage to Plaza Investments motel on Lake Esplanade in Queenstown, saying reasonable steps had been taken to identify the tree’s condition. A thirty metre tall poplar tree snapped at its roots, taking out signage, several cars and leaving motel units damaged. It was not the first poplar to fall in a Council reserve. In 2004, a car was damaged on Lake Esplanade. In 2009, two trees fell in separate instances on Lower Shotover Road. A person was killed.
After the three earlier tree-falls, Council had all its poplar trees inspected on a regular basis; either visually or with invasive testing. The High Court ruled Queenstown Lakes did not carry out adequate testing in respect of the 120 year old poplar which fell on Plaza. The last inspection of this poplar several months before the fall was a visual inspection only. There was no invasive testing. Fungal rot at the foot of the tree had compromised the tree’s root system, a common issue with poplar. The Council had not taken reasonable steps to identify the problem and minimize the hazard, Justice Cull ruled. Queenstown Lakes was liable in negligence for damage caused.
Plaza Investments Ltd v. Queenstown Lakes District Council (31.07.18)
18.153