If a landscaper damages your property during a job, you have clear rights as a homeowner in New Zealand. In most cases, a reputable landscaping contractor will carry public liability insurance that covers accidental damage to your property — but knowing the right steps to take makes all the difference in getting a fair outcome.
Your First Steps After Damage Occurs
As soon as you notice damage, act promptly and methodically:
- Document everything. Take clear photos and videos of the damage from multiple angles before anything is moved or repaired.
- Note the date and time the damage occurred or was discovered.
- Notify the landscaper in writing (email or text) as soon as possible, so there is a clear record.
- Do not authorise repairs yourself until you have spoken with the landscaper and, if needed, their insurer — otherwise you may affect any claim.
Keeping a paper trail is essential if the matter escalates to a formal dispute.
Public Liability Insurance — What It Covers
Public liability insurance is the key protection for homeowners when a tradesperson causes accidental damage. A professional landscaper should carry this cover, typically for at least $1 million (many carry $2 million or more). It can cover:
- Damage to fences, driveways, retaining walls, or garden structures
- Broken windows or cladding from machinery or falling debris
- Damage to underground services such as irrigation pipes or drainage
- Accidental damage to neighbouring properties
Always ask to see proof of insurance before work begins — this is a simple, reasonable request that any professional will accommodate. If a landscaper cannot provide this, consider it a red flag.
What If the Landscaper Disputes Liability?
Sometimes a landscaper may argue the damage was pre-existing, or that it falls outside their responsibility. Here's how to handle that:
Try to Resolve It Directly First
Have a calm, factual conversation backed by your documentation. Most disputes are resolved at this stage when both parties act in good faith.
Get an Independent Quote
Obtain a written repair quote from another qualified tradesperson. This gives you an objective figure to work with.
Use Formal Dispute Resolution
If direct negotiation fails, you have options:
- Disputes Tribunal (Small Claims): The Disputes Tribunal handles lower-value civil claims — check the current jurisdictional limit on the Ministry of Justice website, as thresholds can change. You can find information at Consumer NZ.
- Your own home insurance: Contact your insurer — they may cover the damage and pursue the landscaper's insurer on your behalf (known as subrogation).
- Fair Trading Act 1986: If the landscaper misrepresented their skills or insurance, this legislation may apply.
Written Contracts — Why They Matter
A written contract or scope of work is your strongest protection before a job starts. A good landscaping contract should include:
| Item | Why It Matters |
|---|---|
| Scope of work | Defines exactly what is and isn't included |
| Insurance details | Confirms the contractor is covered |
| Payment schedule | Protects both parties financially |
| Damage/liability clause | Sets out who is responsible for what |
| Completion timeline | Helps manage expectations |
If you only received a verbal quote, you are not without rights, but a written agreement makes everything much clearer.
Protecting Underground Services
One common source of damage during landscaping is underground services — water pipes, drainage, electrical conduits, or irrigation lines. Before any digging begins, your landscaper should check for underground services using plans or a locating service. In New Zealand, MBIE Building Performance provides guidance on building work near services, and your local council can supply property drainage plans.
If a landscaper strikes an underground electrical cable or gas line, this becomes a safety emergency — evacuate the area and call 111 immediately, then contact the relevant utility provider.
Healthy Homes and Rental Properties
If the property is a rental, any landscaping damage that affects the habitability or safety of the home may also have implications under Tenancy Services regulations. Landlords should document the property's condition before and after any landscaping work.
When to Call a Professional
If the damage is significant — for example, a collapsed retaining wall, damaged drainage, or structural impact — you may need specialist tradespeople to assess and repair the work. Some repairs, such as those involving electrical conduits or plumbing, are restricted work that must be carried out by a licensed professional. Electrical work requires a registered electrician (see EWRB), and plumbing or drainage repairs must be done by a licensed plumber or drainlayer (see PGDB).
For peace of mind from the start, hire a qualified, insured landscaper. You can find local landscaping professionals on tradedirectory.co.nz — always ask for their insurance certificate and a written quote before work begins.
Licensed Building Practitioner (LBP)
