If an arborist damages your property during tree work, you have the right to seek compensation — and in most cases, a reputable arborist's public liability insurance will cover the cost of repairs. The key is knowing what steps to take immediately, and what to check before you hire anyone in the first place.
What Kind of Damage Can Happen?
Tree work carries real risks, and even experienced arborists can encounter unexpected situations. Common types of property damage include:
- A felled tree or large branch landing on a fence, roof, vehicle, or garden structure
- Root grinding or excavation damaging underground services (pipes, cables, irrigation)
- Climbing spikes or equipment scratching or gouging exterior cladding
- Machinery (chippers, stump grinders, elevated work platforms) rutting lawns or cracking driveways
- Debris or sawdust contaminating a pool or water feature
Some damage is accidental; occasionally it results from poor planning or inadequate skill. Either way, you have options.
The Most Important Protection: Public Liability Insurance
Before any arborist starts work on your property, always ask for proof of current public liability insurance. Reputable arborists carry at least $1–2 million in cover (many carry more), which protects you if their work causes damage to your property or injures a third party.
If an arborist cannot provide a current certificate of insurance, that is a serious red flag — do not proceed. Hiring an uninsured operator means that if something goes wrong, you may have little practical recourse beyond a costly civil dispute.
Tip: Ask for the insurer's name and policy number, and confirm the policy is current. A legitimate tradesperson will have no problem providing this.
What to Do Immediately After Damage Occurs
If damage happens during or after the job, act quickly and methodically:
- Document everything. Take clear photos and video of the damage from multiple angles before anything is moved or repaired.
- Note the circumstances. Write down what was happening at the time, who was present, and what equipment was being used.
- Notify the arborist promptly. Raise the issue with them directly and calmly. Most professional operators will want to resolve things quickly to protect their reputation.
- Get repair quotes. Obtain two or three written quotes from qualified tradespeople for the cost of repairs — this gives you a documented figure to work from.
- Keep all correspondence. Save texts, emails, and any written agreements related to the job.
Making an Insurance Claim
If the arborist accepts responsibility (or if it is clearly their fault), they should lodge a claim with their public liability insurer. The insurer will typically assess the damage and arrange or fund repairs.
If the arborist disputes liability or is unresponsive, you have several options:
- Contact their insurer directly if you have the policy details.
- Lodge a complaint with your own home and contents insurer — they may pursue the arborist's insurer on your behalf (though an excess may apply).
- Use the Disputes Tribunal for claims up to $30,000. This is a low-cost, straightforward process and does not require a lawyer. Find information at Consumer NZ.
- For larger claims, seek legal advice.
What If a Tree Falls on a Neighbour's Property?
This is a common grey area. In New Zealand, liability generally depends on negligence — if the arborist was carrying out work on your behalf and their negligence caused damage to a neighbour's property, both you and the arborist could potentially be held liable. This is another reason why having a fully insured arborist matters. If a neighbour's property is at risk during planned tree work, it is worth notifying them beforehand and ensuring the arborist has assessed the risks properly.
How to Protect Yourself Before Work Starts
Prevention is always better than a dispute. Before hiring an arborist:
| What to Check | Why It Matters |
|---|---|
| Current public liability insurance certificate | Covers property damage and injury |
| Written quote and scope of work | Sets clear expectations |
| Experience with similar jobs | Reduces risk of errors |
| References or reviews | Confirms track record |
| Any required council consent | Some tree work needs a resource consent or is restricted by a notable tree schedule — check with your local council |
Note that WorkSafe NZ sets health and safety obligations for arborists working at height or with machinery. A professional arborist should be following safe work practices under the Health and Safety at Work Act 2015. You can learn more at WorkSafe NZ.
When to Call a Professional
Always hire a qualified, insured arborist for significant tree work — especially felling large trees, working near structures, or removing trees close to power lines. Working near overhead lines is particularly hazardous and may require coordination with your lines company. A professional arborist will carry out a proper risk assessment, use appropriate equipment, and carry the insurance cover that protects both of you if something goes wrong.
You can find qualified local arborists in your area right here on tradedirectory.co.nz.
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