Summary: We will not investigate Mr X’s complaint about damage to his property caused by Council owned trees. This is because it is reasonable to expect Mr X to take the matter to court to achieve the outcome he seeks.

The complaint

1. Mr X complained about damage caused to his property by Council owned trees in 2021. Mr X said the matter caused him distress, frustration, and financial loss.
2. Mr X wants the Council to pay reasonable costs and compensation.

Back to top

The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complains about damage caused to his property by Council owned trees. In essence, Mr X said the Council was negligent in its management of the trees, and that it is liable for the damage caused to his property by the trees.
7. We will not investigate this complaint. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property. We cannot decide whether an organisation has been negligent and have no powers to enforce an award of damages.
8. Consequently, we would usually expect someone in Mr X’s position to seek a remedy in the courts directly, or through his insurers. It is reasonable to expect Mr X to use or to have used the court, and so we will not investigate this complaint.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman