31 Jul 2018
PLAZA INVESTMENTS LTD v QUEENSTOWN LAKES DISTRICT COUNCIL [2018] NZHC 1925
- Citation
- [2018] NZHC 1925
- Court
- High Court
The High Court held the District Court erred by narrowing the Council's duty to mere inspection and maintenance; the correct duty required the Council, as landowner with known hazardous over-mature Lombardy poplars, to take reasonable steps to prevent or minimise the risk to neighbouring property. Applying an objective reasonable authority standard given the known risks, the Council breached that duty by failing to undertake periodic internal testing or phased felling despite expert reports and the omission was a factual cause of Plaza's damages of $63,577.72.