Summary: We will not investigate Mr X’s complaint about the lack of maintenance of trees on Council owned land. This is because it is reasonable to expect Mr X to take legal action.

The complaint

1. Mr X complains the Council planted trees and shrubs on land next to his property which it failed to maintain. Mr X says the tree roots have damaged his lawn. He is also concerned the tree roots may damage his house and other property in the local area.

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The Ombudsman’s role and powers

2. 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)I, as amended)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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My assessment

7. Mr X says due to lack of maintenance by the Council, trees on Council owned land are now severely overgrown and causing damage to his property. He says brambles are climbing over his 7-foot boundary fence and tree roots are damaging his lawn. He is concerned the tree roots may also damage his front wall, house and other property in the local area.

8. A resident may complain that Council owned trees caused or will cause damage to their property. We are unlikely to pursue such complaints as we generally consider it reasonable for someone to take legal action in such circumstances.

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Final decision

9. We should not investigate this complaint. This is because it is reasonable to expect Mr X to take legal action.

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Investigator's decision on behalf of the Ombudsman