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Trees down in the recent big winds? - Mortlock McCormack Law | Property and Commercial Law | Christchurch, New Zealand
Trees down in the recent big winds? - Mortlock McCormack Law | Property and Commercial Law | Christchurch, New Zealand
Trees down in the recent big winds? - Mortlock McCormack Law | Property and Commercial Law | Christchurch, New Zealand
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Trees down in the recent big winds?

December 2025 Emily Flaszynski

Recent storms blew over many trees, including one at Principal Hamish Douch’s property, taking out the garage on its way down to the ground. If your trees or property were affected in the recent storms, here’s what you need to know to protect your property and your wallet.

Step 1: Document the Damage

  • Take clear photos and videos of:
    • Fallen trees from multiple angles.
    • Damage to your home, fences, vehicles, or land.
  • Record details:
    • Date, time, and weather conditions at the time of the incident.

Step 2: Prevent Further Damage

  • Use temporary measures to mitigate the damage:
    • Cover exposed areas with tarps (only if safe).
    • Attend to any leaks
  • Do NOT cut or move the tree/s until your insurer gives you the go-ahead.

Step 3: Contact Your Insurer Promptly

  • Provide:
    • Photos, incident details, and any urgent repair needs.
  • Ask:
    • Are emergency removal costs covered?
  • Confirm coverage:
    • Storm or wind damage → usually covered by private insurance.
    • Earthquake or landslide damage → may fall under Natural Hazards Cover (NHCover).

What’s Covered?

Damage caused by a falling tree is not automatically covered under the Natural Hazards Insurance Act unless the tree fell as a direct result of a natural hazard event (e.g., earthquake, landslide, volcanic activity, tsunami, or fire caused by these hazards). Storms and floods are excluded from cover under the NHC Act because they are frequent and considered standard risks for private insurers.

The private insurer will usually cover tree falls due to storm or strong winds. Remember though, that trees that fall due to rot or neglect can be excluded depending on the circumstances.

Tree removal costs will usually be covered for the part that is necessary for repairs. Damage that is caused by the tree to fences, sheds or other structures is often covered but, depending on the policy, some limits may apply.

Quick Coverage Guide

Scenario NHCover Private Home Insurance
Tree falls due to earthquake, landslide, volcanic activity, tsunami, or related fire ✅ Covered (up to statutory cap) ✅ Additional costs beyond NHCover
Tree falls due to storm or strong winds ❌ Not covered ✅ Usually covered (check policy wording)
Tree falls due to rot or neglect ❌ Not covered ❌ Often excluded
Tree removal costs ❌ Not covered ✅ Usually covers part necessary for repairs
Damage to fences, sheds, or other structures ❌ Not covered ✅ Often covered (limits apply)

Why Storms aren’t in NHCover

The Natural Hazards Insurance Act focuses on rare, catastrophic geological hazards such as earthquakes and landslides. Storms and floods, while damaging, are common and manageable by private insurers.

In short:

  • NHCover = catastrophic geological hazards (rare, severe, unpredictable).
  • Storms/floods = meteorological hazards (common, covered by private insurance).

Action to take

If, like Hamish, you had damage from a tree in the great winds, make sure you have contacted your insurance company to make a claim. This needs to be done “promptly” – as soon as reasonably possible after the event. Do not delay.

  • Check your insurance policy today to confirm what’s covered.
  • Keep all documentation handy—photos, receipts, and notes.

If a dispute arises with your insurance company over coverage, or you are unsure where you stand, please don’t hesitate to contact our team (law@mmlaw.co.nz/03 377 2900) We can help you step through your insurer’s dispute resolution process or that which exists under the Natural Hazards Insurance Act.