If a distribution line is damaged, the electricity distribution company is responsible for repairs. You can report an outage at: genesisenergy.co.nz/help/outages.

If a service line is damaged, it’s usually the property owner who is responsible for repairs.

It’s a good idea to check with your electricity distribution company before you carry out repairs, as they should be able to recommend a qualified person to do the work, and there may be a specific agreement in place about the lines in your area.

Although electricity retailers aren’t responsible for the lines, they are required to supply electricity that is of “acceptable quality,” based on what an ordinary or reasonable person would think is acceptable. If there has been an extreme weather event, it would be reasonable to expect your electricity to be affected, but the retailer should ensure the supply is fixed as soon as is possible after the emergency has passed. If it’s not, you can reach out to the retailer directly, or get in touch with Utilities Disputes – go to: udl.co.nz/making-a-complaint/make-a-complaint.

A damaged service line is a major safety risk. In the case of a fallen or damaged line, you should stay at least 10 metres away from the lines, treat them as live and call the emergency number for your electricity distributor.

If there’s a potential fire risk, call 111 ASAP.

If you’re renting, your landlord is responsible for maintaining the premises in a reasonable state of repair, including maintenance and repair of service lines. If it’s the distribution lines that are damaged, your landlord is still responsible for getting in touch with the distribution company and organising the repairs. The landlord is responsible for any costs involved with the repairs, too.

If there’s been an outage because of an emergency and you aren’t able to get in touch with your landlord, you may be able to pay for repairs upfront and be reimbursed later. You’ll have to show that the repairs were urgent and that you made reasonable attempts to contact the landlord about it, though, so it’s better if you and your landlord can agree about the work and payment in advance, if that’s possible.

Damage to property should be covered by your insurance. It’s unlikely you’ll get compensation from your electricity provider, unless you can show they were negligent in their instalment and maintenance of the lines.

Gas

Similar to electricity, there is a gas transmission network and a gas distribution network.

• Gas distributors – like Vector, Powerco and GasNet – own the pipes that transfer gas to your gas meter.
• Gas retailers – like Contact, Genesis, Nova Energy and Mercury – supply gas to your home and appliances.

Property owners are responsible for all outlet pipes from the gas meter to appliances, and any repairs that are needed.

If the damaged gas pipes are part of the distribution network, the gas distribution company is responsible for completing any repairs.

If the damaged pipes are on the property side of the gas meter, repairs are the property owner’s responsibility.

All repairs should be completed by qualified gas fitters.

Gas retailers are required to supply a service of “acceptable quality,” based on what an ordinary or reasonable person would think is acceptable. If there has been an extreme weather event, it would be reasonable to expect your gas supply to be affected, but the retailer should ensure the supply is fixed as soon as is possible after the emergency has passed.

If it’s not, you can reach out to the retailer directly, or get in touch with Utilities Disputes – go to: udl.co.nz/making-a-complaint/make-a-complaint.

Damaged gas pipelines are a significant safety risk. If you smell or hear a gas leak, you should turn off your gas immediately, go outside and call your gas provider’s emergency number.

If it is safe to do so, turn off all gas appliances, and the gas supply at either the meter or LPG cylinder, and open all doors and windows.

If you’re renting, your landlord is responsible for maintaining the premises in a reasonable state of repair, including maintenance and repair of gas pipes on the property-side of the gas metre. If the damaged pipes are part of the distribution framework, your landlord is still responsible for getting in touch with the distribution company and organising the repairs. The landlord is responsible for any costs involved with the repairs, too.

If there’s been an outage because of an emergency and you aren’t able to get in touch with your landlord, you may be able to pay for repairs upfront and be reimbursed later. You’ll have to show that the repairs were urgent and that you made reasonable attempts to contact the landlord about it, though, so it’s better if you and your landlord can agree about the work and payment in advance, if that’s possible.

Telecommunications

There are two general forms of telecommunications:

• Mobile service operators – like One NZ, Spark and Two Degrees – provide access to cellular networks.
• Fixed line service operators – like Chorus and Unison – provide access to copper, cable pair, wireless, satellite and fibre access networks.

Network operators are responsible for repairs to damaged network infrastructure. They are required to supply telecommunications services that meet a reasonable standard, which includes things like cost, quality and speed of repairs.  If there has been an extreme weather event, it would be reasonable to expect your service to be affected, but the operator should ensure the service is fixed as soon as is possible after the emergency has passed.

Network operators normally need to give reasonable notice to enter your property to inspect, maintain or repair existing lines, but in the case of an immediate risk, they may be able to enter property without notice.

You can lodge a complaint with Telecommunications Dispute Resolution – go to: tdr.org.nz/make-complaint. The complaints process is a free service, and independent.

Water supply

Your local district or city council (also referred to as a territorial or unitary authority) is responsible for the provision and maintenance of the “three waters” – stormwater, drinking water, and wastewater. In certain districts or regions, council-controlled companies have that responsibility (for example: Watercare in Auckland, and Wellington Water, for Wellington City, Porirua and the Hutt Valley).

Water service providers (whether a council or council-controlled company) are required to maintain both drinking water and wastewater services. Where required, this includes repairing damaged three waters infrastructure.

While it is the council’s responsibility to maintain its three water networks, landowners are responsible for maintaining all infrastructure that connects the property to these networks. This includes waterways, pipes or drains located on private land.

If the damaged infrastructure is on private land, it is usually the responsibility of the person who owns the land to arrange and complete repairs.  There are some exceptions where some public infrastructure is located on private land. The person doing the work should be a qualified professional.

For all other public infrastructure, it is the water service provider’s obligation to complete repairs.

You can clear clogged public drains if you’re unlikely to cause any damage to the drain or property, but the council doesn’t have to reimburse you for doing this.

If you’re renting, your landlord is responsible for maintaining the premises in a reasonable state of repair, including ensuring you have a functional water supply. If the damaged infrastructure is the council’s responsibility, your landlord is still responsible for getting in touch with them and organising the repairs.

Damage to property should be covered by your insurance. It’s unlikely you’ll get compensation from the council, unless you can show they were negligent in their instalment and maintenance of the infrastructure.

You have to continue paying rates even if your water supply is disrupted, but there may be a a write-off policy (a “rates remission”) in the case of an extreme weather event that has affected the infrastructure. Check your local council’s guidance for more information.

Private stormwater infrastructure

Private stormwater infrastructure can include things like catchpits, drains, gutter systems, detention tanks and soakage pits and bores, which is on private property.

This property owner is responsible for the maintenance and repair of this infrastructure. If it’s not maintained properly, the property owner may be held responsible for damage caused by resulting flooding.

If there is public stormwater infrastructure on your land, this will be shown on your certificate of title.

If repairs are needed, you should check with your local council to see if consent is needed before you carry out the work.  Councils also have emergency powers under the Resource Management Act to carry out work if immediate preventive or remedial action is required.

In the case of an extreme weather event, some preventative or remedial work is possible on rural land without council consent. There are some limitations on these works, which include that they don’t cause significant adverse effects beyond the boundaries of the land. You’ll still need to get retrospective consent from the council within a certain time period.

Public roads

Waka Kotahi (New Zealand Transport Agency) owns all state highways and is responsible for their maintenance.  Councils (unitary, city and district) own and maintain local roads.

It is Waka Kotahi’s responsibility to repair any damage to the State highway network following a severe weather event.  In some cases, Waka Kotahi may decide not to reinstate a road if it would not be practical, or cost effective.

Councils may also decide not to repair or reinstate a local road where it isn’t practical or cost-effective.

You can clear debris from local roads or the state highway on your own, but you won’t be compensated for doing so.

Driveways & private roads

Property owners are responsible for maintaining and repairing private driveways and roads. Sometimes, two or more property owners own a single road or driveway – if that’s the case, you’re usually jointly responsible. The details of ownership should be set out in your property purchase agreement.

All property owners who own the shared driveway are responsible for its maintenance and repairs. Damage due to an extreme weather event should be covered by your insurance policy.

In most cases, you and your neighbours will be required to make a reasonable contribution to the cost of repairs and maintenance (through your insurance). If you have equal use and access to the driveway, this will be an equal split; if one owner has more access and use of the driveway, it may be reasonable for them to contribute more.

Where there is an “access lot”, owned on a shared basis, each property owner will be required to contribute to repairs based on their share.

If any damage has been caused by negligence (for example, if a neighbour cleared plants which caused a bank to slip and damage the driveway),  they could be liable for the full cost of repair – however, if the cause of the damage is the extreme weather event, it’s unlikely an individual would be found negligent.

Trees, earthworks and excavation

Property owners are generally responsible for the maintenance of trees on their property. They have a duty of care to protect their neighbours’ properties from damage trees or earthworks may cause.

If damage is caused by an extreme weather event, it is generally unlikely that property owners will be responsible for any damage to their neighbours’ property.

Yes, trees on your own land are your property and you can clear them.

Some historic or notable trees are protected under council regulations, which means there might be restrictions on how you can maintain or remove them. If a fallen tree is protected, you should get in touch with your local council before you clear it for guidance and consent.

You can clear fallen trees on public roads and land if it’s a potential safety risk, though you can’t remove or damage any standing trees without Council consent.

While you have a general duty of care to protect your neighbour’s property from damage caused by trees on your property, where a tree has fallen in a severe weather event and damaged your neighbour’s property, it is unlikely that you will be responsible unless you have been negligent.

You do have a duty to avoid doing anything on your land which could cause neighbouring land to be damaged or subside, so it’s important to get expert guidance before you remove a tree or undertake earthworks that might affect someone else’s property.

If excavation work is required after an extreme weather event, you should check if there is any utility infrastructure underground or overhead in the area where you’re planning work. Property owners will usually be held responsible for damage caused to pipes or lines, so it’s important to know if there are any at risk in your plans.

You can find the location of all utilities online – go to: beforeudig.co.nz/nz/home.