‘Act of God’ no compensation for car owner

ON January 4, 2017 I parked my car in a marked space on St David St beside the North Ground. Later, a wind came up and several branches broke and fell on my car, causing substantial damage. The Dunedin City Council tells me this is an ‘‘act of God’’ and it has no responsibility. I would have thought that its public liability insurance would cover such acts, but apparently only businesses and farmers face such obligations.

The council carries insurance against employee malfeasance; the Citifleet scandal saw a payout for the DCC. But ordinary citizens parking in spaces marked out for that purpose by the council are not covered.

Why does the DCC carry insurance if its assets (trees and public parks) can cause damage without any liability on it as owner?

In deciding that it had no liability for damage, what investigations into tree health and public safety did the council complete?

Does this mean that all citizens need to be aware that they carry full liability for any damage that results from any weather event near DCCowned assets?

Kerry Rushton [Dunedin City Council recreation planning and facilities manager Jendi Paterson replies:

‘‘We sympathise with your correspondent, however, the tree and nearby trees were assessed and found to be in good health and maintained appropriately. That means the DCC is not responsible for the damage to the vehicle so we cannot be held liable. I suggest your correspondent contacts their insurance company to discuss vehicle repair options.’’]

Daycare centre

How appalled I was to read in the ODT that a daycare/childcare centre is going in at the end of Andersons Bay Rd.

What were you thinking DCC to approve it? A busy road like that and where it is situated is not suitable for children to be picked up from there. Let alone the congestion of traffic coming along Andersons Bay Rd. Andersons Bay Rd is bad enough now with the backup of traffic.

I could understand townhouses being built there but not a daycare/ childcare centre. J. Ward

Dunedin ....................................

BIBLE READING: I have swept away your offences like a cloud. — Isaiah 44.22.