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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Removal orders - Application of certain other Acts

223: Relationship with Fencing Act 1978

You could also call this:

“How fences changed by removal orders work with the Fencing Act”

When someone changes a fence, plants, or structure that’s part of a fence because of a removal order, it’s considered a good enough fence for the part of the property it covers. This lasts for a certain amount of time, unless a court says otherwise.

If a fence, structure, or plants are removed because of an order, the person who had to remove it has to pay for all the work on a new fence. This rule applies for a set period of time.

The time period for these rules is either 3 years from when the removal order was made, or until the person who had to remove the fence moves out or stops owning the property, whichever happens first.

The date of the removal order is when it was first made, or if someone objected to it, when it was confirmed or changed after the objection.

These rules are part of how the Fencing Act 1978 works with removal orders. The Fencing Act has its own definition for what an ‘occupier’ is, and that definition is used here too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174006.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Removal orders: Application of certain other Acts

223Relationship with Fencing Act 1978

  1. If a fence, within the meaning of section 2 of the Fencing Act 1978, or vegetation or a structure that is, or forms part of, a fence, is altered in accordance with a removal order made under this subpart, it is presumed, unless a court orders otherwise under the Fencing Act 1978, to be an adequate fence within the meaning of that Act in respect of the part of the boundary of the property that it covers until the expiry of the period described in subsection (4).

  2. Until the expiry of the period described in subsection (4), if a fence, structure, or vegetation is removed under a removal order made under this subpart, the Fencing Act 1978 applies in respect of any boundary on the property affected by the removal as if section 9 of that Act required the occupier of the property in respect of which the order was made to pay the total cost of work on a fence.

  3. For the purposes of subsection (2), occupier has the meaning given to it by section 2 of the Fencing Act 1978.

  4. The period referred to in subsections (1) and (2) is the shorter period of—

  5. 3 years from the date of the removal order; or
    1. the period from the date of the removal order until the date on which the respondent ceases to occupy or, if the respondent was the owner of the property, ceases to own the property in respect of which the order was made.

      1. For the purposes of subsection (4), the date of the removal order is the date on which the order was made under section 216 or, if an objection was made under section 217(1), the date on which the order was confirmed or varied under section 218(1).

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