Fencing Act 1978

Introduction

You could also call this:

"Rules for Building and Fixing Fences Between Neighbours"

This law is about fences that separate two properties. You might have a fence like this between your house and your neighbour's house. The law says how these fences should be built and fixed. It is a new version of an older law from 1908. The old law is replaced by this new one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21806.

This page was last updated on 29 January 2026 — View changes

Highlights from this law

9: Adjoining occupiers to share cost of fencing

Neighbours must split the cost of building a fence between their properties

8: Fence not to encroach without consent or court order

You need permission or a court order to build a fence on someone else's land

11: Objections to proposed fence

How to disagree with someone's fence plan and suggest your own ideas

10: Notice to do work to be given

You must tell your neighbour before starting fence work they might have to help pay for

16: Contribution where immediate work required

When a fence needs urgent fixing, you can do it and ask your neighbour to pay half

17: Liability for damage caused by occupier

If you break a fence while living on the land, you have to pay to fix it

18: Person taking advantage of fence

When you use someone else's fence, you might have to pay for it

26: Right of persons constructing fences to enter on adjoining land

You can ask to go on your neighbour's land to build or fix a fence

Topics:

Housing and property > Home safety and repairsHousing and property > Land use

1: Short Title and commencement, or

"This section tells us the name of the law and when it started being used"

Fencing Act 1978

Reprint as at:: 2026-01-24
Assent:: 1978-10-16
Commencement:: see section 1(2)

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

An Act to reform the law relating to the erection and repair of dividing fences, and in substitution for the Fencing Act 1908