Fencing Act 1978

Introduction

You could also call this:

"Updating the rules for shared property fences"

This law changes the rules about building and fixing fences that separate properties. It replaces an older law called the Fencing Act 1908. The new rules explain how you and your neighbours should handle putting up new fences or repairing existing ones between your properties.

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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.

Highlights from this law

9: Adjoining occupiers to share cost of fencing

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

10: Notice to do work to be given

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

11: Objections to proposed fence

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

4: Act not to interfere with agreements

This law allows people to make their own fence agreements

14: Provision for doing work

Rules for doing work on a fence with your neighbour

18: Person taking advantage of fence

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

22: Where fence to be built

Where to put a fence between two properties

24: Jurisdiction of the court

The court's power to make decisions about fence-related issues

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:: 2023-12-23
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