Plain language law

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1: Short Title and commencement
or “This section tells us the name of the law and when it started being used”
You could also call this:

“Explaining what words mean in this fence law”

In this law, unless the situation requires otherwise, certain words have specific meanings:

An “adequate fence” is a fence that’s good enough for what it’s meant to do, considering what it’s made of and how well it’s kept up.

“Adjoining occupiers” are the people who use the land on either side of a shared boundary or fence.

A “court” can mean two things:

  1. The District Court, which is set up by the District Court Act 2016.
  2. The Disputes Tribunal, which can deal with certain fence issues as explained in section 24A of this law.

A “fence” is something that separates land, even if it doesn’t go all the way along the boundary. It includes gates, culverts, and channels that are part of the fence. It can also be a natural or man-made waterway, a living hedge, a ditch, or raised ground that divides properties.

A “fencing agreement” is any agreement about work on a fence between adjoining lands, including an agreement not to build a fence. It’s not the same as a fencing covenant.

A “fencing covenant” is an agreement that says one person can’t be made to pay for fence work by their neighbour. This agreement doesn’t apply to anyone who buys the first person’s land later.

An “occupier” is usually the owner of the land. But if someone else is renting the land for at least 10 years, or if a bank has taken over the property, they become the occupier. For public reserves, the occupier is whoever controls the reserve.

An “owner” is the person who has the right to receive rent for the land, or would have that right if the land was rented out.

A “public reserve” means the same thing as in the Reserves Act 1977.

“Repair” includes taking care of living hedges, keeping electric fences working, and maintaining any kind of watercourse or raised ground that acts as a fence.

A “road” is defined in section 43 of the Government Roading Powers Act 1989. It includes motorways, streets, and other public roads.

“Work” or “work on a fence” means building, fixing, or maintaining a fence. It also includes preparing the land for a fence and any surveying needed to find the boundary.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 3: Application of Act

or “Where this fencing law applies and doesn't apply”
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Part 1 Interpretation and application

2Interpretation

  1. In this Act, unless the context otherwise requires,—

    adequate fence means a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve

      adjoining occupiers means the occupiers of the lands on either side of a common boundary or a common fence

        court means—

        1. the District Court under the District Court Act 2016:
          1. the Disputes Tribunal with jurisdiction under section 24A

            fence means a fence, whether or not continuous or extending along the whole boundary separating the lands of adjoining occupiers; and includes all gates, culverts, and channels that are part of or are incidental to a fence; and also includes any natural or artificial watercourse or live fence, or any ditch or channel or raised ground that serves as a dividing fence

              fencing agreement means a covenant, agreement, or proviso, not being a fencing covenant, that relates in any way whatever to work on a fence between adjoining lands; and includes an agreement not to erect a fence

                fencing covenant means a covenant, agreement, or proviso—

                1. that one party to the covenant, agreement, or proviso may not be required by the other party, being the occupier of adjoining land, to contribute towards the cost of work on a fence between the land occupied by the first party and that adjoining land; and
                  1. that does not enure for the benefit of any subsequent purchaser for value of the land occupied by the first party

                    occupier—

                    1. in relation to any land, other than a public reserve, means the owner thereof, except that,—
                      1. where another person is in occupation of the land under a tenancy granted for a term of not less than 10 years certain or continues to be in occupation of the land after having been in occupation thereof under such a tenancy, that other person shall be the occupier of the land; or
                        1. where no person is an occupier of the land by virtue of subparagraph (i), but a person is in occupation of the land as mortgagee in possession, that last-mentioned person shall be the occupier of the land:
                        2. in relation to any public reserve, means the local authority, trustees, or persons in which or whom control of the reserve is vested

                          owner, in relation to any land, means the person for the time being entitled to receive the rack rent thereof, or who would be so entitled if the land were let to a tenant at a rack rent

                            public reserve has the same meaning as in the Reserves Act 1977

                              repair includes trimming, keeping, and maintaining a live fence, keeping an electric fence in working order, and cleaning, deepening, straightening, altering, or enlarging the course of a natural or artificial watercourse or any ditch or channel or raised ground that serves as a fence

                                road means a road within the meaning of section 43 of the Government Roading Powers Act 1989; and includes any motorway, limited access road, street, access way, service lane, and other public highway

                                  work and work on a fence include the erection, replacement, repair, and maintenance of a fence in whole or in part, and the preparation of the land along or on either side of a boundary between adjoining occupiers for any such purpose; and include any survey work necessary to determine that boundary.

                                  Compare
                                  • 1908 No 61 s 2
                                  Notes
                                  • Section 2 court: replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                  • Section 2 fencing covenant paragraph (b): amended, on , by section 2 of the Fencing Amendment Act 1979 (1979 No 88).
                                  • Section 2 road: amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                                  • Section 2 road: amended, on , pursuant to section 116(1) of the Government Roading Powers Act 1989 (1989 No 75).