Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Interpretation and application

3: Application of Act

You could also call this:

“Where this fencing law applies and doesn't apply”

This law doesn’t apply to some special places. It doesn’t cover roads, national parks, Te Urewera land, most railway land, land along the edges of waterways, or strips of land next to the coast.

The law doesn’t apply to railway land owned by the government or certain companies, except for places used for car parking, storing things, offices, or homes.

Even though the law doesn’t apply to these special places, it still applies to land owned by the government in other areas.

If you want to know more about some of the terms used, you can look them up in other parts of the law. For example, you can find out what ‘Te Urewera land’ means in section 7 of the Te Urewera Act 2014.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21842.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
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2: Interpretation, or

“Explaining what words mean in this fence law”

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4: Act not to interfere with agreements, or

“This law allows people to make their own fence agreements”

Part 1 Interpretation and application

3Application of Act

  1. Nothing in this Act shall apply in respect of—

  2. roads:
    1. land forming part of a national park under the National Parks Act 1980:
      1. land that is Te Urewera land, as defined by section 7 of the Te Urewera Act 2014:
        1. land held for railway purposes other than for the accommodation of employees by the Crown, New Zealand Railways Corporation, or a railway operator that is a Crown transferee company (as those terms are defined in section 2 of the New Zealand Railways Corporation Restructuring Act 1990):
          1. land held or occupied for the operation of a railway by a railway operator, not being a Crown transferee company (as those terms are defined in section 2 of the New Zealand Railways Corporation Restructuring Act 1990), other than land used principally for car parking, the storage of freight, materials, and ancillary equipment, or administration or residential purposes:
            1. land that is a marginal strip within the meaning of the Conservation Act 1987:
              1. land that is an esplanade reserve within the meaning of the Resource Management Act 1991 or an esplanade strip within the meaning of that Act.

                1. Subject to subsection (1), this Act binds the Crown.

                Compare
                • 1908 No 61 s 5
                Notes
                • Section 3(1)(b): amended, on , pursuant to section 80(2) of the National Parks Act 1980 (1980 No 66).
                • Section 3(1)(ba): inserted, on , by section 138 of the Te Urewera Act 2014 (2014 No 51).
                • Section 3(1)(c): substituted, on , by section 35 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).
                • Section 3(1)(ca): inserted, on , by section 35 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).
                • Section 3(1)(d): substituted, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                • Section 3(1)(e): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                • Section 3(1)(e): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).