Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Liability for work on a fence

10: Notice to do work to be given

You could also call this:

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

If you want someone to help pay for work on a fence, you need to give them a special notice. This notice should tell them exactly where the fence work will be done and what kind of work you want to do. You need to describe the work clearly so the other person can understand what you’re planning and how much it might cost. The notice should also say what will happen if they don’t agree to help.

If you think the cost should be split differently than half-and-half, you need to say that in the notice too.

The person you’re asking to help pay usually won’t have to pay for any work that’s done before you give them the notice. They also won’t have to pay for work done in the first 21 days after you give them the notice, or while you’re still trying to agree on what to do.

You can find the form for this notice in Schedule 1 of this law. If you need to describe a specific type of fence, you can look at Schedule 2 for help.

Sometimes, there are exceptions to these rules. You can find out about those in section 16 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21859.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
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Part 3 Liability for work on a fence

10Notice to do work to be given

  1. Any occupier who desires to compel any other occupier under this Act to contribute to the cost of work on a fence shall serve on him a notice in form 1 of Schedule 1 or to the like effect.

  2. The notice shall—

  3. specify the boundary or line of fence, or the parts of the boundary or the line of fence, along which the work is to be done; and
    1. specify (whether by reference to a fence described in Schedule 2 or otherwise) the work proposed to be carried out with sufficient particularity to enable the occupier on whom the notice is served to—
      1. comprehend the nature of the work proposed and the materials to be used; and
        1. estimate the cost of the work; and
        2. specify the consequences of failure to comply therewith.

          1. If it is proposed that the cost of the work shall be borne otherwise than in equal shares, the notice shall state the shares that are proposed.

          2. Except as provided in section 16, in the absence of agreement to the contrary the occupier of any adjoining land shall not be liable to contribute to the cost of any of the following:

          3. any part of the work on a fence that is done before notice relating to the work has been duly served on him:
            1. any part of the work that is done after the due service of such a notice and before the due service of a cross-notice on the occupier who gave the notice or the expiration of 21 days from the date of the service of the notice, whichever first happens:
              1. any part of the work that is done after the due service of such notice and cross-notice and while differences between the parties remain to be resolved either by agreement or by the court.

                Compare
                • 1908 No 61 s 12