Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Liability for work on a fence

12: Service of notices

You could also call this:

“How to properly send notices about fences”

When you need to send a notice or cross-notice about a fence, you have to follow certain rules. You can give the notice to the person directly or send it by registered mail to their home or work address in New Zealand. If you send it by mail, it’s considered delivered when the letter would normally arrive.

If the person is not in New Zealand, you can give the notice to their agent in New Zealand. If the person has died, you can give it to the person managing their estate.

If you don’t know where the person is, they’re not in New Zealand and don’t have an agent here, or they’ve died and no one is managing their estate, you need to ask the court how to deliver the notice.

For young people under 18, you can give the notice to their guardian or the person who takes care of them daily. If the young person is 18 or older, or if they manage the land the notice is about, you can give it to them directly.

The court can always decide on a different way to deliver the notice or say you don’t need to deliver it at all.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21861.

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

12Service of notices

  1. Any notice or cross-notice required or authorised by this Act to be served on any person shall be delivered to that person, and may be delivered to him either personally or by posting it by registered letter addressed to that person at his last known place of abode or business in New Zealand. A notice or cross-notice so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.

  2. If the person is absent from New Zealand, the notice or cross-notice may be delivered as aforesaid to his agent in New Zealand. If he is dead the notice or cross-notice may be delivered as aforesaid to his administrator.

  3. If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no administrator, the notice or cross-notice shall be delivered in such manner as may be directed by an order of the court.

  4. Any notice or cross-notice required or authorised by this Act to be served on or given by any person who is a minor may be served on or given by—

  5. a person who is the guardian of, or who has the role of providing day-to-day care for, or who has the custody of, the minor; or
    1. the minor himself or herself if he or she—
      1. is of or over the age of 18 years; or
        1. has the management and control of the land in respect of which the notice or cross-notice is served or given.

        2. Notwithstanding anything in the foregoing provisions of this section, the court may in any case make an order directing the manner in which any notice or cross-notice is to be delivered, or dispensing with the delivery thereof.

        Compare
        • 1908 No 61 s 40
        • 1952 No 51 s 152
        Notes
        • Section 12(4)(a): substituted, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
        • Section 12(4)(b): substituted, on , by section 151 of the Care of Children Act 2004 (2004 No 90).