Fencing Act 1978

Liability for work on a fence

17: Liability for damage caused by occupier

You could also call this:

“If you break a fence while living on the land, you have to pay to fix it”

If you damage or destroy a fence, and you’re the person using or living on the land (called an occupier), you have to pay for fixing it. This is true even if the Fencing Act doesn’t say anything about it. You’ll need to pay the full cost of repairing the fence or building a new one to replace what you damaged.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21867.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use

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16: Contribution where immediate work required, or

“When a fence needs urgent fixing, you can do it and ask your neighbour to pay half”


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18: Person taking advantage of fence, or

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

Part 3 Liability for work on a fence

17Liability for damage caused by occupier

  1. If any fence is damaged or destroyed in circumstances in which, apart from this Act, an occupier would be liable therefor, he shall be liable for the whole cost of making good the fence.