Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Procedure

23: Proceedings to be in accordance with District Court Act 2016

You could also call this:

“Rules for dealing with fence disputes in court”

When you need to deal with legal matters about fences, you must follow the rules set out in the District Court Act 2016. This means that any proceedings related to fences will be handled in the same way as other cases in the District Court.

However, there’s an exception to this rule. If your case falls under section 24A of the Fencing Act, different rules might apply.

It’s also important to know that these rules don’t change or limit section 26 of Te Ture Whenua Maori Act 1993. This means that if your case involves Māori land, there might be additional or different rules to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21874.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
Crime and justice > Courts and legal help
Māori affairs > Māori land
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22: Where fence to be built, or

“Where to put a fence between two properties”

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24: Jurisdiction of the court, or

“The court's power to make decisions about fence-related issues”

Part 4 Procedure

23Proceedings to be in accordance with District Court Act 2016

  1. Subject to section 24A, the provisions of the District Court Act 2016 shall apply to all proceedings under this Act.

  2. Nothing in this Part shall restrict section 26 of Te Ture Whenua Maori Act 1993.

Compare
  • 1908 No 61 s 37
Notes
  • Section 23 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 23(1): substituted, on , by section 72 of the Disputes Tribunal Act 1988 (1988 No 110).
  • Section 23(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 23(2): amended, on , pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).