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New Zealand law explained for everyone

Fencing Act 1978

Procedure

24: Jurisdiction of the court

You could also call this:

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

The court has the power to make decisions about many things related to fences, even if it involves questions about who owns the land or how much money is involved. Here are some of the things the court can decide:

If a fence is good enough, what work needs to be done on a fence, who should do the work, and how much it should cost. The court can also decide who should pay for the work and how much each person should pay if more than one person is responsible.

The court can choose where the fence should go and if anyone should get money for losing use of their land. They can also set dates for when work should be finished and how it should be done.

If a fence is in the wrong place, the court can decide if it should be moved. They can also decide if someone didn’t act quickly enough to fix a fence problem or if a fence needed to be fixed right away in an emergency.

The court can allow people to go onto their neighbour’s land to work on a fence, and can let them bring animals, vehicles, or equipment to do the work.

When people are buying or selling land with a fence, the court can decide how much the fence is worth and how much each person should pay.

The court can make decisions about any other questions that come up about fences under this law, including who should pay for the costs of going to court.

When the court makes a decision, they can also make other orders to help solve the problem. They can decide to give someone money if they need to.

The court can make temporary decisions that can be changed later, or they can make final decisions. If the court doesn’t say a decision is temporary, it will be treated as final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21877.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
Crime and justice > Courts and legal help
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23: Proceedings to be in accordance with District Court Act 2016, or

“Rules for dealing with fence disputes in court”

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24A: Jurisdiction of Disputes Tribunal, or

“Disputes Tribunal can help with fence problems up to $30,000”

Part 4 Procedure

24Jurisdiction of the court

  1. Notwithstanding that a question of title may be involved and whatever the amount involved, the court shall have jurisdiction to hear and determine all questions and disputes arising under this Act in relation to the following matters:

  2. whether an existing fence is an adequate fence:
    1. work on a fence:
      1. the persons by whom work on a fence is to be done:
        1. the reasonable and proper cost of work on a fence, including interest on outlay and reasonable remuneration for the superintendence and labour of an occupier (or of any person acting on his behalf) when he is or has been personally engaged on the work:
          1. the person or persons by whom the cost of any work on a fence is to be borne; and, if the cost is to be borne by 2 or more persons, the proportion of the cost which each of them shall bear:
            1. the line of fence to be adopted, and the amount of compensation (if any) to be paid for loss of occupation of land and the manner of payment thereof:
              1. the date on or before which, and the manner in which, any work is to be done:
                1. the removal of a fence that is not erected on the proper boundary:
                  1. whether there has been a failure to exercise due diligence under subsection (3) of section 14:
                    1. whether immediate work is or was required under section 16:
                      1. the entry on adjoining land for the purpose of carrying out the work:
                        1. the use on adjoining land of animals, vehicles, aircraft, hovercraft, any mode of conveyance, and any equipment for the purpose of carrying out the work:
                          1. the value or cost of a fence, and the amount of the appropriate share payable by an occupier, for the purpose of any of the following sections, namely, sections 18, 19, and 20:
                            1. the amount of the appropriate share under section 19:
                              1. any other question or dispute arising out of this Act:
                                1. the costs of any proceedings (including such expenses of survey as the court thinks fit), and the parties by whom and to whom costs are to be paid.

                                  1. In any case where the court has jurisdiction under subsection (1) it may—

                                  2. make such consequential order as it thinks fit:
                                    1. enter judgment for such sum of money as it thinks fit.

                                      1. In any such case—

                                      2. the court may make or enter an interim order or judgment:
                                        1. the order or judgment shall be deemed to be final unless it expressly states that it is an interim order or judgment, as the case may be.

                                          Compare
                                          • 1908 No 61 s 36