Fencing Act 1978

Procedure

24A: Jurisdiction of Disputes Tribunal

You could also call this:

"The Disputes Tribunal helps solve fence disputes under the Fencing Act 1978"

Illustration for Fencing Act 1978

The Disputes Tribunal can hear and decide disputes about fences under the Fencing Act 1978. You can take a dispute to the Tribunal if it is about something listed in section 24 of the Act. The Tribunal has the power to make orders and judgments, but there are limits to what it can do. The Tribunal cannot make an order that requires someone to pay more than $60,000. It also cannot make someone remove a fence that is worth more than $60,000. If the Tribunal makes an order or judgment that exceeds these limits, it has no effect. The Disputes Tribunal is established under the Disputes Tribunal Act 1988, which you can read more about on the New Zealand legislation website. The Tribunal's powers are also limited by section 24 of the Fencing Act 1978. You can find more information about the Tribunal's jurisdiction and powers in these Acts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21878.

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24: Jurisdiction of the court, or

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


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25: Power to come in and defend proceedings, or

"You can join and defend yourself in a fence dispute even if you weren't originally involved"

Part 4Procedure

24AJurisdiction of Disputes Tribunal

  1. Subject to subsection (2), the Disputes Tribunal established under the Disputes Tribunal Act 1988 shall have jurisdiction to—

  2. hear and determine all questions and disputes arising under this Act in relation to any of the matters specified in paragraphs (a) to (o) of subsection (1) of section 24; and
    1. exercise the powers conferred by subsection (2) or subsection (3) of that section.
      1. In the exercise of its jurisdiction under subsection (1), the Disputes Tribunal shall not—

      2. make an order under section 24(2)(a)
        1. requiring a person to pay an amount exceeding $60,000:
          1. requiring a person to incur any expense that exceeds $60,000:
            1. declaring a person not liable to another for an amount exceeding $60,000:
              1. requiring a person to remove a fence where the value of the fence exceeds $60,000:
              2. enter judgment under section 24(2)(b) for an amount exceeding $60,000
                1. and an order or judgment of the Tribunal that exceeds any such restriction shall be entirely of no effect.

                2. Repealed
                Notes
                • Section 24A: inserted, on , by section 73 of the Disputes Tribunals Act 1988 (1988 No 110).
                • Section 24A heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 24A(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 24A(2): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 24A(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 24A(2)(a)(i): amended, on , by section 10 of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
                • Section 24A(2)(a)(ii): amended, on , by section 10 of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
                • Section 24A(2)(a)(iii): amended, on , by section 10 of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
                • Section 24A(2)(a)(iv): amended, on , by section 10 of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
                • Section 24A(2)(b): amended, on , by section 10 of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
                • Section 24A(3): repealed, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).