Fencing Act 1978

Procedure

25: Power to come in and defend proceedings

You could also call this:

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

If someone starts legal proceedings about a fence under this law, you can join in if you might end up having to pay for or deal with the fence. You can do two things:

You can argue against any of the people involved in the case. This means you can say why you think they’re wrong or why you shouldn’t have to pay.

You can use any defence that the other people in the case could use. This means if there’s a good reason why the fence shouldn’t be built or paid for, you can use that reason too, even if someone else thought of it first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21881.

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

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


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26: Right of persons constructing fences to enter on adjoining land, or

“You can ask to go on your neighbour's land to build or fix a fence”

Part 4 Procedure

25Power to come in and defend proceedings

  1. Where any proceedings have been commenced under this Act in relation to any fence, any person who may ultimately incur any liability in respect of the fence may come in and—

  2. raise any defence in the proceedings against any party thereto:
    1. avail himself of any defence in the proceedings that any party thereto might set up.
      Compare
      • 1908 No 61 s 45