Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Miscellaneous provisions

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

You could also call this:

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

When you need to build or fix a fence, you might need to go onto your neighbour’s land to do the work. If it’s harder or more expensive to do the work from your side, you can ask a court for permission to go onto your neighbour’s property. The court can let you, your workers, and your equipment enter your neighbour’s land at reasonable times to do the fence work.

If the court gives you permission to enter your neighbour’s land, you must be careful. You should cause as little damage as possible to the land and disturb people on the land as little as you can. The court might also set rules for you to follow, like paying your neighbour for any trouble caused.

Remember, even if you have permission to enter, you can’t cut down or damage any trees or bushes unless the owner says it’s okay.

If your neighbour tries to stop you from entering their land when you have court permission, they might have to pay for all the fence work. However, they can ask the court to only make them pay for part of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21883.

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

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27: Rules, or

“How courts should handle cases and what rules to follow”

Part 5 Miscellaneous provisions

26Right of persons constructing fences to enter on adjoining land

  1. Where an occupier is doing or proposes to do work under this Act and access to the fence over his own land is more difficult, inconvenient, or expensive than over the adjoining land, the court may authorise that occupier, his agents, workmen, and contractors, with or without animals, vehicles, aircraft, hovercraft, any mode of conveyance, and any equipment, to enter upon any portion of the adjoining land at all reasonable times and do such things thereon as are reasonably necessary to carry out the work.

  2. The following provisions shall apply with respect to any order made under subsection (1):

  3. the right of entry thereby conferred shall be exercised so as to cause as little damage as possible to the land entered upon and as little disturbance as possible to persons lawfully upon the land, and shall be upon such terms and conditions, including payment of compensation, as the court thinks fit:
    1. no such order shall authorise any person to cut down, lop, or injure any tree or shrub without the consent of the owner.

      1. If an owner or occupier of land, by himself or his agents or employees, obstructs any entry authorised by an order made under subsection (1), he shall be liable (in addition to any other penalty that he may incur) to pay the entire cost of the work, unless the court (on application made by him in that behalf) orders him to pay part only of that cost.

      Compare
      • 1908 No 61 s 45