Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Miscellaneous provisions

27: Rules

You could also call this:

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

The Governor-General can make rules about how courts should handle cases under this Act. These rules cover things that aren’t already spelled out in the Act. They tell the courts what to do and what forms to use.

If there aren’t any rules for a specific situation, or if the rules don’t cover everything, the courts will use the District Court Rules 2014 or the Disputes Tribunal Act 1988. The courts will use whichever one fits best for that case.

When the Governor-General makes these rules, they are called secondary legislation. This means they have to follow certain rules about how they are published. You can find out more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21884.

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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”

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28: Repeals and savings, or

“This part explains how the new fencing rules replace old ones but don't mess up unfinished fencing matters”

Part 5 Miscellaneous provisions

27Rules

  1. The Governor-General may from time to time, by Order in Council, make rules prescribing, in all cases not specially provided for in this Act, the practice and procedure of the court and forms in all proceedings before a court under this Act, and until rules are made and to the extent they do not cover any case the provisions of the District Court Rules 2014, or of the Disputes Tribunal Act 1988, as the case may require, shall so far as practicable be adopted.

  2. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 27(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 27(1): amended, on , by section 74 of the Disputes Tribunals Act 1988 (1988 No 110).
  • Section 27(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).