Wildlife Act 1953

Administration - Powers of Minister

42: Fencing of land

You could also call this:

"Rules for fencing land next to Crown land"

The Minister can decide what to do to fence land owned by the Crown for the purposes of the Wildlife Act. You need to know that the Minister can make agreements with people who occupy land next to Crown land to fence the common boundary between the two properties, following the rules of the Fencing Act 1978. If a fence is built as part of this agreement, the occupier has to pay the agreed amount to the Crown.

The Minister and the occupier decide how much the occupier will pay. This amount can be recovered from the occupier as a debt to the Crown. The rules about who pays for the fence are based on the agreement between the Minister and the occupier, as outlined in the Fencing Act 1978.

The occupier is responsible for paying the agreed amount, even if the Fencing Act 1978 says something different. You are affected by this rule if you occupy land next to Crown land and make an agreement with the Minister to build a fence. The Minister can take steps to get the money from you if you do not pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM277826.


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Part 3Administration
Powers of Minister

42Fencing of land

  1. The Minister may from time to time take such steps as he thinks fit for the fencing of any land held by the Crown for the purposes of this Act.

  2. The Minister may enter into any agreement upon such terms and conditions as he considers reasonable with the occupier within the meaning of the Fencing Act 1978 of land adjoining any land held by the Crown for the purposes of this Act for the fencing of the common boundary.

  3. Where any fence within the meaning of the Fencing Act 1978 is erected pursuant to an agreement with any such occupier, the occupier shall be liable, notwithstanding anything to the contrary in that Act, to pay such amount as may have been agreed upon by the Minister and the occupier, and that amount may be recovered from the occupier as a debt due to the Crown.

Notes
  • Section 42(2): amended, on , pursuant to section 28(1) of the Fencing Act 1978 (1978 No 50).
  • Section 42(3): amended, on , pursuant to section 28(1) of the Fencing Act 1978 (1978 No 50).