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Reserves Act 1977

Classification and management of reserves - General powers of Minister and of administering body

43: Fencing and maintenance of reserves

You could also call this:

"Who looks after fences and upkeep of public reserves?"

Illustration for Reserves Act 1977

The Minister can decide what to do to fence and maintain any reserve that belongs to the Crown. You need to know that the Minister has the power to make these decisions. The Minister's decisions can include what type of fence to use and how to keep the reserve in good condition.

If a fence is built on the boundary between a Crown reserve and neighbouring land, you will have to pay half of the cost if you are the neighbour. This is because the fence is on the common boundary, and the cost is shared between the Crown and the neighbour. The cost can be recovered in court if you do not pay your share, as stated in the Fencing Act 1978.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444688.

Topics:
Environment and resources > ConservationEnvironment and resources > Land useHousing and property > Land use
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Part 3Classification and management of reserves
General powers of Minister and of administering body

43Fencing and maintenance of reserves

  1. The Minister may from time to time take such steps as he or she thinks fit for the fencing and maintenance of any reserve vested in the Crown.

  2. Where any fence within the meaning of the Fencing Act 1978 is erected by authority of the Minister on the common boundary of any reserve vested in the Crown and the adjoining land, the occupier of the adjoining land shall be liable, notwithstanding anything to the contrary in that Act, for half of the cost of the erection and maintenance of the fence, and that half cost may be recovered from him or her in any court of competent jurisdiction by the Commissioner.

Compare
  • 1953 No 69 s 59
Notes
  • Section 43(2): amended, on , pursuant to section 28(1) of the Fencing Act 1978 (1978 No 50).