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Public Works Act 1981

Acquisition of land for public works - Miscellaneous provisions

33: Protective fences to be made before boundary fences removed

You could also call this:

“New protective fences must be built before removing old boundary fences”

If someone wants to remove a fence on or near the edge of land that the government has taken or plans to take for public works, they need to follow certain rules. You can only remove the fence if you have done one of two things. First, you could put up new fences that protect the nearby land just as well as the old fence did. This is to stop animals or people from going where they shouldn’t. Or second, you could ask the owner of the nearby land to agree in writing that it’s okay to take down the fence. These rules are there to make sure that removing a fence doesn’t cause problems for the people who own the land next door.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46035.

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Part 2 Acquisition of land for public works
Miscellaneous provisions

33Protective fences to be made before boundary fences removed

  1. Nothing in this Act shall authorise any person to remove any fencing on or near the boundary of any land that has been or is intended to be acquired under this Act unless—

  2. other fences have been erected so that all land adjacent to that land is as effectually protected against damage by trespass as it would be if the fences were not removed; or
    1. the owner of the adjacent land has agreed in writing to the removal of the fencing.

      Compare
      • 1928 No 21 s 33