NZ Fencing Act 1978

//  Codebase: Fencing Act 1978 (NZ)
//  Author/Contributor: Andrew Mowbray
//  Created: 7 September 2025
//  Last Updated: 7 September 2027

// Fencing Act 1978 No 50 (NZ)
// Date of Assent 16 October 1978
// Version as at 23 December 2023

GOAL RULE Long Title PROVIDES
the Long Title of this Act is An Act to reform the law relating to the 
erection and repair of dividing fences, and in substitution for the Fencing 
Act 1908

GOAL RULE Section 1 - Short Title and commencement PROVIDES
SUBRULE Section 1(1)
SUBRULE Section 1(2)

RULE Section 1(1) PROVIDES
this Act may be cited as the Fencing Act 1978

RULE Section 1(2) PROVIDES
this Act shall come into force on 1 April 1979


// Part 1 - Interpretation and application

RULE Clause 2 - Interpretation PROVIDES
SUBRULE Clause 2 "adequate fence"
SUBRULE Clause 2 "adjoining occupiers"
SUBRULE Clause 2 "court"
SUBRULE Clause 2 "fence"
SUBRULE Clause 2 "fencing agreement"
SUBRULE Clause 2 "fencing covenant"
SUBRULE Clause 2 "occupier"
SUBRULE Clause 2 "owner"
SUBRULE Clause 2 "public reserve"
SUBRULE Clause 2 "repair"
SUBRULE Clause 2 "road"
SUBRULE Clause 2 "work"

RULE Clause 2 "adequate fence" PROVIDES
"adequate fence" means a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve

RULE Clause 2 "adjoining occupiers" PROVIDES
"adjoining occupiers" means the occupiers of the lands on either side of a common boundary or a common fence

RULE Clause 2 "court" PROVIDES
"court" means (a) the District Court under the District Court Act 2016 and 
(b) the Disputes Tribunal with jurisdiction under section 24A

RULE Clause 2 "fence" PROVIDES
"fence" means a fence, whether or not continuous or extending along the whole 
boundary separating the lands of adjoining occupiers; and includes all gates, 
culverts, and channels that are part of or are incidental to a fence; and also 
includes any natural or artificial watercourse or live fence, or any ditch or 
channel or raised ground that serves as a dividing fence

RULE Clause 2 "fencing agreement" PROVIDES
the covenant, agreement, or proviso is a "fencing agreement" ONLY IF
    the covenant, agreement, or proviso is not a "fencing covenant" AND
    the covenant, agreement, or proviso relates to work on a fence between 
    adjoining lands AND/OR
    the covenant, agreement, or proviso relates to an agreement not to 
    erect a fence

RULE Clause 2 "fencing covenant" PROVIDES
the covenant, agreement, or proviso is a "fencing covenant" ONLY IF
    sub-section (a) of the definition of "fencing covenant" applies AND
    sub-section (b) of the definition of "fencing covenant" applies

RULE Clause 2 "fencing covenant" (a) PROVIDES
sub-section (a) of the definition of "fencing covenant" applies ONLY IF
    one party cannot be required by the other party to contribute towards 
    the cost of work on a fence AND 
    the other party is the occupier of adjoining land

RULE Clause 2 "fencing covenant" (b) PROVIDES
sub-section (b) of the definition of "fencing covenant" applies ONLY IF
    the covenant, agreement, or priviso does not enure for the benefit of 
    any subsequent purchaser for value of the land occupied by the first party

RULE Clause 2 "occupier" PROVIDES
the party is an "occupier ONLY IF
    sub-section (a) of the definition of "occupier" applies AND
    sub-section (b) of the definition of "occupier" applies

RULE Clause 2 "occupier" (a) PROVIDES
sub-section (a) of the definition of "occupier" applies ONLY IF
    the land is not a public reserve AND
    sub-section (a)(i) of the definition of "occupier" does not apply AND
    sub-section (a)(ii) of the definition of "occupier" does not apply

RULE Clause 2 "occupier" (a)(i) PROVIDES
sub-section (a)(i) of the definition of "occupier" applies ONLY IF
    another person is in occupation of the land under a tenancy AND
    the term of the lease is not less than 10 years AND/OR the person
    continues to be in occupation of the land after having been in occupation 
    thereof under such a tenancy

RULE Clause 2 "occupier" (a)(ii) PROVIDES
sub-section (a)(ii) of the definition of "occupier" applies ONLY IF
    sub-section (a)(i) of the definition of "occupier" does not apply AND
    another person is in occupation of the land as mortgagee in possession

RULE Clause 2 "occupier" (b) PROVIDES
sub-section (b) of the definition of "occupier" applies ONLY IF
    the land is a public reserve AND
    the party is the local authority, trustees, or persons in which or whom 
    control of the reserve is vested

RULE Clause 2 "owner" PROVIDES
"owner", in relation to any land, means the person for the time being entitled 
to receive the rack rent thereof, or who would be so entitled if the land were 
let to a tenant at a rack rent

RULE Clause 2 "public reserve" PROVIDES
"public reserve" has the same meaning as in the Reserves Act 1977

RULE Clause 2 "repair" PROVIDES
"repair" includes trimming, keeping, and maintaining a live fence, keeping 
an electric fence in working order, and cleaning, deepening, straightening, 
altering, or enlarging the course of a natural or artificial watercourse or 
any ditch or channel or raised ground that serves as a fence

RULE Clause 2 "road" PROVIDES
"road" means a road within the meaning of section 43 of the Government 
Roading Powers Act 1989; and includes any motorway, limited access road, 
street, access way, service lane, and other public highway

RULE Clause 2 "work" PROVIDES
"work" and "work on a fence" include the erection, replacement, repair, and 
maintenance of a fence in whole or in part, and the preparation of the land 
along or on either side of a boundary between adjoining occupiers for any such 
purpose; and include any survey work necessary to determine that boundary

GOAL RULE Section 3 - Application of Act PROVIDES
SUBRULE Section 3(1)
SUBRULE Section 3(2)

RULE Section 3(1) PROVIDES
the subject matter is excluded under section 3(1) ONLY IF
    section 3(1)(a) applies OR
    section 3(1)(b) applies OR
    section 3(1)(ba) applies OR
    section 3(1)(c) applies OR
    section 3(1)(ca) applies OR
    section 3(1)(d) applies OR
    section 3(1)(e) applies

RULE Section 3(1)(a) PROVIDES
section 3(1)(a) applies ONLY IF
    the subject matter is in respect of roads

RULE Section 3(1)(b) PROVIDES
section 3(1)(b) applies ONLY IF
    the land forms part of a national park under the National Parks Act 1980

RULE Section 3(1)(ba) PROVIDES
section 3(1)(ba) applies ONLY IF
    the land is Te Urewera land, as defined by section 7 of the Te Urewera 
    Act 2014

RULE Section 3(1)(c) PROVIDES
section 3(1)(c) applies ONLY IF
    the land is held for railway purposes other than for the accommodation of 
    employees by the Crown, New Zealand Railways Corporation, or a railway 
    operator that is a Crown transferee company (as those terms are defined 
    in section 2 of the New Zealand Railways Corporation Restructuring Act 1990)

RULE Section 3(1)(ca) PROVIDES
section 3(1)(ca) applies ONLY IF
    the land is held or occupied for the operation of a railway by a railway 
    operator, not being a Crown transferee company (as those terms are defined 
    in section 2 of the New Zealand Railways Corporation Restructuring Act 
    1990), other than land used principally for car parking, the storage of 
    freight, materials, and ancillary equipment, or administration or 
    residential purposes

RULE Section 3(1)(d) PROVIDES
section 3(1)(d) applies ONLY IF
    the land is a marginal strip within the meaning of the Conservation 
    Act 1987

RULE Section 3(1)(e) PROVIDES
section 3(1)(e) applies ONLY IF
    the land that is an esplanade reserve within the meaning of the Resource 
    Management Act 1991 or an esplanade strip within the meaning of that Act

RULE Section 3(2) PROVIDES
IF the subject matter is not excluded under section 3(1) THEN
    this Act binds the Crown


// Part 2 - Agreements

GOAL RULE Section 4 - Act not to interfere with agreements PROVIDES
except as provided in section 6, nothing in this Act shall affect any 
covenant, contract, or agreement made between landlord and tenant, or between 
any adjoining occupiers, or between any other persons, relating to work on a 
fence or to the question of whether or not any such work should be undertaken; 
but no such covenant, contract, or agreement shall create an interest in land

GOAL RULE Section 5 - Fencing covenants and agreements registrable PROVIDES
SUBRULE Section 5(1)
SUBRULE Section 5(2)

RULE Section 5(1) PROVIDES
fencing covenants and fencing agreements relating to land subject to the Land 
Transfer Act 2017 may be registered under that Act against the title to that 
land

RULE Section 5(2) PROVIDES
subject to section 6, the burden of any fencing covenant or fencing agreement 
that is registered against the title to the land to which it relates shall 
run with the land, whether or not assigns are named in the covenant or 
agreement

GOAL RULE Section 6 - Registration of fencing covenants to expire after 12 
years PROVIDES
SUBRULE Section 6(1)
SUBRULE Section 6(2)

RULE Section 6(1) PROVIDES
where a fencing covenant is registered under the Land Transfer Act 2017 after 
the commencement of this Act, or where a covenant, agreement, or proviso 
(being a fencing covenant within the meaning of this Act) was registered under 
the Land Transfer Act 1952 before the commencement of this Act by virtue of 
section 7 of the Fencing Act 1908, the registration of the covenant, 
agreement, or proviso shall expire after the expiration of 12 years from the 
date of the registration or the date of the commencement of this Act, 
whichever is the later

RULE Section 6(2) PROVIDES
nothing in subsection (1) applies in respect of a fencing covenant that 
protects a local authority from liability to contribute towards any work on 
a fence between a public reserve vested in or administered by that local 
authority and any adjoining land

GOAL RULE Section 7 - Creation of fencing covenants PROVIDES
IF section 7(a) applies OR section 7(b) applies THEN
    a fencing covenant by the transferee of any land is created

RULE Section 7(a) PROVIDES
section 7(a) applies ONLY IF
    the memorandum of transfer of land includes the words "The transferee 
    shall be bound by a fencing covenant as defined in section 2 of the 
    Fencing Act 1978 in favour of the transferor" or words to that effect

RULE Section 7(b) PROVIDES
section 7(b) applies ONLY IF
    the covenant, agreement, or proviso is a "fencing covenant"

GOAL RULE Section 8 - Fence not to encroach without consent or court order 
PROVIDES
the court may make an order for the removal of the fence under section 8 
ONLY IF
    section 8(3) does not apply AND
    section 8(1) applies AND
    section 8(2) applies

RULE Section 8(1) PROVIDES
section 8(1) applies ONLY IF
    the applicant is the occupier of the affected land AND
    the respondant has erected a fence that encroaches upon the affected 
    land AND
    section 8(1)(a) does not apply AND
    section 8(1)(b) does not apply

RULE Section 8(1)(a) PROVIDES
section 8(1)(a) applies ONLY IF
    the applicant has consented to the encroachment

RULE Section 8(1)(b) PROVIDES
section 8(1)(b) applies ONLY IF
    an order of the court in relation to encroachment has been made under 
    section 24

RULE Section 8(2) PROVIDES
section 8(2) applies ONLY IF
    section 8(1) applies AND
    section 8(3) does not apply AND
    section 8(2)(a) does not apply AND
    section 8(2)(b) does not apply

RULE Section 8(2)(a) PROVIDES
section 8(2)(a) applies ONLY IF
    the degree of encroachment is minimal

RULE Section 8(2)(b) PROVIDES
section 8(2)(b) applies ONLY IF
    the encroachment does not adversely affect the use and enjoyment of 
    the land

RULE Section 8(3) PROVIDES
section 8(3) applies ONLY IF
    the fence was erected before 1 April 1979


// Part 3 - Liability for work on a fence

GOAL RULE Section 9 - Adjoining occupiers to share cost of fencing PROVIDES
the applicant and the respondant are liable to contribute in equal proportions 
to work on a fence ONLY IF
    the applicant and the respondant are occupiers of adjoining lands AND
    the lands are not divided by an adequte fence AND
    section 9A does not apply AND
    there is not an order of the court under this Act that determines 
    liability for fencing

GOAL RULE Section 9A - Contributions where Building Act 2004 requires pool 
to have means of restricting access PROVIDES
section 9A applies ONLY IF
    the fence is necessary in relation to a pool in order to comply with the 
    subpart 7A of Part 2 of the Building Act 2004 AND
    section 9A(a) applies AND/OR
    section 9A(b) applies

RULE Section 9A(a) PROVIDES
section 9A(a) applies ONLY IF
    all work on the fence is required because of the application of 
    Building Act and would not otherwise be required 
IF section 9A(a) applies THEN
    all work on the fence is the responsibility responsibility of the owner 
    of the swimming pool

RULE Section 9A(b) PROVIDES
section 9A(b) applies ONLY IF
    all work on the fence is not required because of the application of 
    Building Act and would not otherwise be required 
IF section 9A(b) applies THEN
    no person, other than the owner of the swimming pool, shall be required 
    to make any contribution under this Act to the work on a fence greater 
    than the contribution that the person would be required to make to the 
    work on a fence (whether of the same type or not) if the swimming pool 
    did not exist

GOAL RULE Section 10 - Notice to do work to be given PROVIDES
a valid notice has been served under section 10 ONLY IF
    the requirements of section 10(1) have been met AND
    section 10(2) has been met AND
    section 10(3) has been met

RULE Section 10(1) PROVIDES
the requirements of section 10(1) have been met ONLY IF
   the applicant has served a Form 1 notice to the respondant

RULE Section 10(2) PROVIDES
section 10(2) has been met ONLY IF
    section 10(2)(a) applies AND
    section 10(2)(b) applies AND
    section 10(2)(c) applies

RULE Section 10(2)(a) PROVIDES
section 10(2)(a) applies ONLY IF
    the notice~specifies the boundary or line of fence, or the parts of 
    the boundary or the line of fence, along which the work is to be done

RULE Section 10(2)(b) PROVIDES
section 10(2)(b) applies ONLY IF
    section 10(2)(b)(i) applies AND
    section 10(2)(b)(ii) applies

RULE Section 10(2)(b)(i) PROVIDES
section 10(2)(b)(i) applies ONLY IF
    the notice~describes the proposed work out with sufficient particularity 
    to enable the occupier on whom the notice is served to comprehend the 
    nature of the work proposed and the materials to be used

RULE Section 10(2)(b)(ii) PROVIDES
section 10(2)(b)(ii) applies ONLY IF
    the notice~describes the proposed work out with sufficient particularity 
    to enable the occupier on whom the notice is served to estimate the cost 
    of the work

RULE Section 10(2)(c) PROVIDES
section 10(2)(c) applies ONLY IF
    the notice specifies the consequences of failure to comply therewith

RULE Section 10(3) PROVIDES
section 10(3) has been met ONLY IF
    it is proposed that the cost of the work is to be borne in equal shares OR
    the notice states the share of cost proposed

/*

RULE Section 10(4) PROVIDES
except as provided in section 16, in the absence of agreement to the contrary 
the occupier of any adjoining land shall not be liable to contribute to the 
cost of any of the following ONLY IF
    section 10(4)(a) applies AND
    section 10(4)(b) applies AND
    section 10(4)(c) applies

RULE Section 10(4)(a) PROVIDES
section 10(4)(a) applies ONLY IF
    any part of the work on a fence that is done before notice relating to 
    the work has been duly served on him

RULE Section 10(4)(b) PROVIDES
section 10(4)(b) applies ONLY IF
    any part of the work that is done after the due service of such a notice 
    and before the due service of a cross-notice on the occupier who gave the 
    notice or the expiration of 21 days from the date of the service of the 
    notice, whichever first happens

RULE Section 10(4)(c) PROVIDES
section 10(4)(c) applies ONLY IF
    any part of the work that is done after the due service of such notice 
    and cross-notice and while differences between the parties remain to be 
    resolved either by agreement or by the court

GOAL RULE Section 11 - Objections to proposed fence PROVIDES
SUBRULE Section 11(1)
SUBRULE Section 11(2)
SUBRULE Section 11(3)

RULE Section 11(1) PROVIDES
if the occupier receiving a notice objects to any of the proposals set out therein, he may, within 21 days after the date of the service of the notice, serve on the occupier who gave the notice a cross-notice signifying his objection, and he may make counter-proposals in that cross-notice

RULE Section 11(2) PROVIDES
the cross-notice shall be in form 2 of Schedule 1 or to the like effect, and any work proposed in a cross-notice to be carried out shall be specified with the same particularity as is required in the case of a notice by subsection (2) of section 10

RULE Section 11(3) PROVIDES
if the occupier receiving a notice fails to serve a cross-notice within the said period of 21 days, he shall be deemed to have agreed to the proposals set out in the notice served on him

GOAL RULE Section 12 - Service of notices PROVIDES
SUBRULE Section 12(1)
SUBRULE Section 12(2)
SUBRULE Section 12(3)
SUBRULE Section 12(4)
SUBRULE Section 12(5)

RULE Section 12(1) PROVIDES
any notice or cross-notice required or authorised by this Act to be served on any person shall be delivered to that person, and may be delivered to him either personally or by posting it by registered letter addressed to that person at his last known place of abode or business in New Zealand. A notice or cross-notice so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered

RULE Section 12(2) PROVIDES
if the person is absent from New Zealand, the notice or cross-notice may be delivered as aforesaid to his agent in New Zealand. If he is dead the notice or cross-notice may be delivered as aforesaid to his administrator

RULE Section 12(3) PROVIDES
if the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no administrator, the notice or cross-notice shall be delivered in such manner as may be directed by an order of the court

RULE Section 12(4) PROVIDES
any notice or cross-notice required or authorised by this Act to be served on or given by any person who is a minor may be served on or given by ONLY IF
    section 12(4)(a) applies OR
    section 12(4)(b) applies

RULE Section 12(4)(a) PROVIDES
section 12(4)(a) applies ONLY IF
    a person who is the guardian of, or who has the role of providing day-to-day care for, or who has the custody of, the minor

RULE Section 12(4)(b) PROVIDES
section 12(4)(b) applies ONLY IF
    section 12(4)(b)(i) applies OR
    section 12(4)(b)(ii) applies

RULE Section 12(4)(b)(i) PROVIDES
section 12(4)(b)(i) applies ONLY IF
    the minor himself or herself if he or she is of or over the age of 18 years

RULE Section 12(4)(b)(ii) PROVIDES
section 12(4)(b)(ii) applies ONLY IF
    the minor himself or herself if he or she has the management and control of the land in respect of which the notice or cross-notice is served or given

RULE Section 12(5) PROVIDES
notwithstanding anything in the foregoing provisions of this section, the court may in any case make an order directing the manner in which any notice or cross-notice is to be delivered, or dispensing with the delivery thereof

GOAL RULE Section 13 - Where notices vary PROVIDES
if a notice and cross-notice have been duly served or if notices to do work have been duly served and the proposals in those notices do not correspond, then (unless within 21 days after the date of the service of the last notice or cross-notice the differences are resolved by agreement) the matters in dispute may be determined by the court in manner hereafter provided in this Act

GOAL RULE Section 14 - Provision for doing work PROVIDES
SUBRULE Section 14(1)
SUBRULE Section 14(2)
SUBRULE Section 14(3)
SUBRULE Section 14(4)
SUBRULE Section 14(5)
SUBRULE Section 14(6)

RULE Section 14(1) PROVIDES
section 14(1) applies ONLY IF
    section 14(1)(a) applies OR
    section 14(1)(b) applies

RULE Section 14(1)(a) PROVIDES
section 14(1)(a) applies ONLY IF
    where a person serves notice under this Act in respect of work on a fence, he may proceed to do the work after the expiration of 21 days from the date of the service of the notice if he is not duly served with a cross-notice within that period

RULE Section 14(1)(b) PROVIDES
section 14(1)(b) applies ONLY IF
    where a person serves notice under this Act in respect of work on a fence, he may proceed to do the work if before the expiration of the said period of 21 days he is duly served with such a cross-notice, as soon as all differences between the parties are resolved either by agreement or by the court

RULE Section 14(2) PROVIDES
if the person who served the notice fails to commence to do the work within 28 days commencing on the day on which he first became entitled to commence the work or such longer period as may be agreed to by the parties or fixed by the court (in this section referred to as the prescribed period) either party may thereupon, or at any time within 90 days thereafter, proceed to do the work

RULE Section 14(3) PROVIDES
if the party who last proceeded to do the work fails for a period of 28 days to carry out the work with due diligence, the other party may proceed to complete the work

RULE Section 14(4) PROVIDES
if for any period of 90 days after the expiration of the prescribed period and before the completion of the work neither party does any part of the work, all notices, cross-notices, agreements, and orders relating to the work (other than agreements and orders to which subsection (5) applies) shall, in relation to the uncompleted part of the work, lapse and become of no effect, but nothing in this subsection shall restrict the giving of further notices and cross-notices or the making of further agreements or orders

RULE Section 14(5) PROVIDES
at any time before or after the expiration of any period of 90 days to which subsection (2) or subsection (4) applies, the period may be extended either by agreement of the parties or order of the court

RULE Section 14(6) PROVIDES
where in accordance with this section either party does any work on a fence, he may recover from the other party as a debt the other party's proportion of the cost of the work done

GOAL RULE Section 15 - Effect of change of occupier PROVIDES
where a notice or cross-notice is duly given by the occupier of any land to the occupier of any other land in accordance with this Act, but, before the matter is settled (whether by agreement or order of the court), one of the parties disposes of his interest in either of the parcels of land concerned, the notice or cross-notice shall cease to have effect

GOAL RULE Section 16 - Contribution where immediate work required PROVIDES
subject to the provisions of section 17, if any fence is damaged or destroyed by sudden accident or other cause and requires immediate work, either of the adjoining occupiers may do that work without any notice, and may recover half the cost thereof from the other occupier

GOAL RULE Section 17 - Liability for damage caused by occupier PROVIDES
if any fence is damaged or destroyed in circumstances in which, apart from this Act, an occupier would be liable therefor, he shall be liable for the whole cost of making good the fence

GOAL RULE Section 18 - Person taking advantage of fence PROVIDES
SUBRULE Section 18(1)
SUBRULE Section 18(2)

RULE Section 18(1) PROVIDES
in any case where there is a fence along the boundary between any land and a road, if a person (other than the owner or occupier or some other person lawfully in possession of that land) adopts or takes advantage of any means by which the fence is rendered of beneficial use to himself, or avails himself of the fence, the occupier of that land may serve on that other person a notice in writing requiring him to pay interest at the rate of 10% per annum on half the value of the fence at the time of the serving of the notice; and, so long as that other person continues to take advantage or avail himself of the fence, he shall be liable to pay that interest to the giver of the notice or his successor in title, and he shall also be liable for repairs to the fence as if he were an adjoining occupier

RULE Section 18(2) PROVIDES
in any case where a notice in respect of a fence has been served under subsection (1) and the value of the fence subsequently increases, a further notice in respect of the fence may be served under that subsection and the provisions of that subsection shall apply accordingly in respect of that further notice

GOAL RULE Section 19 - Fence erected when occupier of adjoining land exempt from liability therefor PROVIDES
SUBRULE Section 19(1)
SUBRULE Section 19(2)

RULE Section 19(1) PROVIDES
where at the time when any fence was erected the occupier of the land on one side thereof had, by reason of section 3 or of the Fencing Act 1908 or any corresponding former Act, no liability to contribute to the cost of the erection, if the occupier for the time being of that land has thereafter become liable to contribute to the cost of work on that fence ONLY IF
    section 19(1)(a) applies AND
    section 19(1)(b) applies

RULE Section 19(1)(a) PROVIDES
section 19(1)(a) applies ONLY IF
    the person who erected the fence, or his successor in title, may serve upon the occupier of that land a notice in writing requiring him to pay an appropriate share of the value of the fence at the time when the notice is served taking into account any contributions made towards the cost of the erection and maintenance of that fence by any occupier of that land

RULE Section 19(1)(b) PROVIDES
section 19(1)(b) applies ONLY IF
    that occupier shall, within 1 month after receiving the notice, pay that share to the person who erected the fence, or to his successor in title, and so long thereafter as he continues to be the occupier shall be liable to bear half the cost of work on the fence

RULE Section 19(2) PROVIDES
this section shall not apply in any case where the exemption from liability to contribute to the cost of the erection of a fence arose by reason of a fencing covenant or any other covenant, agreement, or proviso relating to fencing

GOAL RULE Section 20 - Crown tenant's option PROVIDES
where a fence was erected under the provisions of the Fencing Act 1908 dividing any land held by any person as Crown tenant from any adjoining land, and, before the commencement of this Act, the tenant exercised the option conferred on him by section 20 of the Fencing Act 1908 to pay to the person who erected the fence, or to his successor in title, interest on the proportionate share of the cost of erecting the fence for which he may have been liable as an occupier instead of paying that proportionate share, that Crown tenant shall continue to be liable to pay to that other person (or his successor in title) interest on that share at that rate during his term of occupation of the Crown land

GOAL RULE Section 21 - Give and take fence PROVIDES
SUBRULE Section 21(1)
SUBRULE Section 21(2)
SUBRULE Section 21(3)
SUBRULE Section 21(4)

RULE Section 21(1) PROVIDES
where it is impracticable or undesirable to erect a fence on the boundary of adjoining lands, and the occupiers cannot agree upon a line of fence on either side of that boundary, the line of the fence shall be determined by the court in manner hereafter provided in this section

RULE Section 21(2) PROVIDES
the court may inspect, or may appoint 1 or more persons to inspect, the proposed line of fence, and shall determine whether a fence is necessary, and (if so) what line is to be adopted; and whether any, and (if so) what compensation (whether an annual payment or otherwise) is to be made to either of the occupiers in consideration of loss of occupation of land

RULE Section 21(3) PROVIDES
the reasonable costs of inspection shall be borne as the court in its discretion shall direct

RULE Section 21(4) PROVIDES
the occupation of lands on either side of the line of fence shall not constitute a tenancy or be deemed adverse possession, and shall not affect the title to or possession of any lands, save for the purposes of this Act

GOAL RULE Section 22 - Where fence to be built PROVIDES
save as otherwise agreed or ordered by the court, the middle of a fence shall be upon the boundary line: provided that, where a fence is supported by or formed about posts, the posts shall be placed on the boundary line or as near thereto as practicable


// Part 4 - Procedure

GOAL RULE Section 23 - Proceedings to be in accordance with District Court Act 2016 PROVIDES
SUBRULE Section 23(1)
SUBRULE Section 23(2)

RULE Section 23(1) PROVIDES
subject to section 24A, the provisions of the District Court Act 2016 shall apply to all proceedings under this Act

RULE Section 23(2) PROVIDES
nothing in this Part shall restrict section 26 of Te Ture Whenua Maori Act 1993

GOAL RULE Section 24 - Jurisdiction of the court PROVIDES
SUBRULE Section 24(1)
SUBRULE Section 24(2)
SUBRULE Section 24(3)

RULE Section 24(1) PROVIDES
notwithstanding that a question of title may be involved and whatever the amount involved, the court shall have jurisdiction to hear and determine all questions and disputes arising under this Act in relation to the following matters ONLY IF
    section 24(1)(a) applies AND
    section 24(1)(b) applies AND
    section 24(1)(c) applies AND
    section 24(1)(d) applies AND
    section 24(1)(e) applies AND
    section 24(1)(f) applies AND
    section 24(1)(g) applies AND
    section 24(1)(h) applies AND
    section 24(1)(i) applies AND
    section 24(1)(j) applies AND
    section 24(1)(k) applies AND
    section 24(1)(l) applies AND
    section 24(1)(m) applies AND
    section 24(1)(n) applies AND
    section 24(1)(o) applies AND
    section 24(1)(p) applies

RULE Section 24(1)(a) PROVIDES
section 24(1)(a) applies ONLY IF
    whether an existing fence is an adequate fence

RULE Section 24(1)(b) PROVIDES
section 24(1)(b) applies ONLY IF
    work on a fence

RULE Section 24(1)(c) PROVIDES
section 24(1)(c) applies ONLY IF
    the persons by whom work on a fence is to be done

RULE Section 24(1)(d) PROVIDES
section 24(1)(d) applies ONLY IF
    the reasonable and proper cost of work on a fence, including interest on outlay and reasonable remuneration for the superintendence and labour of an occupier (or of any person acting on his behalf) when he is or has been personally engaged on the work

RULE Section 24(1)(e) PROVIDES
section 24(1)(e) applies ONLY IF
    the person or persons by whom the cost of any work on a fence is to be borne; and, if the cost is to be borne by 2 or more persons, the proportion of the cost which each of them shall bear

RULE Section 24(1)(f) PROVIDES
section 24(1)(f) applies ONLY IF
    the line of fence to be adopted, and the amount of compensation (if any) to be paid for loss of occupation of land and the manner of payment thereof

RULE Section 24(1)(g) PROVIDES
section 24(1)(g) applies ONLY IF
    the date on or before which, and the manner in which, any work is to be done

RULE Section 24(1)(h) PROVIDES
section 24(1)(h) applies ONLY IF
    the removal of a fence that is not erected on the proper boundary

RULE Section 24(1)(i) PROVIDES
section 24(1)(i) applies ONLY IF
    whether there has been a failure to exercise due diligence under subsection (3) of section 14

RULE Section 24(1)(j) PROVIDES
section 24(1)(j) applies ONLY IF
    whether immediate work is or was required under section 16

RULE Section 24(1)(k) PROVIDES
section 24(1)(k) applies ONLY IF
    the entry on adjoining land for the purpose of carrying out the work

RULE Section 24(1)(l) PROVIDES
section 24(1)(l) applies ONLY IF
    the use on adjoining land of animals, vehicles, aircraft, hovercraft, any mode of conveyance, and any equipment for the purpose of carrying out the work

RULE Section 24(1)(m) PROVIDES
section 24(1)(m) applies ONLY IF
    the value or cost of a fence, and the amount of the appropriate share payable by an occupier, for the purpose of any of the following sections, namely, sections 18, 19, and 20

RULE Section 24(1)(n) PROVIDES
section 24(1)(n) applies ONLY IF
    the amount of the appropriate share under section 19

RULE Section 24(1)(o) PROVIDES
section 24(1)(o) applies ONLY IF
    any other question or dispute arising out of this Act

RULE Section 24(1)(p) PROVIDES
section 24(1)(p) applies ONLY IF
    the costs of any proceedings (including such expenses of survey as the court thinks fit), and the parties by whom and to whom costs are to be paid

RULE Section 24(2) PROVIDES
section 24(2) applies ONLY IF
    section 24(2)(a) applies AND
    section 24(2)(b) applies

RULE Section 24(2)(a) PROVIDES
section 24(2)(a) applies ONLY IF
    in any case where the court has jurisdiction under subsection (1) it may make such consequential order as it thinks fit

RULE Section 24(2)(b) PROVIDES
section 24(2)(b) applies ONLY IF
    in any case where the court has jurisdiction under subsection (1) it may enter judgment for such sum of money as it thinks fit

RULE Section 24(3) PROVIDES
section 24(3) applies ONLY IF
    section 24(3)(a) applies AND
    section 24(3)(b) applies

RULE Section 24(3)(a) PROVIDES
section 24(3)(a) applies ONLY IF
    in any such case the court may make or enter an interim order or judgment

RULE Section 24(3)(b) PROVIDES
section 24(3)(b) applies ONLY IF
    in any such case the order or judgment shall be deemed to be final unless it expressly states that it is an interim order or judgment, as the case may be

RULE Clause 24A - Jurisdiction of Disputes Tribunal PROVIDES
SUBRULE Clause 24A(1)
SUBRULE Clause 24A(2)
SUBRULE Clause 24A(3)

RULE Clause 24A(1) PROVIDES
subject to subsection (2), the Disputes Tribunal established under the Disputes Tribunal Act 1988 shall have jurisdiction to ONLY IF
    clause 24A(1)(a) applies AND
    clause 24A(1)(b) applies

RULE Clause 24A(1)(a) PROVIDES
clause 24A(1)(a) applies ONLY IF
    hear and determine all questions and disputes arising under this Act in relation to any of the matters specified in paragraphs (a) to (o) of subsection (1) of section 24

RULE Clause 24A(1)(b) PROVIDES
clause 24A(1)(b) applies ONLY IF
    exercise the powers conferred by subsection (2) or subsection (3) of that section

RULE Clause 24A(2) PROVIDES
clause 24A(2) applies ONLY IF
    clause 24A(2)(a) applies AND
    clause 24A(2)(b) applies

RULE Clause 24A(2)(a) PROVIDES
clause 24A(2)(a) applies ONLY IF
    clause 24A(2)(a)(i) applies AND
    clause 24A(2)(a)(ii) applies AND
    clause 24A(2)(a)(iii) applies AND
    clause 24A(2)(a)(iv) applies

RULE Clause 24A(2)(a)(i) PROVIDES
clause 24A(2)(a)(i) applies ONLY IF
    make an order under section 24(2) (a) requiring a person to pay an amount exceeding $30,000

RULE Clause 24A(2)(a)(ii) PROVIDES
clause 24A(2)(a)(ii) applies ONLY IF
    make an order under section 24(2) (a) requiring a person to incur any expense that exceeds $30,000

RULE Clause 24A(2)(a)(iii) PROVIDES
clause 24A(2)(a)(iii) applies ONLY IF
    make an order under section 24(2) (a) declaring a person not liable to another for an amount exceeding $30,000

RULE Clause 24A(2)(a)(iv) PROVIDES
clause 24A(2)(a)(iv) applies ONLY IF
    make an order under section 24(2) (a) requiring a person to remove a fence where the value of the fence exceeds $30,000

RULE Clause 24A(2)(b) PROVIDES
clause 24A(2)(b) applies ONLY IF
    enter judgment under section 24(2) (b) for an amount exceeding $30,000- and an order or judgment of the Tribunal that exceeds any such restriction shall be entirely of no effect

RULE Clause 24A(3) PROVIDES
this section has been repealed

RULE Clause 25 - Power to come in and defend proceedings PROVIDES
where any proceedings have been commenced under this Act in relation to any fence, any person who may ultimately incur any liability in respect of the fence may come in and ONLY IF
    clause 25(a) applies AND
    clause 25(b) applies

RULE Clause 25(a) PROVIDES
clause 25(a) applies ONLY IF
    raise any defence in the proceedings against any party thereto

RULE Clause 25(b) PROVIDES
clause 25(b) applies ONLY IF
    avail himself of any defence in the proceedings that any party thereto might set up


// Part 5 - Miscellaneous provisions

GOAL RULE Clause 26 - Right of persons constructing fences to enter on adjoining land PROVIDES
SUBRULE Clause 26(1)
SUBRULE Clause 26(2)
SUBRULE Clause 26(3)

RULE Clause 26(1) PROVIDES
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

RULE Clause 26(2) PROVIDES
clause 26(2) applies ONLY IF
    clause 26(2)(a) applies AND
    clause 26(2)(b) applies

RULE Clause 26(2)(a) PROVIDES
clause 26(2)(a) applies ONLY IF
    the following provisions shall apply with respect to any order made under subsection (1) 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

RULE Clause 26(2)(b) PROVIDES
clause 26(2)(b) applies ONLY IF
    the following provisions shall apply with respect to any order made under subsection (1) no such order shall authorise any person to cut down, lop, or injure any tree or shrub without the consent of the owner

RULE Clause 26(3) PROVIDES
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

GOAL RULE Clause 27 - Rules PROVIDES
SUBRULE Clause 27(1)
SUBRULE Clause 27(2)

RULE Clause 27(1) PROVIDES
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

RULE Clause 27(2) PROVIDES
rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). See secondary legislation made under this Act (if published on this website) Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act. Section 27(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49). Section 27(1): amended, on 1 March 1989, by section 74 of the Disputes Tribunals Act 1988 (1988 No 110). Section 27(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7)

GOAL RULE Clause 28 - Repeals and savings PROVIDES
SUBRULE Clause 28(1)
SUBRULE Clause 28(2)

RULE Clause 28(1) PROVIDES
the enactments specified in Schedule 3 are hereby repealed

RULE Clause 28(2) PROVIDES
all matters and proceedings commenced under any such enactments, and pending or in progress at the commencement of this Act, may be continued, completed, and enforced under this Act. 

Schedule 1 - Forms

Form 1
Fencing notice

(Use of this form is not obligatory but it is given as a guide to the type 
of information that should be included in a fencing notice.)

To [owner, or occupier by virtue of a tenancy for not less than 10 years 
certain, of [address], Dunedin, or Broadacres Farm, Taradale.]

Please take notice that I desire that a/the fence be erected (or repaired) 
between your said property and my adjoining property at [number, street] 
(or Greenmeadows Farm) in accordance with the following particulars:

1 Further description of boundary to be fenced.
2 Type of fence. [If desired specify one of the specimen fences in Schedule 2 
of the Fencing Act 1978, or specify any other type desired.]
3 Method of construction. (Eg, by a contractor, or by one neighbour, or by 
both neighbours.)
4 Estimated total cost. (To be shared half each [or, if different shares are 
proposed, specify those shares].)
5 How materials to be purchased or supplied and how paid for.
6 Date for commencement of work.

Within 21 days after the date of the receipt of this notice you may object to 
any of the above particulars and make your counter-proposals.

Within the same time, if you claim you are not liable to pay for fencing, you 
may notify me accordingly and supply the name and address of the person who 
is liable for fencing in connection with your property.

If no objection is received I will proceed with the fencing in accordance with 
this notice, and you will be deemed to have agreed to the proposals set out in 
this notice, and will be liable to share the cost accordingly.

This notice is given under the Fencing Act 1978.
 
Date:
Signature:


Form 2
Cross-notice

(A cross-notice must be in this form or to the like effect.)

To [specify the giver of the original notice.]

Please take notice that I object to your notice to fence dated [date].

The particulars of my objection are as follows:
[Set forth the proposals to which objection is made. If objection is made to 
all the proposals a statement to this effect will suffice.]

* I make the following counter-proposals:
[Set forth any counter-proposals with the same particularity as is required 
in the case of a fencing notice.]

This notice is given under the Fencing Act 1978, which provides that, if we 
are unable to agree regarding the particulars to which objection is taken by 
this cross-notice and the counter-proposals that are made by this 
cross-notice, the matters in dispute may be determined by the District Court.

Date:
Signature:

*Delete if no counter-proposals are proposed.


Schedule 2
Specimen types of fence

Urban

1 Post and rail fence: A post and rail fence, at least 1 m in height, of 
substantial material, firmly erected, with not less than 4 rails, the space 
between the 2 bottom rails, and the bottom rail and the ground, not to 
exceed 125 mm, and the posts to be not more than 2.75 m apart.

2 Close boarded fence: A close boarded fence at least 1.5 m in height with 
posts and 2 rails, and having split or sawn timber placed upright, and well 
nailed to both rails, there being no openings between upright pieces of timber.

3 Paling fence: Any paling fence, at least 1 m in height, with posts and 2 
rails, and having split or sawn timber placed upright, and well nailed to both 
rails, there being not more than 100 mm of opening between upright pieces of 
timber.

4 Panel fence: A panel fence at least 1 m in height with posts spaced not more 
than 2.7 m apart and having 2 or more rails with asbestos cement infil panels 
securely screwed to the rails.

5 Masonry walls: Walls of brickwork, blockwork, or stonework adequately 
supported.

Rural

6 7 or 8 wire fence: A substantial wire fence, having 7 or 8 wires properly 
strained, with up to 2 of these wires as galvanised barbed wire, or with 1 
galvanised barbed wire and a top rail; barbed wires to be placed in a position 
agreed upon by the persons interested, or to be omitted if those persons 
agree; the posts to be of durable timber, metal, or reinforced concrete, and 
not more than 5 m apart, and securely rammed and, in hollows or where subject 
to lifting through the strain of the wire, to be securely footed, or stayed 
with wire; the battens (droppers) to be affixed to the wires and of durable 
timber, metal or plastic, evenly spaced, and not fewer than 3 between posts; 
the wires to be galvanised and of 2.5 mm high tensile steel or 4 mm steel or 
its equivalent; the bottom wire to be not more than 125 mm from the ground, 
the next 3 wires to be not more than 125 mm apart; and the top wire or rail 
to be not less than 1 m from the ground.

7 9 or 10 wire fence: A substantial wire fence having 9 or 10 wires properly 
strained, with or without battens (droppers) or lacing affixed to the wires 
between the posts or standards; the posts or standards to be of durable 
timber, metal, or reinforced concrete, well and substantially erected, and not 
more than 5 m apart, the top wire not to be less than 1 m from the ground 
surface, the wires to be galvanised, and of 2.5 mm high tensile steel or 4 mm 
steel, or its equivalent, the space between the ground and the bottom wire 
not to exceed 100 mm, the 4 bottom wires to be not more than 130 mm apart.

8 Prefabricated (netting) fence: A substantial wire netting fence properly 
strained of a minimum height of 1 m; the netting to have at least 7 horizontal 
wires, and, if necessary, extra wires above or below the netting, one of 
which may be a galvanised barb wire, all other wires to be galvanised in 
either 2.5 mm high tensile steel or 4 mm steel, or its equivalent; the 
vertical stays of the netting to be galvanised wire, and not more than 305 mm 
apart; posts or standards to be not more than 5 m apart, and of durable 
timber, metal, or reinforced concrete; additional battens (droppers) may be 
installed between the posts if both parties agree; the overall fence to be 
well and substantially erected.

9 Live fence: A close and sufficient live fence.


Schedule 3

Enactments repealed

Age of Majority Act 1970 (1970 No 137)

Amendment(s) incorporated in the Act(s).

Fencing Act 1908 (1908 No 61) (1957 Reprint, Vol 4, p 869)

Fencing Amendment Act 1922 (1922 No 33) (1957 Reprint, Vol 4, p 893)

Fencing Amendment Act 1953 (1953 No 40) (1957 Reprint, Vol 4, p 893)

Fencing Amendment Act 1955 (1955 No 90) (1957 Reprint, Vol 4, p 894)

Property Law Amendment Act 1975 (1975 No 36)

*/

PERSONTHING the applicant
PERSONTHING the respondant

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