The Fencing Act

Generally speaking, the Act specifies that neighbours of adjoining land are jointly responsible to meet the costs of erecting an adequate boundary fence. A person wanting their neighbour to be responsible under the Act for half the costs of erecting a boundary fence, they need to follow the process set out in the Act and must serve a “fencing notice” on their neighbour. The Act requires a set fencing notice form be used, and the fencing notice needs to include specific details about the new boundary fence such as:

• where the work relating to the proposed fence is to be done;
• the nature of the work to be done;
• the materials to be used;
• an estimate of the costs of the work; and
• the consequences of failing to comply with the fencing notice.

The neighbour served with a fencing notice has 21 days to serve a “cross-notice” if they do not agree with the proposed boundary fence. If the neighbour does not serve a cross-notice within the 21 day period, the proposals set out in the fencing notice are deemed to have been accepted.

If neighbours still cant agree on a boundary fence after served fencing and cross-notices, the Disputes Tribunal (or District Court if the proposed fence exceeds a value of $30,000.00) has the power to make a decision.

Decisions the Disputes Tribunal and District Court can make about boundary fences includes:

• whether an existing fence is an adequate fence;
• the work to be done on a fence;
• the persons by whom work on a fence is to be done by;
• the reasonable and proper cost of work on a fence;
• 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;
• 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;
• the date on or before which, and the manner in which, any work is to be done;
• the removal of a fence that is not erected on the proper boundary;
• whether immediate work is or was required to a fence;
• the entry on adjoining land for the purpose of carrying out the work; and
• and any other question or dispute arising out of the Fencing Act.

The Act also deals with situations where a boundary fence becomes damaged and immediate repair work is required. Neighbours have the ability to repair the fence and recover half the costs from the other neighbour. Neighbours should however first try to agree on any work to be done on a boundary fence to minimise conflict.

The Act provides that a neighbour who damages a boundary fence is liable for the damage caused and is responsible for the repairs to the fence at their own cost.

It is important to ensure you are following correct processes when dealing with a boundary fence. Ward Adams Bryan-Lamb is able to provide you with advice if you are dealing with a fencing issue.

Please note: The information contained in this article is of a general nature and it should be used as a guide only and not as a substitute for obtaining legal advice. Specific legal advice should be sought where required.