The Fencing Act 1978 contains most of the law relating to fences.
As a property owner, you can choose to enter into an agreement or covenant about fencing on your property. This agreement can be registered against your land title, and will bind any subsequent owners for up to 12 years, safeguarding against future misunderstandings.
- all fences must be on the boundary line
- you need a building consent for a fence 2.5 metres or more high. (Fences over 2.0m in height will require resource consent.)
- adjoining owners share the cost of putting up or repairing a fence (unless one owner damages the fence, in which case he must pay for the repairs)
- you can only obtain a compulsory contribution to the cost of a fence if a fencing notice is served on the adjoining owner under the Fencing Act
- subdividing owners in a new subdivision exempt themselves from contribution to the cost of a fence
- under the Property Law Act 1952, you can apply to the district courts for an order to remove or alter a fence if that fence is injuriously affecting your land or unduly obstructing your view
- you should check your district and regional plans for any provisions relating to fence heights, colours and placement
- if a fence is going to be erected over 2m you are required to have a Resource Consent, please discuss this with a Duty Planner