Dealing with a fencer who has delivered substandard work is frustrating, but in New Zealand you have clear, practical steps you can take to seek a resolution — from a simple written complaint right through to the Disputes Tribunal. Acting promptly and keeping good records will give you the strongest possible case.
Start With a Direct, Written Complaint
Before escalating, always try to resolve the issue directly with the fencer. This is not just good practice — it is often required before you can take a dispute further.
- Document the problems clearly. Take dated photos of every defect: leaning posts, incorrect spacing, wrong materials, poor concrete work, or fencing that does not match the agreed spec.
- Write a formal letter or email describing the specific issues, referencing your original quote or contract, and stating what remedy you want (repair, redo, or partial refund).
- Set a reasonable deadline — typically 10–15 working days — for the fencer to respond or begin remedial work.
- Keep copies of all correspondence. If you spoke by phone, follow up with a written summary of what was discussed.
Many disputes are resolved at this stage, especially if the fencer values their reputation.
Know Your Consumer Rights Under the Consumer Guarantees Act
If the fencer is a business (not a private individual), your work is protected by the Consumer Guarantees Act 1993 (CGA). Under the CGA, services must be carried out with reasonable care and skill, completed in a reasonable time, and be fit for purpose. If the fencing work fails these guarantees, you are entitled to have the problem fixed or, if the failure is significant, to have the work redone by someone else at the fencer's cost.
The Contract and Commercial Law Act 2017 may also be relevant if there was a written contract with specific terms.
Consumer NZ has excellent plain-English guidance on your rights when tradespeople do poor work — it is well worth reading before you escalate.
Escalate to the Disputes Tribunal
If the fencer does not respond or refuses to fix the problem, the Disputes Tribunal (sometimes called the "small claims tribunal") is your most accessible formal option. It handles claims up to $30,000 (or up to $62,000 if both parties agree) and is designed to be used without a lawyer.
- File your claim online through the Ministry of Justice website.
- You will need your documentation: photos, quotes, invoices, contracts, and all correspondence.
- The hearing is informal and a referee will make a binding decision.
- Filing fees are modest and scale with the claim amount.
This is often the most practical route for residential fencing disputes.
Check Whether a Building Consent Was Required
Fencing is generally exempt from building consent under Schedule 1 of the Building Act 2004 — but there are exceptions. Retaining walls over 1.5 metres, fences near boundaries in certain zones, or fences that form part of a pool barrier may require consent. If your fencer carried out work that needed consent but did not obtain it, this is a serious matter.
Contact your local council's building department to confirm whether consent was required for your specific fence. If it was, and the work was done without it, the council has enforcement powers. MBIE Building Performance can help you understand the Building Code requirements that apply.
Pool Fencing: A Safety-Critical Issue
If your complaint involves a pool barrier or pool fence, treat this as urgent. Pool fencing in NZ must comply with the Building Act 2004 and NZS 8500 (or the relevant clauses of the Building Code). A non-compliant pool fence is a safety hazard and a legal liability. Contact your local council immediately — they have inspection and enforcement powers in this area. Do not wait for a tribunal hearing.
Fencing Is Not a Licensed Trade — But That Matters
Unlike electrical or plumbing work, fencing is not a licensed or registered trade in New Zealand. There is no governing board to complain to in the way you would contact the Electrical Workers Registration Board or the Plumbers Gasfitters & Drainlayers Board for those trades. This means your main avenues are consumer law and the Disputes Tribunal rather than a professional body.
However, if the fencer is a member of a trade association, you may be able to raise a complaint with that organisation.
Withholding Payment — Proceed Carefully
If you have not yet paid in full, you may be tempted to withhold the balance. This can be a legitimate response to a genuine failure, but it carries risk — the fencer could pursue you for the unpaid amount. Get independent advice (from Consumer NZ or a Citizens Advice Bureau) before withholding payment, and make sure you have communicated your reasons clearly in writing.
When to Call a Professional
If the substandard fencing involves a pool barrier, a retaining wall, or a boundary fence with legal implications, consider getting an independent assessment from a qualified fencer or building inspector before proceeding. Their written report can be powerful evidence in a Disputes Tribunal hearing. You can find reputable local fencers on tradedirectory.co.nz to provide a second opinion or carry out remedial work if needed.
