Replacing a boundary fence in New Zealand isn't just a matter of picking up a hammer — the law requires you to formally notify your neighbour first using a Fencing Notice under the Fencing Act 1978. Getting this process right protects you legally, helps share costs fairly, and keeps the neighbourly relationship intact.
What Is a Fencing Notice?
A Fencing Notice is a formal written document that tells your neighbour you intend to build or replace a boundary fence and invites them to share the cost. It is the starting point for any fencing dispute or cost-sharing arrangement under the Fencing Act 1978. Without serving one, you generally cannot compel your neighbour to contribute to the cost, even if the fence is on the shared boundary.
The notice must be in writing and include:
- Your name and address
- The location of the proposed fence (the boundary it will run along)
- A description of the type of fence you intend to build (materials, height, style)
- The estimated cost of the work
- The contribution you are seeking from your neighbour (usually half)
- A statement that your neighbour has 21 days to respond
You can find a template Fencing Notice through your local council or community law centre. Some councils also provide guidance on their websites.
How to Serve the Fencing Notice
Serving the notice correctly is important — if it isn't delivered properly, it may not be legally valid. You can serve a Fencing Notice by:
- Delivering it in person to your neighbour at their usual place of residence
- Posting it by registered post to their address
- Leaving it at their property if they are not home (in their letterbox or under the door)
If your neighbour is a body corporate, landlord, or trust, you may need to serve the notice on the correct legal entity. Check the property's title at LINZ (Land Information New Zealand) if you are unsure who the legal owner is.
Keep a copy of the notice for yourself and make a note of the date and method of delivery.
What Happens After You Serve the Notice?
Once the Fencing Notice is served, your neighbour has 21 days to respond. There are a few possible outcomes:
| Outcome | What It Means |
|---|---|
| Neighbour agrees | You can proceed and split the cost as agreed |
| Neighbour counter-proposes | They may suggest a different fence type or cost split — negotiate from here |
| No response after 21 days | You may be able to proceed and recover costs — seek legal advice first |
| Neighbour disputes the notice | The matter may go to the Disputes Tribunal or District Court |
If your neighbour does not respond within 21 days, the Fencing Act allows you to proceed with the work and later seek their contribution — but it is strongly advisable to get legal advice before doing so to make sure you follow the correct process.
Who Pays for the Fence?
Under the Fencing Act 1978, the cost of a sufficient fence is generally shared equally between adjoining owners. However, there are exceptions:
- If one owner wants a more expensive fence than is considered sufficient for the location, they may need to pay the difference
- Some properties are exempt from contributing (e.g. certain Crown land or reserves — check with your council)
- If the fence was damaged due to one party's actions, that party may bear more of the cost
A sufficient fence is defined as one that is appropriate for the area and purpose — not necessarily a top-of-the-line option. Your local council or a qualified fencer can advise what is considered sufficient in your neighbourhood.
Do You Need a Building Consent?
In many cases, a standard residential boundary fence does not require a building consent under Schedule 1 of the Building Act 2004, which lists exempt building work. However, there are height and location restrictions — for example, fences over a certain height or fences near a road boundary may require consent — check with your local council for the specific thresholds that apply in your district. Always confirm with your local council before starting work, as rules vary by district and some areas have specific requirements under local plans.
For more information on building consents and exemptions, visit MBIE Building Performance.
Boundary Disputes and Surveying
Before any fence goes up, make sure you know exactly where the legal boundary is. If there is any doubt, hire a licensed cadastral surveyor to peg the boundary. Building a fence even slightly over the boundary can create serious legal headaches down the track. Your local council or LINZ can point you in the right direction.
When to Call a Professional
While serving a Fencing Notice is something most homeowners can do themselves, there are situations where you should get professional help:
- Legal disputes — if your neighbour refuses to engage or disputes the notice, consult a lawyer or contact the Disputes Tribunal
- Boundary uncertainty — hire a licensed surveyor before any work begins
- Complex or large fencing projects — a qualified fencer will ensure the work meets local standards and is built to last
- Resource consent questions — check with your council if you are in a special character zone or near a road
For the fencing work itself, it pays to use a skilled, experienced fencer. You can find qualified local fencing professionals on tradedirectory.co.nz.
