If a fencer's work doesn't match what was agreed, you're not alone — and you do have options. New Zealand has several practical pathways to resolve trade disputes, from a straightforward conversation through to formal legal processes. Acting promptly and keeping good records will put you in the strongest position.
Start With the Fencer Directly
The first step is always to raise the issue with the fencer as soon as you notice a problem. Many disputes are resolved at this stage, especially if the fencer is reputable and values their reputation. Be specific about what you believe doesn't meet the agreed standard — for example, posts not set to the correct depth, rails not level, or materials different from those specified in the quote.
When you make contact:
- Put your concerns in writing (email is ideal — it creates a record)
- Reference the original quote or contract and describe exactly what was agreed
- Include photos showing the issue clearly
- Give the fencer a reasonable timeframe to respond or remedy the work (7–14 days is generally fair)
Review Your Contract and Quote
Before escalating, re-read your written quote or contract carefully. A good quote should specify materials (timber species, wire gauge, post sizes), fence height, post spacing, and the finish standard expected. If the fencer deviated from any of these specifics, that's a clear basis for your complaint.
If the agreement was only verbal, the dispute becomes harder to resolve — but not impossible. Any written messages, emails, or texts that confirm what was discussed can still be used as evidence.
Understand What "Acceptable Standard" Means
In New Zealand, trade work is expected to meet a reasonable standard of workmanship, even if a contract doesn't spell out every detail. Under the Consumer Guarantees Act 1993, services must be carried out with reasonable care and skill, and the result must be fit for purpose. This applies when the fencer is a business and you are a consumer (i.e., the fence is for personal/household use, not a commercial property).
For residential fencing, there is no single mandatory NZ Standard that governs all fence construction, but BRANZ publishes guidance on good building practice that can help establish what a reasonable standard looks like. Your local council may also have bylaws relating to fence heights and boundary fences — check with them directly.
If the Fencer Won't Fix It
If the fencer refuses to remedy the work or doesn't respond, you have several escalation options:
1. Disputes Tribunal
The Disputes Tribunal (sometimes called the "small claims tribunal") is a low-cost, straightforward option for claims up to $30,000. You don't need a lawyer. The Tribunal can order the fencer to fix the work, reduce the price, or pay compensation. You can apply online through the Ministry of Justice website.
2. Consumer Protection / MBIE
MBIE Building Performance provides guidance on your rights as a consumer in the building and construction sector. While fencing is not always a consented building activity, MBIE's resources can help you understand your rights under consumer law.
3. Consumer NZ
Consumer NZ offers free guidance on resolving disputes with tradespeople, including template complaint letters and advice on your rights under the Consumer Guarantees Act and Fair Trading Act.
4. Civil Court
For larger or more complex disputes, the District Court is an option, though this is slower and more costly. Legal advice is recommended before going this route.
Does Fencing Require a Building Consent?
In most cases, standard residential fencing does not require a building consent under Schedule 1 of the Building Act 2004 — but there are exceptions, such as fences over a certain height (confirm the current threshold with your local council), retaining walls combined with fencing, or fences near boundaries in certain zones. Always confirm with your local council whether consent was required for your specific fence. If consent was required and not obtained, this is a separate and serious issue.
For boundary fences between neighbours, the Fencing Act 1978 sets out rights and obligations — including how costs are shared and how disputes between neighbours (not just with contractors) are handled.
Protect Yourself Next Time
- Always get a detailed written quote before work starts
- Ask for references or check reviews before hiring
- Don't pay the full amount upfront — a deposit with the balance on satisfactory completion is standard practice
- Find a reputable local fencer through tradedirectory.co.nz
When to Call a Professional
If your dispute involves a fence that is structurally unsafe — for example, posts that are poorly set and the fence is at risk of falling — contact the fencer immediately and, if necessary, make the area safe. If the fence is near electrical lines or infrastructure, contact your lines company. For legal advice on a significant dispute, consult a lawyer or Citizens Advice Bureau.
Fencing is not restricted building work under the Licensed Building Practitioners scheme, so fencers are not required to be LBPs. However, hiring a fencer with a solid track record and clear written agreements remains your best protection.
