Fence placement disputes are one of the most common neighbourly disagreements in New Zealand, but the good news is there's a clear legal framework to help you resolve them. The Fencing Act 1978 sets out your rights and responsibilities, and in most cases a calm conversation backed by solid information is all it takes to reach a fair outcome.
Start With a Friendly Conversation
Before reaching for legal tools, try talking to your neighbour directly. Many disputes arise simply from misunderstandings about where the legal boundary sits or who is responsible for costs. Approach the conversation calmly, focus on facts rather than feelings, and be open to compromise. A good outcome for both parties is almost always better than a prolonged dispute.
If face-to-face feels uncomfortable, a polite written note or letter is a reasonable first step.
Know Where Your Boundary Actually Is
The single most important thing in any fence placement dispute is knowing exactly where the legal boundary lies. Do not assume the existing fence, a hedge, or a concrete strip marks the true boundary — these are often inaccurate.
To confirm your boundary:
- Check your Certificate of Title and survey plan — these are available through Land Information New Zealand (LINZ) at linz.govt.nz.
- Hire a licensed cadastral surveyor to peg the boundary on the ground. This is the only definitive way to establish the legal line.
- Check with your local council — some councils hold older survey records that may help.
Once the boundary is confirmed, both parties have a solid, neutral reference point to work from.
Understand the Fencing Act 1978
The Fencing Act 1978 is the key piece of legislation governing boundary fences in New Zealand. Under this Act:
- Both neighbours are generally equally responsible for the cost of a sufficient fence on the common boundary.
- A sufficient fence is one that is appropriate for the area and the adjoining land uses — it doesn't have to be a particular style, but it must be fit for purpose.
- If you want to build or replace a fence, you must serve your neighbour with a formal fencing notice before starting work. This notice outlines the proposed fence, its location, and the estimated cost.
- Your neighbour then has 21 days to respond, agree, or raise objections.
If you skip the fencing notice process and build without agreement, you may lose your right to recover costs from your neighbour.
What If You Can't Agree?
If direct negotiation fails, there are several options available to you:
Mediation
Mediation is a voluntary, confidential process where a neutral third party helps both sides reach an agreement. It's faster and cheaper than going to court. Many community law centres and councils offer or can refer you to mediation services. Tenancy Services also provides useful guidance on neighbour disputes, particularly for rental properties.
Community Law Centres
Free legal advice is available through community law centres around New Zealand. They can help you understand your rights under the Fencing Act before you take further steps.
The Disputes Tribunal
If mediation fails, either party can apply to the Disputes Tribunal (sometimes called the Small Claims Tribunal). The Disputes Tribunal is designed to be accessible without a lawyer and can make binding decisions on fencing disputes. You can find information on applying through the Ministry of Justice website.
District Court
For more complex or high-value disputes, the District Court can hear fencing matters, though this is rarely necessary and significantly more expensive.
Fences and the NZ Building Code
Depending on the fence type and height, a building consent may be required. Under Schedule 1 of the Building Act 2004, many standard boundary fences are exempt from consent — but this depends on height, materials, and location. For example:
- Fences over 2.5 metres in height may require consent.
- Fences near swimming pools must comply with the Building Act 2004 pool fencing requirements regardless of the boundary dispute.
- Fences in special character zones or heritage areas may have additional council restrictions.
Always check with your local council before building to confirm whether consent is needed in your specific situation. MBIE Building Performance has helpful guidance on consent exemptions.
Practical Tips to Avoid Future Disputes
- Get everything in writing — any agreement with your neighbour about fence placement, cost-sharing, and style should be documented and signed by both parties.
- Use a licensed fencer — a qualified fencing contractor will be familiar with boundary requirements and can help ensure the fence is placed correctly. You can find local fencing professionals on tradedirectory.co.nz.
- Photograph the boundary pegs before and during construction.
- Keep copies of all fencing notices and correspondence.
When to Call a Professional
If the dispute involves a significant amount of money, a complex boundary situation, or a neighbour who is unresponsive or aggressive, it's worth getting professional help early. A licensed cadastral surveyor can definitively establish the boundary, and a property lawyer can advise you on your rights under the Fencing Act and help draft or respond to formal fencing notices. For disputes heading toward the Disputes Tribunal, a community law centre can help you prepare your case. Finding a reputable local fencing contractor through tradedirectory.co.nz can also help ensure any agreed fence is built correctly from the start.
