Sharing a boundary fence with a neighbour sounds straightforward — until you disagree on who pays, what style to build, or whether the old fence needs replacing at all. The Fencing Act 1978 is the key piece of legislation that governs these situations in New Zealand, and understanding it can save you a lot of stress (and money) before a single post goes in the ground.
What Is the Fencing Act 1978?
The Fencing Act 1978 is a New Zealand law that establishes the rights and obligations of adjoining landowners when it comes to boundary fences — the fences that sit on or near the legal boundary between two properties. In simple terms, it says that both neighbours are generally responsible for contributing equally to the cost of a sufficient fence along their shared boundary.
The Act applies to most residential, rural, and commercial properties. However, it does not apply to all situations — for example, some properties have specific fencing obligations written into their title or a resource consent condition that overrides the Act.
What Is a "Sufficient Fence"?
The Act doesn't require a fancy fence — it requires a sufficient fence, which is defined as one that is adequate for the purposes of both properties. What counts as "sufficient" depends on context:
- A residential property might need a 1.8 m timber paling fence for privacy.
- A rural property might only need a basic post-and-wire fence to contain stock.
- A property next to a pool or young children may have specific height and safety requirements under the Building Act.
If you and your neighbour can't agree on what's sufficient, this is often where disputes begin.
How Are Costs Split?
Under the Fencing Act, the default position is a 50/50 cost split between adjoining owners. This covers both the construction of a new fence and the repair or replacement of an existing one. However, there are exceptions:
- If one owner wants a more expensive fence than what is considered sufficient, they may need to cover the extra cost themselves.
- If one property benefits more from the fence (for example, a commercial property needing a higher security fence), the contribution may be adjusted.
- Crown land, local authorities, and some public bodies may have different obligations under the Act.
The Fencing Notice Process
Before any work begins, the Act sets out a formal process to ensure both parties are on the same page:
- Serve a Fencing Notice — This is a written notice to your neighbour outlining the proposed fence (location, materials, estimated cost, and your proposed contribution split). Templates are available from many councils.
- Wait for a response — Your neighbour has 21 days to respond. They can agree, propose changes, or object.
- Negotiate — If there's disagreement, both parties should try to reach a compromise.
- Disputes Tribunal — If you still can't agree, either party can apply to the Disputes Tribunal or the District Court to resolve the matter. The Disputes Tribunal is generally the faster and cheaper option for residential disputes.
Skipping the formal notice process can weaken your legal position if a dispute arises later, so it's worth doing it properly from the start.
Urgent Fencing Situations
If a fence is damaged suddenly — say, by a storm, a vehicle, or a fallen tree — and urgent repairs are needed, you may be able to proceed without the full notice period. However, you should still notify your neighbour as soon as practicable and keep records of costs. BRANZ has useful guidance on construction standards that can help you document what a reasonable repair looks like.
Exemptions and Special Cases
Not every boundary requires a shared fence, and not every neighbour is automatically liable. Key exemptions include:
- Tenants — Tenants are generally not liable under the Fencing Act; the obligation falls on the property owner. Landlords should also be aware of Tenancy Services Healthy Homes standards, which may affect outdoor areas.
- New subdivisions — Fencing obligations may be set out in the subdivision consent or title conditions.
- Unit titles — Body corporate rules under the Unit Titles Act may override the Fencing Act for apartments and townhouses.
- Road boundaries — The Act generally does not apply to fences along public roads; that's typically the sole responsibility of the property owner.
Choosing the Right Fence
Once you and your neighbour have agreed on cost and style, it's time to think practically. Common boundary fence options in NZ include:
| Fence Type | Typical Use | Relative Cost |
|---|---|---|
| Timber paling | Residential privacy | Moderate |
| Coloured steel (e.g., Colorsteel) | Low maintenance, modern | Moderate–High |
| Post and wire | Rural/lifestyle blocks | Low |
| Concrete block | High security or retaining | High |
| Aluminium slat | Contemporary residential | High |
For materials and supplies, Mitre 10 and Bunnings both stock a wide range of fencing products suitable for NZ conditions. PlaceMakers is another good option, particularly for timber.
When to Call a Professional
While some homeowners are comfortable putting in a basic fence themselves, there are good reasons to bring in a qualified fencer:
- Boundary accuracy — A professional fencer will work from your Certificate of Title and may recommend a surveyor to confirm the exact boundary before digging. Building on the wrong side of the boundary can be a costly mistake.
- Retaining walls — If your fence also acts as a retaining wall over a certain height, it may require a building consent under the NZ Building Code. Check with your local council.
- Complex terrain — Sloped sections, rocky ground, or areas near tree roots require experience and the right equipment.
- Disputes — If your neighbour relationship is already strained, having a professional manage the build can keep things neutral and documented.
You can find qualified, local fencing professionals on tradedirectory.co.nz — look for someone familiar with your region's soil conditions and local council requirements.