Fencing Law: The Fencing Act 1978

Fencing Act 1978

The Fencing Act sets out how neighbours share the cost of a boundary fence — including the formal “fencing notice” process for splitting costs fairly.

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Key points at a glance

  • Neighbours generally share the cost of an adequate boundary fence equally.
  • The Fencing Act 1978 provides a formal “fencing notice” process to agree work and costs.
  • You cannot force a neighbour to pay for an unnecessarily expensive fence.
  • Disputes can go to the Disputes Tribunal or District Court.

Sharing the cost

Under the Fencing Act 1978, adjoining owners are generally each liable to contribute equally to an “adequate” fence on their shared boundary. What is adequate depends on the properties and the purpose of the fence.

If you want a fence that is more expensive than adequate, you can still build it — but your neighbour is usually only required to contribute their half of the cost of an adequate fence, with you paying the difference.

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The fencing notice process

The Act sets out a formal process starting with a “fencing notice” that proposes the fence, the work, the materials and how costs will be shared. Your neighbour can agree or serve a cross-notice proposing changes.

It is always best to reach a friendly written agreement first. If you cannot agree, the fencing notice process protects your position, and unresolved disputes can be taken to the Disputes Tribunal or the courts.

For homeowners

  • Talk to your neighbour and try to agree in writing before starting.
  • Use a fencing notice if you need to formalise cost sharing.
  • Remember a neighbour only has to contribute to an “adequate” fence.

For tradespeople

  • Advise clients that boundary fences may involve the Fencing Act process.
  • Provide clear quotes clients can share with neighbours.
  • Confirm the boundary line before building — a survey may be needed.

The information on this page is provided as a general guide only. tradedirectory.co.nz makes no representations or warranties regarding the accuracy, completeness, or suitability of this information for your specific situation. Costs, timeframes, and recommendations vary significantly depending on your location, property, and individual circumstances. Always obtain multiple quotes from qualified tradespeople and seek independent professional advice before undertaking any home improvement or building work. tradedirectory.co.nz accepts no liability for any loss or damage arising from reliance on the information provided on this site.