My neighbour and I disagree about a fence. What are the rules?

General information from Lawmateanz

In New Zealand, the Fencing Act 1978 says neighbours generally share the cost of an 'adequate' boundary fence equally. What's adequate depends on the area and what the fence is used for.

If you want to build or repair a fence and share the cost, you need to give your neighbour a written fencing notice. It sets out the boundary, the type of fence, the cost and who will do the work.

Your neighbour then has 21 days to object or make other proposals by giving you a cross-notice. If they don't respond, they're treated as having agreed.

If you can't agree, the Disputes Tribunal or the District Court can decide. You also can't usually claim a share of costs for fencing work done without giving notice first, except in urgent situations.

Check council rules on fence height and consents, and see Community Law's guide to fencing disputes for templates.

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