If you want to build a fence between your property and your neighbour's, you don't need to argue forever about how it should be done or who will pay.
The Fencing Act sets out your rights and obligations when it comes to building, upgrading or repairing a boundary fence.
Your rights
Does my neighbour have to pay for half of a boundary fence?
If you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, your neighbour must pay half except when:
there’s a contract, covenant or written or verbal agreement to the contrary
you and your neighbour agree to pay different amounts
the fence is damaged or destroyed by your neighbour, in which case they must pay the full amount.
If your neighbours are tenants, then it’s the landlord who is responsible.
Do I have to tell my neighbour I’m putting up a fence?
Talk to your neighbours about building a new fence or upgrading an existing one. Keep the proposal reasonable. They're entitled to object if they disagree about what is appropriate.
Who gets to choose what kind of fence is built on my boundary?
You both must agree what kind of fence is built.
Issues can arise, for example, when you want a metal fence, but your neighbour wants a cheaper, wooden fence. Your neighbour doesn't have to pay any more than half the cost of an "adequate" fence.
An adequate fence is one that is ‘reasonably satisfactory’ for the purpose it is intended to serve. This means that if you want a fancier fence, but a simple one will do the job, you might have to foot more of the bill.
If you can’t agree, you can resolve the dispute through mediation, arbitration, a disputes tribunal or district court.
There’s more information below about how to resolve disputes about boundary fences.
Where should the fence go?
The fenceposts should be placed right on the boundary line or as near to it as practicable. If there are no posts, the middle of the fence should be on the boundary line.
If you’re not sure where your boundary is, you might have to engage a surveyor.
How high can my fence be?
You can usually build a fence up to 2.5m high without getting consent from the local council.
But you should always check with the council to make sure. It may be that you live in a special heritage area or are affected by rules in the district plan that mean you cannot build your fence this high.
It's also worth checking the certificate of title. You may be affected by a covenant impacting who is responsible for the costs of building and maintaining a fence.
We know your rights
Got a problem with a faulty product, received shoddy service or been misled by a retailer? Our expert advisers can provide clear, practical advice that you can trust.
Disagreements about boundary fences
What if me and my neighbour can’t agree about a boundary fence?
If you can’t reach an agreement, or your neighbour refuses to pay half, there is a formal process you can follow. First, you must serve your neighbour with a ‘fencing notice’.
What is a fencing notice?
A fencing notice is a letter setting out what work you want to undertake on the fence. The notice should state that it is served under the Fencing Act 1978 and contain the names and addresses of both you and your neighbour.
It must include certain information about:
the boundary to be fenced
the type of fence to be built
who will build the fence
the estimated total cost
how materials are to be purchased
the start date for work.
It must also explain:
your neighbour has 21 days to object to any aspect of the proposal and make any counter proposals
if your neighbour does not accept liability for damage or destruction of an existing or previous fence, you must be told within 21 days the reason why and be given the name and address of whoever your neighbour believes is liable
if your neighbour makes no communication within 21 days, they will be deemed to have agreed to the proposals and will have to share the cost.
Remember to sign and date the notice and keep a copy for yourself. You can deliver it by registered letter or in person. This is called ‘serving notice’.
If you have trouble preparing your notice, refer to the Fencing Act. A sample notice is included in the schedules to the act, as are some useful descriptions of different types of fences.
What if my neighbour doesn't want a new boundary fence?
If your neighbour doesn’t want a new boundary fence, they should serve you with a cross-notice. They can object to part or all of your proposal if they believe the existing fence is adequate, or think your proposal is excessive.
They can also object to being asked to pay if they don't own the property.
This cross-notice must be served on you in person or sent by registered mail and must reach you within 21 days.
What should a cross-notice say?
It should detail your neighbour's objection and any counter proposals. It should also state that it is served under the Fencing Act.
A sample cross-notice is included in the schedules to the act.
If you can't agree between you, you can resolve the dispute through mediation, arbitration, a disputes tribunal or a district court.
For more information, see the section on how to resolve disputes about boundary fences.
Do I have to issue a new notice if I get a new neighbour and still want the fence?
A new neighbour means a new chance for a friendly relationship. You may find they agree with your plans. But if they don't, you will have to go through the process of serving a notice again.
Can my neighbour stop the builder crossing the boundary line while building the fence?
Your neighbour can stop someone from entering their property. But if this happens, you can seek an order from a district court or disputes tribunal. The order can allow anyone building the fence to enter your neighbour's property at reasonable times. It also enables them to do whatever is reasonably required to build the fence.
The fence has been destroyed in a storm, but my neighbour is overseas and I need to get it repaired quickly. Can I ask them to help with the cost when they get home?
If your neighbours are away, and a fence needs immediate repairs, you can do the work and recover half the costs.
If the fence requires replacing, you should replace it with a comparable fence. You can't upgrade the fence without your neighbour's agreement and expect them to pay half the cost.
My neighbours have built a swimming pool near the boundary and are required by law to fence it in. Do I have to help them pay?
Yes, but your contribution should not exceed the amount you would pay if the swimming pool did not exist. That is, half the cost of an ‘adequate’ fence in that area of the boundary.
Can my neighbour put up a fence without my permission?
Your neighbour can’t put up a fence, or upgrade an existing fence, without your permission. They must follow the process and serve you a fencing notice first. If they don’t, you legally don’t have to pay for work done before any notice is served.
You also won’t have to pay for work done on the fence:
during the 21-day period after a fencing notice is served
between the fencing notice being served and any cross-notice you choose to serve.
How to resolve disputes about boundary fences
Consumer NZ Advice Line
Our advisors are here to help. If you’re a member, you’re entitled to expert advice if you’ve got a consumer problem, including one involving boundary fences.
Mediation and arbitration
A mediator helps the two sides in a dispute negotiate a solution. An arbitrator imposes a solution. Both processes are private and voluntary, but once you agree to take part in an arbitration you are bound by the outcome.
The courts will back an arbitrated settlement. A mediated outcome can be enforced by the courts only if you both agree to this happening before you start the process.
Both approaches are charged on a time basis, which you negotiate with the mediator or arbitrator. Contact the Arbitrators' and Mediators' Institute of New Zealand for help.
Disputes tribunal
A disputes tribunal can hear most claims relating to the Fencing Act, provided the claim does not exceed $60,000. Filing fees will vary depending on what you’re claiming for. For claims under $2,000, the fee is $61. For claims under $4,999 but more than $2000, the fee is $121.
We’d recommend taking action in the disputes tribunal before considering any court action. It’s cheaper, more flexible, and its decisions are enforceable.
District court
A court can also hear claims relating to the Fencing Act or for property damage, including issues a disputes tribunal cannot hear.
Courts can award monetary compensation for damage caused by a tree to a fence and can order that a tree be removed or trimmed.
Claims to a district court will almost certainly need the help of a lawyer and can be expensive.
What should you include in a complaint letter?
We have a number of useful letter templates to help you create your own letter of complaint and stand up for your rights.