Fencing is often the subject of dispute between adjoining property owners. The Fencing Act sets out everybody’s rights and obligations and should be referred to before taking any action. The Act is administered by the Department of Justice, not the Whakatāne District Council.
This information is a guide only and is not legally binding.
I want a fence between my neighbour’s property and mine. Who pays?
If you want to build or upgrade a fence on a common boundary with a neighbour you can pay for it yourself, but either party can ask the other to pay half. The Fencing Act is a formal way of doing this and may be needed if people can’t agree on what standard the fence should be.
How high can the fence be?
A fence can be up to two metres high without needing a building or planning consent. For fences higher than this, you should talk to the Council first.
What do I do first?
Before building a fence, it’s best to meet face to face with the owner of the next door property. Neighbours can quite reasonably disagree about what is appropriate, so communication is key.
What if they won’t cooperate? Can I just put up the fence and send them the bill?
No, there is a formal procedure that must be followed. First, you must give your neighbour the details of your proposal in writing. This is called ‘serving notice’. The notice must state that it is served under the Fencing Act 1978 and must contain the names and addresses of both owners, a description of the fence, where it will go and how it is to be built, the estimated cost, how materials are to be purchased, and the start date for the work.
The notice must also state that the neighbour has 21 days to object to any aspect of the proposal and make any counter proposal. The notice must say that if the neighbour makes no communication within 21 days, they will be deemed to have agreed to the proposal and will have to share the cost. You should sign and date the notice, and keep a copy for yourself. You can’t start work during the 21-day period while you wait for a reply.
Can my neighbour refuse to pay?
In certain circumstances, yes. If they don’t own the property, believe the existing fence is adequate, or think your proposal is excessive, they can serve you with a cross-notice. This must reach you within 21 days and should detail the objection and any counter-proposals. It should state that it is served under the Fencing Act 1978 and that any persistent dispute in the matter will have to be sorted out by the courts or the Disputes Tribunal. The neighbours should sign and date the cross-notice.
What if we just can’t agree?
If your negotiations with your neighbour reach an impasse, you can take the matter to the Disputes Tribunal or the District Court. For further advice, contact your solicitor or your local Citizens' Advice Bureau.
Can I build a fence on my own property?
Yes. If your neighbour is difficult to deal with and you can’t face taking the matter to court, you can simply build the fence inside the boundary on your own property, but you’ll have to pay for it all yourself.
Queries should be directed to either the Citizens' Advice Bureau or neighbourhood law offices.
Fencing a Swimming Pool
See our Fencing a Swimming Pool page for more information on swimming pool fencing requirements and inspections.
