Fencing Act 1978

Part 1
Interpretation and application

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    adequate fence means a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve

    adjoining occupiers means the occupiers of the lands on either side of a common boundary or a common fence

    court means—

    • (b) a Disputes Tribunal that has jurisdiction under section 24A

    fence means a fence, whether or not continuous or extending along the whole boundary separating the lands of adjoining occupiers; and includes all gates, culverts, and channels that are part of or are incidental to a fence; and also includes any natural or artificial watercourse or live fence, or any ditch or channel or raised ground that serves as a dividing fence

    fencing agreement means a covenant, agreement, or proviso, not being a fencing covenant, that relates in any way whatever to work on a fence between adjoining lands; and includes an agreement not to erect a fence

    fencing covenant means a covenant, agreement, or proviso—

    • (a) that one party to the covenant, agreement, or proviso may not be required by the other party, being the occupier of adjoining land, to contribute towards the cost of work on a fence between the land occupied by the first party and that adjoining land; and

    • (b) that does not enure for the benefit of any subsequent purchaser for value of the land occupied by the first party

    occupier—

    • (a) in relation to any land, other than a public reserve, means the owner thereof, except that,—

      • (i) where another person is in occupation of the land under a tenancy granted for a term of not less than 10 years certain or continues to be in occupation of the land after having been in occupation thereof under such a tenancy, that other person shall be the occupier of the land; or

      • (ii) where no person is an occupier of the land by virtue of subparagraph (i), but a person is in occupation of the land as mortgagee in possession, that last-mentioned person shall be the occupier of the land:

    • (b) in relation to any public reserve, means the local authority, trustees, or persons in which or whom control of the reserve is vested

    owner, in relation to any land, means the person for the time being entitled to receive the rack rent thereof, or who would be so entitled if the land were let to a tenant at a rack rent

    public reserve has the same meaning as in the Reserves Act 1977

    repair includes trimming, keeping, and maintaining a live fence, keeping an electric fence in working order, and cleaning, deepening, straightening, altering, or enlarging the course of a natural or artificial watercourse or any ditch or channel or raised ground that serves as a fence

    road means a road within the meaning of section 43 of the Government Roading Powers Act 1989; and includes any motorway, limited access road, street, access way, service lane, and other public highway

    work and work on a fence include the erection, replacement, repair, and maintenance of a fence in whole or in part, and the preparation of the land along or on either side of a boundary between adjoining occupiers for any such purpose; and include any survey work necessary to determine that boundary.

    Compare: 1908 No 61 s 2

    Section 2 court: substituted, on 1 March 1989, by section 71 of the Disputes Tribunals Act 1988 (1988 No 110).

    Section 2 fencing covenant paragraph (b): amended, on 14 December 1979, by section 2 of the Fencing Amendment Act 1979 (1979 No 88).

    Section 2 road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2 road: amended, on 1 October 1989, pursuant to section 116(1) of the Government Roading Powers Act 1989 (1989 No 75).