Fencing Act 1881 Amendment Act 1888

Public Act		1888 No 27
Date of assent		28 August 1888

	Title
1	Short Title.
2	Sufficient fence.
3	Owner may enter adjoining land for purpose of repairing fence.
4	Crown tenants deemed to be occupiers of land held by them.
5	Amendment to Schedule A of “The Fencing Act, 1881.”
	FIRST SCHEDULE Description of Fence.
	SECOND SCHEDULE

An Act to amend “The Fencing Act, 1881.”

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

The Short Title of this Act is “The Fencing Act 1881 Amendment Act, 1888.”

2 Sufficient fence.

Fences of the kind described in the Schedules hereto shall be sufficient fences within the meaning of “The Fencing Act, 1881,” as if they had been included in the descriptions enumerated in Schedule A to such Act.

The Council of a borough or a Town Board may, within the limits of such borough or town district respectively, prohibit the erection of any fence composed partly of barbed wires or within such limits as may be provided by by-law made from time to time in that behalf.

3 Owner may enter adjoining land for purpose of repairing fence.

It shall be lawful for any owner or occupier of land without notice to enter upon the property of any adjoining occupier or owner for the purpose of repairing any dividing fence, but in so doing he shall do as little damage as possible, and shall only so enter when it shall be necessary for the purpose aforesaid.

4 Crown tenants deemed to be occupiers of land held by them.

Subject to the exception contained in section six of “The Fencing Act, 1881,” Crown tenants shall be deemed to be occupiers of the land held by them, and liable to the provisions of the said Act accordingly.

All other persons who have in any manner purchased or acquired, or may hereafter from time to time purchase or acquire, Crown lands, or any estate or interest therein, shall be deemed to be occupiers of such land, and liable to the provisions of the said Act accordingly.

5 Amendment to Schedule A of “The Fencing Act, 1881.”

Number four of Schedule A to “The Fencing Act, 1881,” shall hereafter be read as if the words “nor nine inches between the other wires” were inserted after “six inches,” in line six thereof.

SCHEDULES

FIRST SCHEDULE Description of Fence.

A fence consisting of not less than one barbed wire and five plain wires, or two barbed wires and four plain wires tightly stretched, with in either case posts of durable wood or iron standards; the posts or standards not to be more than 9 feet apart; the top wire not to be less than 4 nor more than 5 feet from the surface of the ground; or a fence commonly called the swing fence, with posts or standards half a chain apart, and slabs or battens not less than 4 feet 3 inches in length, stapled at distances of not less than 6 feet between the standards or posts, on to wires, which shall be not less than seven in number.

SECOND SCHEDULE

Any fence erected in the Westland Mining District at the time of the passing of this Act of not less than three barbed wires, tightly stretched with posts of durable wood, or iron standards in the posts, or standards not to be more than 12 feet apart. The top wire not to be less than 4 nor more than 5 feet from the surface of the ground. The space between each of the barbed wires to be as far as practicable equal, and shall, in respect of great cattle, be deemed a legal fence.

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Fencing Act 1881 Amendment Act 1888