In New Zealand it is the Fencing Act 1978 which governs the requirements for Dividing Fences, there were a few amendments and the Act was reprinted on the 1st August 2009.
The Act further covers two specimen types of fences detailed in Schedule 2 of the Act they are as follows:
URBAN
1. Post and rail fence – a post and rail fence, at least 1 m in height, or substantial material, firmly erected, with not less than 4 rails, the space between the 2 bottom rails, and the bottom rail and the ground, not to exceed 125mm, and the posts to be not more than 2.75 m apart.
2. Close boarded fence – a closed boarded fence at least 1.5 m in height with post rails, and having split or sawn timber placed upright, and well nailed to both rails, there being no openings between upright pieces of timber.
3. Paling fence – any paling fence, at least 1 m in height, with posts and 2 rails, and having split or sawn timber placed upright, and well nailed to both rails, there being no more than 100 mm of opening between upright pieces of timber.
4. Panel fence – Any panel fence at least 1 m in height with posts spaced not more than 2.7 m apart and having 2 or more rails with asbestos cement infill panels securely screwed to the rails.
5. Masonry walls – Walls of brickwork, block work, or stonework adequately supported.
The other specimen is rural but this will not be covered in this article.
Disputes can arise between neighbours over the cost and materials in relation to dividing fences and the process for resolution is as follows:
Firstly you must understand what is defined as an adequate fence in the Act which states “if its nature, condition and state of repair are reasonably satisfactory for the purpose it serves or intended to serve”.
If you require your neighbour to contribute to the cost and material and this cannot be resolved amicably you are required to service notice on the neighbour. The Act sets out the best form to utilise in schedule 1 of the Act.
In effect the neighbour will have 21 days to either confirm they will contribute half the cost or dispute the notice, whereby they then serve you with a cross notice.
If you have received no response within the 21 days it will be deemed the neighbour has accepted your proposal.
Further more if the dispute cannot be resolved it will need to be heard in the Dispute Tribunal in New Zealand for amounts up to $7,500.00.
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