Fencing in Rodney council covenanted bush.

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3 years 9 months ago #542215 by pennykember
Tawharanui Peninsular.
We have a neighbour who wants to put a fence through a covenanted bush block which our two properties share.
The land is very up and down and any fence will be off the ground in places because of the ravines and cliffs. The neighbour has four large dogs which he struggles to control. They wander through the fence onto our land and into the bush as well.
We don't want a fence in the bush - we have marked the boundary with pegs and feel that , with proper dog management the neighbour should be able to control his dogs when in the bush and that these dogs should not be allowed access uncontrolled as there are ground nesting birds nests which the dogs destroy.
We are also in a high wind zone and trees come down all the time in the bush - we don't want to have to maintain a fence which will be costly to put in and then maintain. Any suggestions?

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3 years 9 months ago #542216 by LongRidge
Have you checked the Fencing Act? If so, have you noticed the word "adequate", and where it is placed in the Act? So the question that you have to ask yourself is what domestic plants or animals or both do you want to keep inside your property? If none then you do not have to contribute to the cost of the fence or it's maintenance. If the neighbour still wants you to share fencing costs then he will serve you with a Fencing Notice, which you should reply to. He can then still go ahead and do everything at his cost, but put a "lein" on your title so that should you ever run animals against "his" fence so that his fence holds them in your property, then you will have to pay your share of the fencing.

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3 years 9 months ago #542217 by kate
Hi Penny

Is your part of the bush covenanted too? Is there fence around the outside of the bush block? If so, I can't see any reason for your neighbour to build a boundary fence and certainly none for you to contribute to it (this is not legal advice, just my opinion!). Does the covenant allow him to fence in a covenanted area? I suggest you talk to whoever the covenant is lodged with...QEII or whoever.

Web Goddess

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3 years 9 months ago #542218 by Ruth
Get hold of QEII if that's who it is covenanted under. No, dogs must be under the direct control of their owners at all times, which should never involve free access to areas where wild creatures live. Do you think your neighbour has missed those requirements of dog control?

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3 years 9 months ago #542219 by LongRidge
I have been told that if my dogs harm a native animal then they can legally be put down. I hope that this does not apply to flies, because one of the dogs loves chasing them.:-(. And barking at keruru and paradise ducks :-(.

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