Boundary Fence again!

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2 years 7 months ago #556046 by LongRidge
Replied by LongRidge on topic Boundary Fence again!
Gazza, I think that the Fencing Act says something to the effect that your fence must be suitable to keep your stock in. Thus my tree stock need a different sort of a fence to stop them escaping my property than my goats do. And my neighbour needs a different sort of fence to keep his deer out of my orchard :-).

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2 years 7 months ago #556049 by max2
Replied by max2 on topic Boundary Fence again!

pretty sure the fencing act requires you to keep stock out of your property,ironically

Not the fencing act.

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2 years 7 months ago - 2 years 7 months ago #556050 by max2
Replied by max2 on topic Boundary Fence again!

Gazza, I think that the Fencing Act says something to the effect that your fence must be suitable to keep your stock in. Thus my tree stock need a different sort of a fence to stop them escaping my property than my goats do. And my neighbour needs a different sort of fence to keep his deer out of my orchard :-).

LR please post a link to this in the fencing act.
Last edit: 2 years 7 months ago by max2.

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2 years 7 months ago #556052 by tonybaker
Replied by tonybaker on topic Boundary Fence again!

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)
The following user(s) said Thank You: max2

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2 years 7 months ago #556055 by LongRidge
Replied by LongRidge on topic Boundary Fence again!
Greetings max2. The Fencing Act 1978 updated 2019 can be found at legislation.govt.nz/act/1978/0050/latest/whole.html
"Adequate" is defined in the definitions. Interestingly if you have an agreement with the shared boundary owner then the requirements of the Act are secondary to the agreement.
The Trespass Act is also interesting in that even if a person has been given an order to not trespass, that person can come onto the property to retrieve possessions, and for safety reasons.

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2 years 6 months ago #556063 by max2
Replied by max2 on topic Boundary Fence again!

Greetings max2. The Fencing Act 1978 updated 2019 can be found at legislation.govt.nz/act/1978/0050/latest/whole.html
"Adequate" is defined in the definitions. Interestingly if you have an agreement with the shared boundary owner then the requirements of the Act are secondary to the agreement.
The Trespass Act is also interesting in that even if a person has been given an order to not trespass, that person can come onto the property to retrieve possessions, and for safety reasons.

Thanks LR for the link to the Fencing Act, I am somewhat familiar with it these days from practical application, but I was keen to receive a link from you to the Act section where you say as follows:


''Gazza, I think that the Fencing Act says something to the effect that your fence must be suitable to keep your stock in. Thus my tree stock need a different sort of a fence to stop them escaping my property than my goats do. And my neighbour needs a different sort of fence to keep his deer out of my orchard :-).''


Whilst I agree with you when boundary neighbours agree to a certain type of fencing, or there is a covenant on the property titles in regard to fencing, the Fencing Act does not need to be relied on (although I assume someone may have a right to appeal a covenant if it unfairly discriminates against their property).

However, as far as I am aware, the legal requirement for an animal owner to keep their animals contained on their property comes under the District Council's Keeping Animals Bylaw.

Furthermore, as far as I am aware, it doesn't reduce an adjoining boundary owners (tree stock owner) liability for the shared cost of a fence, whether that be repair, new erection or replacement where appropriate.

There are also samples in the Fencing Act of what is considered suitable boundary fencing which helps avoid all nasty arguments for either more or less unless agreed.

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2 years 6 months ago #556066 by LongRidge
Replied by LongRidge on topic Boundary Fence again!
The Acts are very ambiguous. The Trespass Act states to the effect that anyone can go onto your property to retrieve their items that have got onto your property. So ... if you do not want to retrieve your property soon, why would that be stated. Why would a person want to retrieve their items if happily grazing on the neighbours property. I need to look up the Impounding Act :-).

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2 years 6 months ago #556107 by max2
Replied by max2 on topic Boundary Fence again!

The Acts are very ambiguous. The Trespass Act states to the effect that anyone can go onto your property to retrieve their items that have got onto your property. So ... if you do not want to retrieve your property soon, why would that be stated. Why would a person want to retrieve their items if happily grazing on the neighbours property. I need to look up the Impounding Act :-).


LR I can assure you from recent experience the Fencing Act is not ambiguous. Our fencing notice which followed the example in the Act, was sent to the other party's solicitor. Everything is now moving forward which we are delighted with.

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