Under the Fencing Act 1978, occupiers of adjoining lands not divided by an adequate fence are liable to contribute in equal proportions to work on a fence.

"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. Therefore, if you live in town and require a fence to adequately secure your beloved dog and to give you privacy, you and your neighbour will pay equally for the fence. If, however, your beloved dog is a Rottweiller prone to jumping and you require an electric, 6 metre fence, this is almost certainly beyond the reasonable needs of your neighbour and you may come to an agreement whereby you pay for the additional expense of what you need.

The question of what is an adequate fence is not strictly defined, but the Act describes urban and rural fences in detail, including Post and Rail, 7 or 8 wire fence and a Close Boarded fence. As the definition of fence includes watercourses, if your boundary is a river, this will be a fence in itself under the Fencing Act, and your neighbour across the river cannot require you to construct a fence.

Often neighbours come to an agreement between themselves on contributions towards their fence. When an agreement is not reached, or discussion between neighbours is not an option, there is a procedure to follow in the Act. A person wanting work done on a fence must first serve a notice on their neighbour, specifying the boundary or fence along which the work is to be done, the work proposed to be carried out, the materials to be used, and an estimate of the cost of the work. If the neighbour objects to anything in the notice, then he or she has 21 days to file a cross notice. If you want to serve a notice on your neighbour and are unsure of the form to use, or have had a notice served on you and are unsure how to respond, do not hesitate to contact us.

If you have a swimming pool, it must be fenced under the Fencing of Swimming Pools Act 1987 (there are exemptions under the Act). If you are considering constructing a new fence, there may be rules in your District Plan relating to height restrictions for fences.