The Fencing Act 1978 sets out how the cost of a boundary fence is shared between neighbours, the notice process for building or replacing one, and what…
The Fencing Act 1978 sets out how the cost of a boundary fence is shared between neighbours, the notice process for building or replacing one, and what counts as an "adequate fence" — but it does not cover retaining walls.
Neighbours are generally each liable for half the cost of an adequate fence on their shared boundary, regardless of who wants it or who benefits more. "Adequate" is not defined as any particular fence type — it depends on what's reasonably necessary given the locality, the purpose of the boundary, and existing fencing in the area.
A landowner who wants to build, replace or repair a boundary fence and recover half the cost from their neighbour must serve a formal fencing notice under the Act, describing the proposed work, the estimated cost, and the cost-sharing sought. The neighbour has a set period to object; if they don't, they become liable for their share. Skipping the notice process is the single most common reason a cost-recovery claim fails.
Where neighbours can't agree — on whether a fence is needed, what an adequate fence looks like, or how cost should split for a fence that benefits one side more (a pool fence, for instance) — the dispute is resolved through the Disputes Tribunal for smaller claims or the District Court.
The Fencing Act does not cover retaining walls, even where a wall sits on or near a boundary and functions like a fence — see retaining walls for how responsibility for those is actually established, which is a different and less clear-cut process. It's a very high-frequency issue for landlords and boundary-adjacent owners generally, precisely because most people assume one Act covers both.
Last reviewed: 1 August 2026 · General information only, not legal advice.
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