Fences and Fencing Issues

This page explains the legal situation regarding locating, building and maintaining boundary fences on private properties in Porirua City.

Jurisdiction

Porirua City Council has no legal jurisdiction in determining neighbourhood fencing issues.  It has the same status as a private property owner under the legislation.

Your fencing rights, obligations and processes are set out in the Fencing Act 1978.

Consult your Neighbours

If you are proposing to build a new or alter an existing boundary fence, you should consult your neighbour or neighbours before you start site work to obtain mutual agreement on the fence design and the location of the boundary line between your properties.  You may also expect them to contribute to the fence cost.

Set your boundaries by either locating your property survey pegs or by employing a surveyor to reset them for you if you cannot find the original pegs, or if there is disagreement with a neighbour on the correct boundary line.

Building and/or Resource Consents

Generally you do not require Council approval to build or erect a fence that does not exceed 2 metres in height.

You will require Building Consent and possibly a Resource Consent where you are proposing to build a fence that will exceed 2 metres in height or that is a substantial structure i.e., brick or block work with heavy foundations.

Fencing against Council reserve land

If you share a boundary with Council reserve land, you may be eligible for a contribution toward the cost of repairing or replacing your fence.

To find out whether your property is eligible for a fencing contribution, email enquiries@pcc.govt.nz with your address.

Please note some properties may have a notice on their certificate of title which excludes Council from contributing to the boundary fence.

The fencing contribution does not apply to boundaries along roads (see section 3 of the Fencing Act 1978).

Disagreements

Where there is disagreement on fencing issues, a property owner may take legal action against their neighbour to resolve the problem.

It is recommended however that you read the legislation thoroughly and/or obtain legal advice on what you can or cannot do with the correct process to be followed.

All forms and documentation required for that action are contained in the Schedules located at the end of the Fencing Act 1978.

Links to more fencing information

Legislation:

Porirua City Council links:

External sites: