The Fencing Act in New Zealand, who pays for the fence

Last updated 20 June 2026. This is general information, not legal advice.

Few things sour a neighbourly relationship faster than an argument over a fence, and most of those arguments come down to one question, who pays. The answer in New Zealand law is clearer than people think. The starting point is that you split the cost of a boundary fence down the middle, and there is a simple formal process that turns a vague conversation over the fence line into a binding obligation for your neighbour to pay their share.

This guide explains who pays for a boundary fence, what an adequate fence means, how to use a fencing notice to make a neighbour contribute, what happens if they object, and the exceptions to watch for. It includes a fencing notice you can copy. It is general information, not legal advice.

The basic rule, you split it equally

Under the Fencing Act 1978, the owners of two adjoining properties are equally liable for the cost of work on the boundary fence between them. That equal share covers the whole job, the site preparation, any surveying, the materials, the construction, and later the repairs, maintenance and replacement. It does not matter that only one of you wanted the fence, or that one property benefits more. The default is a 50/50 split.

This is the thing most people get wrong, in both directions. A neighbour who refuses to contribute because they did not ask for the fence is usually mistaken, and so is the owner who assumes they can build whatever they like and send half the bill. Both are governed by the same rule, an equal share of an adequate fence, arrived at through the right process.

What counts as an adequate fence

The equal-share rule is limited to an adequate fence, and that word does a lot of work. The Act defines an adequate fence as one that is reasonably satisfactory for the purpose it serves or is intended to serve. What is adequate depends on the properties, a fence between two suburban backyards is a different thing from a fence containing stock on a farm.

The practical effect is a cap on what you can charge your neighbour. They are only liable for half the cost of an adequate fence. If you want something more elaborate or expensive than the situation reasonably calls for, you are free to build it, but you pay the difference between the adequate fence and your upgrade. So if a standard timber paling fence would be adequate but you want an expensive feature fence, your neighbour pays half of the cost of the standard one, and the extra is yours. This is why agreeing on what is adequate, and the cost, is the heart of most fencing discussions.

The fencing notice

A friendly agreement with a neighbour is the best outcome, and if you both simply agree and split the cost, you do not need any formal process. But where you need to make a reluctant neighbour contribute, the tool is a fencing notice served under the Fencing Act. This is what converts a conversation into a legal obligation.

A fencing notice has to state that it is given under the Fencing Act 1978, identify both you and your neighbour and the boundary, and set out the proposed work, the type of fence and materials, where it will go, who would do the work, the estimated total cost, how the cost is to be shared, and when the work would start. You sign and date it and serve it on your neighbour.

The power of the notice is in the deadline it triggers. Your neighbour has 21 days to respond. If they do nothing within those 21 days, they are deemed to have agreed to your proposal, and they are then liable for their half of the cost. That is why serving a proper notice matters so much. It is also why you should always serve the notice and let the 21 days run before you build, because building first and asking for money afterwards leaves you without the protection the notice gives you.

A fencing notice you can copy

This is a plain version of the notice. Fill in the bracketed details, keep a copy, and serve it on your neighbour in a way you can prove, such as by hand or by post. The Act also sets out a prescribed form you can follow.

The cross-notice

Your neighbour does not have to simply accept your proposal. If they disagree with it, their move is to serve a cross-notice on you within the same 21 days. A cross-notice is how they object and put forward their own terms.

A neighbour might cross-notice because they think the existing fence is fine, because they consider your proposed fence too expensive or elaborate for what is needed, because they want a different type or a different contractor, or because they say they are not the right person to pay, for example if they do not actually own the property. The cross-notice sets out their objection and any counter-proposal, such as a cheaper fence or a different cost split. Once a cross-notice is served, your original notice does not take automatic effect, and the two of you are expected to try to reach agreement on the difference between your positions.

If you are on the receiving end of a fencing notice you disagree with, the key thing is to act within the 21 days, because staying silent is treated as agreeing. A cross-notice does not have to be hostile. It is simply the proper way to say you want different terms.

If you still cannot agree

Where a notice and a cross-notice have been exchanged and the neighbours still cannot agree, the dispute is decided by the Disputes Tribunal, which can make a binding decision on the fence and how the cost is shared. The Tribunal handles fencing disputes up to its monetary limit of $60,000, and a fence worth more than that would go to the District Court instead, though most residential fences sit well within the Tribunal’s reach.

The Tribunal will look at what an adequate fence is for these particular properties, and order a fair sharing of the cost. Bring your notice and cross-notice, quotes for the work, photographs of the existing fence and boundary, and anything showing what is reasonable. Because the Tribunal decides on what is fair and adequate, an owner who insisted on a gold-plated fence is unlikely to get half of it from a neighbour, and a neighbour who refused to contribute to a plainly needed fence is unlikely to escape their share.

The exceptions, covenants, reserves and roads

A few situations take a boundary outside the normal equal-share rule, and they are worth checking before you serve a notice.

• A fencing covenant on your title. Some properties, especially in newer subdivisions, have a covenant registered on the title under which one owner agreed not to require a contribution to fencing, often to protect the developer. Check your record of title, because such a covenant can remove your right to make that neighbour pay. Many older covenants only bind the original parties and have become redundant, but you need to know whether one applies.
• A road or a reserve. You generally cannot make a council or the New Zealand Transport Agency share the cost of a fence between your property and a road, a road reserve or, in many cases, a public reserve. Those bodies are exempt, so a fence on that boundary is usually yours to pay for.
• Damage caused by one side. If a fence is damaged or destroyed by one neighbour, their visitors or their animals, that neighbour can be liable for the cost of putting it right, rather than it being shared equally.

Repairs, damage and the boundary itself

The same equal-share rule applies to keeping an existing fence in order, not just building a new one. The cost of reasonable repairs and maintenance to a boundary fence is shared equally, and the same notice process can be used to require a neighbour to contribute to repairs they are resisting.

One important thing the Fencing Act does not do is fix the legal boundary. A fence is not proof of where the boundary line actually is. If the true position of the boundary is in question, that is a survey matter, separate from who pays for the fence, and it is worth resolving before building an expensive fence in the wrong place. If a fence needs to sit exactly on a disputed line, get the boundary surveyed first.

The takeaway

The law on boundary fences is friendlier than most fence disputes suggest. You and your neighbour share the cost of an adequate fence equally, you make that obligation real by serving a fencing notice and letting the 21 days run, and if they object they cross-notice and you try to agree, with the Disputes Tribunal as the backstop. Keep it to an adequate fence unless you are happy to pay the extra yourself, check your title for a covenant, and remember a council will not chip in for a fence along a road. Do it in that order, and a fence is a problem that gets solved rather than a feud that festers.

Related guides

• Trees, noise and boundary disputes in New Zealand
• How to take someone to the Disputes Tribunal in New Zealand

Frequently asked questions

Who pays for a boundary fence in New Zealand

Under the Fencing Act 1978, adjoining owners share the cost of a boundary fence equally, each paying half of an adequate fence, regardless of who wanted it. The neighbour is only liable for half the cost of an adequate fence, so if you want something more elaborate you pay the difference. You make the obligation binding by serving a fencing notice.

What if my neighbour refuses to pay for the fence

Serve a fencing notice under the Fencing Act 1978 setting out the proposed fence and cost. If your neighbour does not serve a cross-notice objecting within 21 days, they are deemed to agree and are liable for their half. If they object and you still cannot agree, the Disputes Tribunal can make a binding decision. Serve the notice before you build, not after.

Can I make my neighbour pay half of an expensive fence

Only up to the cost of an adequate fence. Your neighbour is liable for half of a fence that is reasonably satisfactory for the purpose, not half of an upgrade. If you want a more elaborate or expensive fence than the situation calls for, you can build it, but you pay the difference between the adequate fence and your choice.

What is a cross-notice

It is your neighbour’s formal objection to a fencing notice, served within 21 days. In it they can say they think the existing fence is fine, that your proposal is too expensive, that they want a different fence or contractor, or that they are not the right person to pay. It sets out their counter-proposal, and once served, your original notice does not take automatic effect and you are expected to try to agree.

Do I have to pay for a fence I did not ask for

Usually yes, for your half of an adequate fence, because the equal-share rule does not depend on who wanted the fence. But if you have been served a fencing notice and think the proposal is unreasonable or too expensive, serve a cross-notice within 21 days putting your objection and a counter-proposal, rather than ignoring it, because silence is treated as agreement.

Does the fence show where the legal boundary is

No. A fence is not proof of the legal boundary, which is a survey matter. The Fencing Act deals with who pays for the fence, not where the boundary line runs. If the true boundary is in doubt, get it surveyed before building an expensive fence, so you do not put a permanent fence in the wrong place.

Does the council pay for a fence along a reserve or road

Generally no. Councils and the New Zealand Transport Agency are exempt from sharing the cost of a fence between your property and a road, a road reserve and, in many cases, a public reserve. A fence on that kind of boundary is usually yours to pay for. Check the position for your particular boundary before assuming a contribution.

Have you sorted a fence with a neighbour in New Zealand, with a fencing notice or at the Disputes Tribunal? Tell us how it went in the comments below.