Building Fences
A dividing fence is a fence that separates the land of different owners, whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. Note that retaining walls are not dividing fences.
Property owners' rights and obligations are defined by the Dividing Fences Act 1961.
The general rule is that owners of adjoining land are each required to pay half the cost of erecting or repairing a "sufficient fence" between their properties.
This applies whether the adjoining land is vacant or built on. In some cases a tenant has to contribute.
This rule may, however, be varied under certain circumstances.
The Act does not apply to the Crown or to land used for public purposes such as roads and parks.
This means that if your property adjoins such land you have to pay the full cost of the dividing fence.
Further information is contained in a pamphlet produced by the Department of Local Government entitled "Dividing Fences - Rights and Responsibilities" available from the Council office.
Council has adopted LOCAL FENCING LAWS that require a person intending to construct a new fence to apply to Council for a PERMIT.
These laws specify the type of materials that can be used, height of the fence in various situations.
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