Article summary
Understand the Fencing Act, cost-sharing, and how to handle boundary fence disagreements with neighbours.
- Category:
- regulations
- Read time:
- 3 min
- Published:
- 24 October 2025
- Written by:
- My Homes Fencing Expert
Quick answer: in New Zealand the Fencing Act 1978 governs shared boundary fences, and neighbours are generally expected to share equally the cost of an 'adequate' fence. The formal process starts with a written 'fencing notice' proposing the work and the cost split; if your neighbour agrees — or doesn't object within 21 days — you can proceed, and unresolved disputes can go to the Disputes Tribunal. In practice, a friendly conversation before any notice resolves most of it.
Boundary fencing is as much about the neighbour relationship as the fence itself. Here's what the law actually entitles you to, and how to keep a shared-fence project from turning into a dispute.
What the Fencing Act 1978 Actually Says
The Fencing Act's starting position is that owners on either side of a boundary both benefit from a dividing fence, so both should contribute to an 'adequate' one — usually meaning an equal split of the cost of a reasonable, standard fence for that area. 'Adequate' is the key word: you're each liable for a fair, ordinary fence, not a premium one.
That means you can't force a neighbour to pay half for an expensive upgrade they didn't ask for. If you want something fancier or taller than a standard boundary fence, you're generally free to build it — but you may have to cover the extra cost above what an adequate fence would have cost.
The Fencing Notice Process
If you can't simply agree informally, the Act provides a formal path: you serve your neighbour a written 'fencing notice' setting out the proposed fence, who'll build it, the estimated cost and the split you're proposing. Your neighbour then has 21 days to respond with a 'cross-notice' if they object or want something different — for example a different material, contractor or contribution.
If they don't object within that window, you can generally proceed and recover their share. If you can't reach agreement, the matter can be taken to the Disputes Tribunal, which can make a binding decision. Keeping everything in writing throughout protects both parties if there's a disagreement later.
How to Avoid a Dispute in the First Place
The vast majority of boundary-fence friction is avoided by simply talking first. Before any formal notice, discuss the style, height, material and rough cost with your neighbour and agree how you'll split it, then confirm it in writing (even a simple email). People react far better to a conversation than to a legal-looking notice landing cold in their letterbox.
We help by providing clear, itemised written quotes that both neighbours can review, so the cost of an 'adequate' fence is transparent and there's nothing to argue about. If a genuine dispute is already underway, we can quote to the standard being discussed so you have solid figures to work from.
Frequently Asked Questions
Generally yes — under the Fencing Act 1978, adjoining owners are expected to share equally the cost of an 'adequate' boundary fence. You can't compel them to pay half for a premium upgrade, though; their share is based on a reasonable, standard fence.
It's the formal written proposal you serve your neighbour under the Fencing Act, describing the fence, the contractor, the cost and the split. They have 21 days to object with a cross-notice; if they don't, you can usually proceed and recover their share.
Start with the written fencing-notice process. If you still can't agree, the dispute can go to the Disputes Tribunal for a binding decision. Keeping all discussions and quotes in writing strengthens your position.
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