Canterbury Provincial Ordinances
8. The Canterbury Fencing Ordinance 1872
[19th June 1872.]
Whereas it is expedient to amend the law regulating the erection and maintenance of Dividing Fences within the Province of
Be it therefore enacted by the Superintendent of the Province of Canterbury
by and with the advice and consent of the Provincial Council
1. Repealing clause.
The Fencing Ordinance 1869 shall be and the same is hereby repealed except so
far as it repeals any former Ordinance Provided that
such repeal shall not
affect the existing rights of any person under the said Ordinance or any
proceedings or directions already
taken commenced or given under the said
2. Occupier of land to give notice to owner or occupier of adjoining land of intention to erect dividing fence.
Before any person being an occupier lessee for years or owner of land shall
erect or make a sufficient fence dividing his land from
land not being Waste
Lands of the Crown held under any depasturing license adjoining thereto such
person is hereby required to give
to the occupier or if there be no occupier to
the owner or lessee for years of such adjoining land a notice in writing in the
or to the effect of that contained in Schedule A hereunto annexed of such
person’s intention to erect or make such sufficient
fence as described in
such notice and if such person shall erect such fence without giving notice as
aforesaid the occupier lessee
for years or owner as the case may be of such
adjoining land shall not be liable to pay any portion of the value of such
3. Serving of notice.
Every such notice may be served upon such occupier lessee for years or owner
either personally or by leaving the same with some adult
inmate at his usual
residence or if such owner or lessee for years shall be absent from the Province
then by delivering the same
to or leaving the same at the residence of his known
agent in the same manner and if there shall be no such agent resident in the
Province then it shall be sufficient to insert such notice at least three
consecutive times in the Government Gazette of the Province.
4. In case of refusal or neglect to make half fence when notice given.
If after any notice has been given in accordance with the provisions of the
preceding sections the occupier lessee for years or owner
or his attorney or
agent shall refuse or neglect for the space of one calendar month to make or
cause to be made one half of the
fence or fences mentioned in the said notice or
one half of such sufficient fence as may be mutually agreed upon it shall be
for the person giving such notice as aforesaid thereupon or within six
months thereafter to make a fence of the kind or description
mentioned in the
said notice or at his discretion to make any other sufficient fence within the
meaning of this Ordinance and may
thereupon recover in a court of competent
jurisdiction from the person receiving such notice one half of the cost of
5. Position of fence as regards adjoining land.
The owner or occupier or lessee for years of any land not being within the
limits of any town may in making a fence as is described
in clause 7 of Schedule
B dividing his land from the land thereto adjoining make either the bank or
ditch on such adjoining land
and use the soil taken from the ditch towards the
making of the bank Provided always that it shall not be lawful to make any ditch
or bank upon any such adjoining land in any case where a hedge of live thorns
gorse or broom or other live fence may have been planted
and kept in good and
thriving condition thereon so as to disturb or injure such hedge or other live
fence without the consent of
the owner or occupier or lessee for years of such
land first obtained And where a dividing fence is made of the descriptions Nos.1
2 and 3 of Schedule B the posts of such fence shall be placed on the boundary
6. Occupier of land to pay moeity of value of dividing fence towards erection of which no assistance has been given.
If any occupier lessee for years or owner of such land shall at any of this
Ordinance make use of or avail himself of any sufficient
dividing fence erected
or made before the passing of this Ordinance towards the erection or making of
which no assistance equal to
one moiety of the original cost of such fence shall
have been given by such person or any former occupier lessee for years or owner
he shall be liable to pay one moiety of the then value thereof or of so much
thereof as shall be available as a fence for his land
to the occupier lessee for
years or owner of the land divided by such fence from his land less the value of
the assistance originally
given towards the construction of such fence.
7. Dividing fence to be cut, trimmed, or repaired at joint expense of owners or occupiers.
When any sufficient dividing fence shall require cutting trimming cleansing
or repairs or shall become insufficient the same shall
be cut trimmed cleansed
and repaired at the joint expense of the owners or occupiers or lessees for
years of the land adjoining such
fence and any owner or occupier or lessee for
years of land adjoining such fence (having given notice in writing to the other
occupier or lessee for years of the land divided by such fence or to his
or her agent in the said Province) may on refusal or neglect
of such last
mentioned person for the space of two weeks to contribute one-half of such
expense cause the same to be cut trimmed
cleansed or repaired and made a
sufficient fence and shall thereupon be entitled to recover from such adjoining
owner or occupier
or lessee for years one-half of the cost of so cutting
trimming cleansing or repairing such fence.
8. Occupier may enter upon land of adjoining occupier for purpose of making, repairing, or for trimming fence.
For the purpose of making or repairing any fence or for trimming any fence
under the provisions of this Ordinance it shall be lawful
for the occupier
lessee for years or owner of any land or any person duly authorised by him from
time to time to enter upon that
of the adjoining occupier lessee for years, or
owner and no action shall accrue to such adjoining occupier lessee for years or
by reason of such entry or entries.
9. Occupier of land under pasturage license may require occupier of any adjoining land granted by the Crown to make or repair fence.
Any person occupying land under any pasturage license held under the Crown
may require any occupier of any adjoining land granted
by the Crown to make or
repair a fence between the land in their respective occupation and all the
provisions of this Ordinance shall
apply to such case as if both such occupiers
held land which had been granted by the Crown but an occupier of land granted by
Crown abutting on land occupied under such license as aforesaid shall not be
entitled to require the person occupying such last mentioned
land to make a
fence between the lands occupied by them respectively.
10. This Ordinance not to affect subsisting covenants or agreements.
Nothing in this Ordinance contained shall make void or affect the liability
of any person or persons under any now subsisting covenant
agreement relative to
Fencing or to any covenant or agreement which shall be hereafter entered into
between adjoining occupiers or
owners landlord and tenant or any other person or
11. Ordinance not to affect waste lands of the Crown except as provided.
Nothing in this Ordinance shall be deemed to affect waste lands of the Crown
except as herein especially provided.
12. Sufficient fence.
In the construction of this Ordinance the term “sufficient fence”
shall be taken to include any fence of the description
set forth in Schedule B
hereto annexed Provided always that no person shall be entitled to erect any
such fence as is described in
Clause No. 7 of Schedule B within the limits of a
town And provided also that where a fence has already been erected sufficient
the provisions of the Ordinance hereby repealed it shall not be necessary
that any such fence should until its re-erection be made
a sufficient fence
within the meaning of this Ordinance.
13. Ordinance to apply to all cities and towns as well as lands referred to in
The provisions of this Ordinance shall apply as well to lands in the City of
Christchurch and to all other Cities and Towns in the
Province of Canterbury as
to lands referred to in Section 2 of this Ordinance.
14. In case of stream or ditch which does not form a sufficient fence dividing two properties.
When any stream or ditch which does not form a sufficient fence shall divide
two properties and the owner of the land on’ one
side of the stream or
ditch shall after having given the requisite notice to the owner of the land on
the other side of the stream
or ditch have erected a sufficient fence on his own
land for half the distance between the said properties and the owner of the land
on the opposite side shall have refused or neglected to complete a dividing
fence by erecting a sufficient fence on his own land
for the other half of such
distance then it shall be lawful for the owner of the land who shall have given
such notice and erected
such fence as aforesaid and his workmen to enter upon
the land on the opposite side of the stream or ditch and erect or cause to
erected thereon a sufficient fence in continuation of the fence he shall have
erected on his own land for the remainder of the
distance between his land on
the opposite side of the stream or ditch and connect the said fences in such a
way as occasion may require
and he may deem most advisable and he shall be
entitled to recover one-half of the entire cost of such fence from the owner of
land on the opposite side of such stream or ditch.
This Ordinance shall be intituled “The Canterbury Fencing Ordinance 1872.”