Canterbury Provincial Ordinances
7. The Fencing Ordinance 1869 Amendment Ordinance 1870 D NZG 1871
Whereas it is expedient to amend " The Fencing Ordinance 1869."
Be it therefore enacted by the Superintendent of the Province of Canterbury
by and with the advice and consent of the Provincial Council
1. Interpretation Clause.
The words "to summon" in section 9 of the said " Fencing Ordinance 1869 "
shall mean that a summons shall be issued from the nearest
Magistrate's Court or
Court of Petty Sessions at the request of the person requiring to summon any
person under the said Act.
2. Repealing Clause.
That Sections 2 3 and 12 of the said Ordinance shall be and the same are
hereby repealed Provided that such repeal shall not affect
the existing rights
of any person under the said Sections or any proceedings or directions already
taken commenced or given under
3. Notice requiring assistance in making or repairing dividing fence.
It shall be lawful for any Occupier Lessee for years or Owner of Land
adjoining or abutting upon any other lands not being Waste Lands
of the Crown
held under any Depasturing License and having no sufficient Dividing Fence by
notice in writing to require any Occupier
Lessee for years or Owner of any
adjoining land to assist in equal proportions in making or repairing any
Dividing Fence such notice
to be delivered personally or left at the usual or
last known place of abode in the Province of Canterbury of the person to whom
the same shall be directed or delivered personally to the Attorney or Agent
within the said Province of such person and in case such
person or his Attorney
or Agent shall refuse or neglect to assist in the making of any such Fence for
the space of one calendar month
after the delivery of such notice or to assist
in repairing any such Fence for the space of one week after the delivery of such
then it shall be lawful for the person giving such notice as aforesaid to
erect or repair as the case may be such Fence or Fences
and to recover from such
adjoining Occupier Lessee for years or Owner one moiety of the cost of erecting
or repairing such Fence
or Fences as the case may be Provided always that no
such Occupier Lessee for years or Owner shall be liable to contribute to the
making or repairing of any Fence or Fences unless he shall avail himself of the
same And provided always that if the amount sought
to be recovered for such work
shall in the opinion of the Court appear to be exorbitant the person suing for
the same shall only
be entitled to recover such amount as the court may consider
just and equitable between the parties.
4. Occupier making use of any dividing fence towards erection of which he has given no assistance to be liable to pay moiety of value thereof.
If any Occupier Lessee for years or Owner of such land shall at any time
after the passing of this Ordinance make use of or avail
himself of any Dividing
Fence erected or made before or after the passing of this Ordinance towards the
erection or making of which
no assistance 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.
5. Ordinance to apply to cities as well as other lands.
The provisions of the said Ordinance as amended and the present 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 3 of
6. Repeal of Clause 11 or " Fencing Ordinance 1869."
Clause 11 of " The Fencing Ordinance 1869 " is hereby repealed and the following substituted in lieu thereof:
The term " Fence " in this Ordinance and the said Fencing Ordinance 1869
shall be taken to mean any fence of the several kinds described
in the Schedule
to this Ordinance the smallest part of which shall be of not less dimensions
than those set forth in the same Schedule.
7. Extent of Application of Ordinance
Where lands are separated by a natural stream ditch or watercourse that is
not a sufficient boundary fence the provisions of this
Ordinance shall be
applied in the same manner as if no such stream ditch or watercourse existed
Provided that in cases where the
stream ditch or watercourse is the absolute
freehold property of an adjoining owner such owner or the occupier or lessee for
of his land shall not be compelled to join in the erection of a fence by
the adjoining owner occupier or lessee for years.
This Ordinance shall be intituled " The Fencing Ordinance 1869 Amendment
Description of a Sufficient Fence.
1. A Post and Rail Fence at least four feet in height of substantial material
firmly erected with no greater distance between the
rails or between the rails
and the ground at any point than nine inches and the posts not more than eight
feet six inches asunder.
2. A substantial upright paling at least three feet six inches in height with
no greater distance between the palings than four inches.
3. A substantial wire fence at the least four feet in height having not less than six wires tightly stretched with no greater distance between each of the three bottom wires or the bottom wire and the ground than six inches and the posts or standards of which are not further than nine feet from each other.
4. A bank or wall of substantial materials at the least four feet in height
of which the slope is not more than one foot from the
5. A close and sufficient live fence at least four feet in height.
6. A combination of the above kind of fences at the least four feet in
7. A ditch not less than five feet broad with a bank or any fence or
combination of the above sorts of fences on the further side
thereof the top of
which shall be at least five feet six inches from the bottom of the ditch and
three feet six inches above the
level of the ground and where the slope of the
bank on the ditch side thereof is not more than one in three and the slope of
ditch on the bank side not more than one in two.