Compliance with covenants is a civil issue and you may need legal advice to ensure a covenant is enforced.  As this is a private matter it is not appropriate for the Council to become involved.

Any owner of the land within a ‘mutual land covenant scheme’ can enforce the covenants on their fellow neighbour if they are not compliant.

You may wish to seek further advice from the Citizens Advice Bureau on 0800 367 222 or www.cab.org.nz or Community Law Canterbury on 0508 226 529 or www.canlaw.org.nz

Even if you intend to cover all the cost of the fence yourself, you still need to discuss this with your neighbour and get their consent before you go ahead.

If your neighbour won’t talk to you or won’t agree with what you propose, then under the Fencing Act 1978 (download a copy at www.legislation.govt.nz), you must give them a Fencing Notice before you commence any works, and give them 21 days to respond. If you fail to give the correct notice, your neighbour may not be required to contribute half of the costs of the boundary fence and could even take legal action to have the fence removed.

As this is a private matter it is not appropriate for the Council to become involved. For further advice you could contact the Citizens Advice Bureau on 0800 367 222 or www.cab.org.nz or Canterbury Law on 0508 226 529 or www.canlaw.org.nz

For more information check out the following fact sheets:

• Neighbourhood Disputes over Trees and Fences
• Sharing the Cost of Fencing Next to a Council Reserve