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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22977
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We live in Birkenhead on a busy road. Our fence is falling

Customer Question

We live in Birkenhead on a busy road.
Our fence is falling down and some non-existent between ourselves and our neighbour. We have asked them to go halves in the cost of a new fence and they say the only contribution they will make is towards a wire farm fence which (a) is not child proof (b) lacks all privacy (c) allows animals and public easy access to both poperties
What are we able to get them to pay and how do we go about doing this please
We have served them a fencing notice and this is what they have come back with as a "cross notice"
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
If they will not agree on your proposal then the next step is to go to the Disputes Tribunal and claim the costs from them. The tribunal will agree that they should pay better than the post and wire fence because that isnt suitable for residential fencing. I expect you have seen the fences described in the act, but your neigbours have to do better than post and wire, and can be forced to pay more. You dont need lawyers for the tribunal and they are used to these claims