For information on Fences and Retaining walls see below
The Fencing Act 1978 sets out the obligations and rights of land owners, and the Building Act 2005, Local Government Act 1974 and Council District Plans (under the Resource Management Act 1991) control
All disputes concerning fences can be dealt with by the District Court, but obviously, it is better to reach an agreement if you can. A lawyer or advisor at a Community Law Centre or Citizens Advice Bureau can advise you of your rights and obligations.
While an existing fence gives an indication of where a boundary is, it is not always a true alignment of the actual boundary. To confirm the location of the boundaries refer to the property’s Certificate of Title (COT) and the DPS, as they contain information about the location and dimensions of boundaries. Both of these documents can be ordered from Land Information New Zealand (LINZ). If you are unable to find the boundary pegs from references on these documents, then the services of a registered surveyor may be required at your own cost. If you do find any survey pegs, ensure that you do not move them.
Swimming pool fencing, including other fences that form part of a swimming pool fence (e.g. a boundary fence or the wall of a building), must comply with the Building Act 2004 and Building Code Clause F9. For more information about swimming pool fences please see the Swimming Pools Fencing.
Depending on the scale and nature of your proposed earthworks and the height and location of your proposed retaining wall, you may require Building Consent and/or a Resource Consent. Please consult with the Building and Planning Unit of your local Council before proceeding.
Is a Building Consent Required?
A Building Consent is NOT required for:
Rural zone means any zone or area (other than a rural residential area) that, in the district plan of the territorial authority (Council) in whose district the building work is to be undertaken, is described as a rural zone, rural resource area, or rural environment, or by words of similar meaning.
If a building consent is required, consult a chartered professional engineer to design the wall and provide the necessary documents, information, and calculations required for a building consent application. A Building Consent must be obtained BEFORE construction begins.
Even retaining walls which do not require a Building Consent must comply with the requirements of the Building Code and District Plan bylaws. Always ensure there are soakage drains behind any proposed retaining wall.
NOTE: If you add a fence on top of the retaining wall, check whether or not a building consent is needed for the overall height of the retaining wall plus fence.
Is a Resource Consent Required?
Each Council in the Waikato Building Consent Group has specific rules pertaining to fences (e.g. fence heights, colours, placement, and zoning) within the District Plan. Please contact the Planning Unit of your local Council for this information.
The following require a Resource Consent BEFORE you build: