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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Repairs of Fences

Repairs of Fences.

30.Adjoining occupiers to keep fences in repair. When any fence is out of repair, the occupiers of the contiguous lands shall bear the cost of repairing such fence in equal proportions.
31.Procedure to compel contribution to the repair of fences. The occupier desiring to repair any fence may serve a notice upon the contiguous occupier requiring him to assist in repairing such fence, and, if such occupier refuses or neglects so to do for the space of one week after the service of such notice, such first-mentioned occupier may himself do the work and recover half the cost thereof from the occupier making default.
32.Contribution where fence destroyed by accident. If any fence is damaged or destroyed by sudden accident, or other cause, and requires immediate repair, the occupier of land on either side may repair the same without any notice, and, subject to the provisions of the next succeeding section, may recover half the cost thereof from the contiguous occupier.
33.Exception where accident results from neglect. If by reason of the neglect or fault of any occupier any fence is damaged or destroyed, whether by stock, or fire, or the falling of any tree, or otherwise howsoever, such occupier shall be liable for the whole cost of repairing the fence so damaged or destroyed.
34.Liability for reckless use of fire. Nothing herein contained shall be deemed to take away or interfere with the right of any person to sue for and recover compensation for any damage to any fence occasioned by the reckless or negligent use of fire, or otherwise howsoever.