sec.103Cost of regulated dog enclosure—dividing fence

sec.103 Cost of regulated dog enclosure—dividing fence

This section applies if an enclosure, or proposed enclosure, for a regulated dog is, or when built will be, a dividing fence under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , in whole or part. The liabilities and rights under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , or a proposed order under that Act, of adjoining owners in relation to the fence for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out as if— there is not, and will not be, a regulated dog in the enclosure; and the requirements of this chapter relating to the enclosure do not apply. However, if part of the fence forms part of a pool barrier, the liabilities and rights of adjoining owners relating to that part of the fence forming part of a pool barrier for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out under the Building Act 1975 , chapter 8 , part 2A . If the fence is, or is proposed to be, built by a person who leases the place that is, or is to be, the relevant place for a regulated dog— the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , section 24 does not apply; and the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 5 , division 1 applies. In this section— pool barrier means a pool barrier under the Building Act 1975 , section 245XA . relevant place , for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog. s 103 amd 2011 No. 25 s 105 sch 1 pt 2 ; 2011 No. 27 s 213 ; 2013 No. 3 s 60 sch 1 ; 2015 No. 15 s 35 ; 2024 No. 17 s 59 (sec.103-ssec.1) This section applies if an enclosure, or proposed enclosure, for a regulated dog is, or when built will be, a dividing fence under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , in whole or part. (sec.103-ssec.2) The liabilities and rights under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , or a proposed order under that Act, of adjoining owners in relation to the fence for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out as if— there is not, and will not be, a regulated dog in the enclosure; and the requirements of this chapter relating to the enclosure do not apply. (sec.103-ssec.3) However, if part of the fence forms part of a pool barrier, the liabilities and rights of adjoining owners relating to that part of the fence forming part of a pool barrier for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out under the Building Act 1975 , chapter 8 , part 2A . (sec.103-ssec.4) If the fence is, or is proposed to be, built by a person who leases the place that is, or is to be, the relevant place for a regulated dog— the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , section 24 does not apply; and the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 5 , division 1 applies. (sec.103-ssec.5) In this section— pool barrier means a pool barrier under the Building Act 1975 , section 245XA . relevant place , for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog.