4Interpretation

4 Interpretation

*[Section 4 Amended by 25 Geo. V No. 78 ][Section 4 Amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 4 Amended by No. 41 of 1961, s. 5 and Sched. 4 ]**[Section 4 Amended by No. 28 of 1976, s. 74 and Sched. III ]*In this Act, unless the contrary intention appears –

a sufficient fence means a fence which is ordinarily capable of resisting the trespass of cattle and sheep, except where such fence is in a city or town or adjacent to a dwelling-house, when the expression means a fence of the description and quality agreed or awarded;

fence means a fence separating the lands of different owners, or any fence used or accepted by adjoining occupiers as a boundary line between their respective lands;

occupier, used in relation to land, means the person entitled to the immediate possession and occupation thereof;

owner, used in relation to any land, includes –

(a) the person for the time being in the actual receipt of or entitled to receive, or who if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise;

(b) in the case of any Crown land purchased on credit, the purchaser thereof upon credit and every person deriving title through him; and

(c) the person entitled to any leasehold estate in land under the Crown Lands Act 1935 , Crown Lands Act 1976 , or the Closer Settlement Act 1929 –

but shall not include the occupier of Crown land for mining purposes under the provisions of any Act relating to the leasing or occupation of Crown land for mining purposes;

road includes any public highway, street, by-way, cross-way, or public place, whether it be a carriage-way, horse-way, or foot-way;

to repair includes to trim, keep, and maintain a live fence or part thereof.