36Fencing of streets in towns

### 36 Fencing of streets in towns > > (1)  *\[Section 36 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*Where, in a highway in a city or town, there is a made footpath and between the footpath and the adjoining land there is – > > > > > > (a) no fence and the corporation is satisfied that there should be one and the erection of such a fence would not be contrary to a provision of a planning scheme under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) in respect of the relevant area; > > > > > > > (b) no sufficient fence; or > > > > > > > (c) a fence that requires repair – > > > > the corporation may serve a written notice on the owner of the land requiring him to carry out, within the time specified in the notice, such work as is specified in the notice, being work that the corporation is satisfied is necessary to ensure that there is a sufficient fence in proper repair along the boundary between the footpath and the land. > > > (2)  If the owner of any land does not, within the time specified in a notice served on him under this section, carry out the work to which the notice relates, the corporation may itself carry out that work and recover the expenses reasonably incurred in so doing from the owner of the land.