Building Act 2011

A person responsible for work must ensure that no fence, gate or other barrier to land on or beyond the boundaries of the works land is removed —

unless each owner of the land that shares, or on which is located, the fence, gate or other barrier consents to the removal; or

unless the removal is in accordance with an order under section 86(2)(g); or

unless the removal is required as a matter of urgency to prevent imminent collapse of, or damage to, any land including a building or structure on the land; or

unless each of the following applies —

the removal is required for the construction of a close wall;

a building permit for the close wall is in effect;

the person responsible for the work has given at least 7 business days’ notice of the proposed removal to —

each owner of the land mentioned in paragraph (a); and

at least one adult occupier of the land, if the land is not occupied by any of its owners;

unless the land that shares, or on which is located, the fence, gate or other barrier is vacant land, or any building on that land is vacant; or

except in prescribed circumstances.

In subsection (1)(d) —

A person responsible for work must ensure that, as soon as practicable after the removal under subsection (1)(c) of a fence, gate or barrier, notice of the removal and the reason for it is given to —

each owner of the land that shares, or on which is located, the fence, gate or other barrier; and

the permit authority for the fence, gate or other barrier, if the work is demolition work of a kind for which a demolition permit is required.

A person responsible for work that requires the removal of a fence, gate or other barrier to land on or beyond the boundaries of the works land must ensure that —

if necessary, a temporary barrier is erected; and

the temporary barrier is adequate and suitable having regard to the use of the other land.