Fences on Road Reserves Policy

Reference: P12-004
Status: Approved by the Council 14 March 2012

Policy Purpose

To clarify how the Council manages fencelines on road reserve in New Plymouth District.

Policy Statements

The following statements explain how the Council manages fencelines on road reserve.

Approval requirements

1. All temporary fences on road reserve require a Road Fenceline Agreement prior to construction.

2. All permanent fencelines require an Encroachment Licence.

Construction requirements

The following construction requirements apply:

3. Temporary fence

  • Post, wire and batten construction.
  • Minimum of 3.5m from edge of seal or unsealed roads feather edge.
  • No barbed wire or waratahs.
  • Reflective material may be required on posts.

4. Permanent electric fence

  • To be used as a race only, must have a boundary fence on the other side of the race.
  • A minimum of two plain wires on posts and labelled Electric Fence.
  • Minimum of 3.5m from edge of seal or unsealed roads feather edge.

5. Temporary electric fence

  • 1m from edge of seal or unsealed roads feather edge.
  • Single plain wire on curled insulated top type standard.
  • Shall be erected during period of grazing.
  • Stock shall be removed and electricity switched off during hours of darkness.
  • No barbed wires or waratahs.
  • Repair of damage to water tables at licensee’s cost. 

6. The Council may vary the construction requirements of an individual fence to suit the circumstances of a particular location.  

Approval conditions

7. The following conditions apply to fencelines on road reserve:

  • That the proposed fence shall remain at the pleasure of the Council. Should the Council require the fence to be replaced on the legal boundary then all costs associated with this shall be at the owner’s expense.
  • Any fence erected on the road must be erected on a line approved by the Council or its approved agent. Any gateways erected shall be set back on the boundary and the approaches thereto splayed.
  • All work on fences on the road must be done in a workmanlike manner and completed to the satisfaction of the Council.
  • Hedges or any other plant or weeds must on no account be planted or be permitted to become established along an extended fenceline, or within the enclosed road reserve.
  • That the landholder undertakes to inform any occupier or tenant of the land or any transferred or subsequent owner, that the fence is on the road and of the terms of the permit.
  • That the liability for accident by reason of having an obstruction on the road is solely on the landholder and the landholder indemnifies the Council in respect thereto.
  • That the staff of utility authorities have access onto the enclosed road reserve to maintain or install the utility’s equipment. 

8. Permanent fencelines will also be subject to the requirements of any relevant Council policy regarding encroachment licences on road reserve. This will include any conditions identified during the encroachment licence assessment and approval process. 

Policy Contact

The policy holder is the Roading Assets Team within the Community Assets Group.

Policy Review

This policy shall be reviewed five yearly from the date the policy is adopted.

Next review 2017.