Auckland’s Herne Bay has some of the most expensive real estate in New Zealand with new neighbours spending two days in court arguing over twenty centimetres added height to a boundary fence on Sentinel Road.
As Judge Clark noted, Kristina Leggett at number 47 Sentinel Road was opposing construction of a fence on her common boundary with Darryl Montgomery’s number 2/49 when his proposed two metre high fence could be built as of right under council rules without need for neighbour’s consent. It was primarily an argument about where the new fence should be placed and questions of access for contractors, he said.
The District Court was told their differences arose after Ms Leggett’s 2021 purchase of number 47. Prior to her purchase, Mr Mongomery made it clear to intending buyers that the existing fence was not on the legal boundary, instead sitting inside his property at 2/49.
Subsequently, no agreement could be reached between the two on a replacement boundary fence. Ms Leggett objected to any increase in height, claiming this would affect her privacy and block light.
Mr Montgomery wanted to increase height of their boundary fence from an existing 1.8 metres to 2.0 metres as part of the rebuild.
When they were in court seeking a Fencing Act enforcement order, with Mr Montgomery having already arranged working drawings and building quotes, Ms Leggatt then offered a compromise at 1.9 metres.
Judge Clark ordered construction of a fifteen metre long two metre high fence along their legal boundary of the type proposed by Mr Montgomery, with Ms Leggett to pay half the cost up to a maximum of $3000. She must allow fencing contractors access through her property.
Three Holdings Ltd v. Leggett – District Court (14.08.26)
26.231