LM v JD & TD [2022] NZDT 6 (8 March 2022) [pdf, 224 KB]
...states that the fence was well built and is still quite strong. SN acknowledged that the fence could do with some minor maintenance and a paint and if that maintenance was carried out, he would expect the fence to provide another 10 years of durable service. 14. LM made the submission that the fence was not on the boundary and should therefore be replaced. However, I cannot make a finding that the fence should be removed because it encroaches for three reasons: a. the fence may h...