Fenced Public Walkway Question

[alanimal]

Hello,

We have a house that has a public walkway between Street A and Street B as illustrated below.

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The entire walkway has high fencing as shown below. This photo is from Street B looking towards Street A, as you can see there is excellent fencing.

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However, as you can see below - this photo shows the "green" highlighted area of the diagram. This area has a low concrete posted wire fence which going by the fact is has been eaten by the tree, is quite old and failing in some places. The other side of this fence is our back yard, which is very easily accessible. In fact quite often our friendly little dog will greet people and often receives pats over the fence... some guard dog right?

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Recently our child was playing out the back when there was a stranger who approched her. We never got to catch up with them but we are concerned.

Just wanted to know what the fencing rules would be in this scenario?

I am assuming the walkway is Auckland Council/Auckland Transport land, so does this mean they should fund the fencing or at least contribute?

I have tried speaking to the council about this but I cannot seem to speak to anyone who understands this situation as their response is:

Thank you for contacting Auckland Transport regarding the damaged fence along your property.

Customers who want to build a fence on a common boundary, or upgrade an inadequate existing fence are entitled to do so as property owners, but should consult their neighbour and agree on an arrangement on type of fence, cost sharing, maintenance, etc. The agreement should be put in writing and signed by both parties.


Which appears to be a standard response and I doubt they read our initial query - as in this instance the neighbour would be the COUNCIL right?

Any advice on this would be appreciated - and even better if you know whom I should be speaking to at the council.

Cheers
Alan

[Bobsyouruncle]

I would go in and talk to a duty planner. Won't be their department but they will go and get the right person for you.

[Learning]

Reply to the council-
Thank you for replying to my query. You have rightly pointed out that I need to engage in communications with my neighbor and I have been trying to do this. However I don't believe you get the point. Auckland Transport is my neighbor in this instance.
As I want to build a fence, or upgrade an inadequate existing fence on a common boundary with Auckland Transport I wish to engage you in communications so we can agree on an arrangement on type of fence, cost sharing, maintenance, etc. As you have already pointed out to me this agreement should be put in writing and signed by both parties.

[Wayne]

Issue them a fencing notice

[RollingCloud]

This all falls under the Fencing Act 1978. First of all you need to establish what the accessway is. If the walkway is road (yes some access ways are part of the road) then the Council is not obliged to contribute to a boundary fence as they are exempt under the Act. If it is a Local Purpose Reserve or non classified land then it depends if a covenant has been registered on your title to not have the Council contribute towards a boundary fence. Yes covenants expire after 12 years but remain in place if the land is a reserve administered by Council. However there is an Act for Auckland Council which may contain other exemptions but on a quick look I couldn't see anything. So find out what the access way is then if no exemption then issue a fencing notice. The Fencing Act 1978 gives you a template that you can copy to show you how to write a fencing notice. P.S. the district plan map should show you what the land is hopefully. What a slack answer from AC!!