PART I
                      INTERPRETATION AND APPLICATION

   2. Interpretation---In this Act, unless the context otherwise
 requires,---
     ``Adequate fence'' means a fence that, as to its nature, condition,
         and state of repair, is reasonably satisfactory for the purpose
         that it serves or is intended to serve:
     ``Adjoining occupiers'' means the occupiers of the lands on either
         side of a common boundary or a common fence:
     ``Court'' means a Magistrate's Court under the Magistrates' Courts
         Act 1947:
     ``Fence'' means a fence, whether or not continuous or extending
         along the whole boundary separating the lands of adjoining
         occupiers; and includes all gates, culverts, and channels that
         are part of or are incidental to a fence; and also includes any
         natural or artificial watercourse or live fence, or any ditch or
         channel or raised ground that serves as a dividing fence:
     ``Fencing agreement'' means a covenant, agreement, or proviso, not
         being a fencing covenant, that relates in any way whatever to
         work on a fence between adjoining lands; and includes an
         agreement not to erect a fence:
     ``Fencing covenant'' means a covenant, agreement, or proviso---
           (a) That one party to the covenant, agreement, or proviso may
         not be required by the other party, being the occupier of
         adjoining land, to contribute towards the cost of work on a
         fence between the land occupied by the first party and that
         adjoining land; and
           (b) That does not enure for the benefit of any subsequent
         purchaser for value of that adjoining land:
     ``Occupier''---
           (a) In relation to any land, other than a public reserve,
         means the owner thereof, except that,---
                (i) Where another person is in occupation of the land
                  under a tenancy granted for a term of not less than 10
                  years certain or continues to be in occupation of the
                  land after having been in occupation thereof under such
                  a tenancy, that other person shall be the occupier of
                  the land; or
                (ii) Where no person is an occupier of the land by virtue
                  of subparagraph (i) of this paragraph, but a person is
                  in occupation of the land as mortgagee in possession,
                  that last-mentioned person shall be the occupier of the
                  land:
           (b) In relation to any public reserve, means the local
         authority, trustees, or persons in which or whom control of the
         reserve is vested:
     ``Owner'', in relation to any land, means the person for the time
         being entitled to receive the rack rent thereof, or who would be
         so entitled if the land were let to a tenant at a rack rent:
     ``Public reserve'' has the same meaning as in the Reserves Act 1977:
     ``Repair'' includes trimming, keeping, and maintaining a live fence,
         keeping an electric fence in working order, and cleaning,
         deepening, straightening altering, or enlarging the course of a
         natural or artificial watercourse or any ditch or channel or
         raised ground that serves as a fence:
     ``Road'' means a road within the meaning of section 110 of the
         Public Works Act 1928; and includes any motorway, limited access
         road, street, access way, service lane, and other public
         highway:
     ``Work'' and ``work on a fence'' include the erection, replacement,
         repair, and maintenance of a fence in whole or in part, and the
         preparation of the land along or on either side of a boundary
         between adjoining occupiers for any such purpose; and include
         any survey work necessary to determine that boundary.
     Cf. 1908, No. 61, s. 2