Foreshore and Seabed

2 Main Elements of the Foreshore and Seabed Act

2.2 Public Access and Navigation

The Foreshore And Seabed Act 2004, guarantees that you have:

(a) access rights in, on and over the public foreshore and seabed. These include the right to participate in recreational activities, like swimming; and

(b) navigation rights within the foreshore and seabed.

2.2.1 Public Access

The Act creates public access rights in, on, over and across the public foreshore and seabed, to enable its continued use and enjoyment by all New Zealanders.

2.2.2 Access to public foreshore and seabed over private land

The Act only creates public access rights over the public foreshore and seabed. It does not provide for access to the public foreshore and seabed across private land. The Ministry of Agriculture and Forestry is carrying out further work on access across private land to rivers, lakes and the coastline. For more information on this process, refer to the Ministry of Agriculture and Forestry website www.maf.govt.nz.

2.2.3 Navigation Rights

Rights of navigation already exist at common law. The Foreshore and Seabed Act replaces those rights and clarifies that they extend over privately owned foreshore and seabed. The Act codifies the general right of navigation within the foreshore and seabed including:

• A right to pass and re-pass;

• A right to temporarily anchor, moor, and ground;

• A right to load and unload cargo, crew, equipment, and passengers;

• A right to remain in a place for a convenient time;

• A right to remain temporarily in a place until wind or weather permits departure or until cargo has been obtained or repairs completed; and

• Anything reasonably incidental to these rights of navigation.

2.2.4 Restrictions on Access or Navigation

Access and navigation can continue to be restricted in accordance with existing statutes, bylaws, and other rules. These may include the following :

• restrictions on access around port areas, under maritime legislation;

• restrictions on vehicle access, in regional coastal plans and bylaws; and

• restrictions on access to parts of conservation areas, to protect sensitive wildlife.

The Act allows for Ministers to restrict access to protect wahi tapu and sites of significance, which are associated with a customary rights order, from inappropriate public access.

2.2.5 Fishing

The Act does not affect the ability to fish. Fishing continues to be subject to existing legislation including the Fisheries Act 1996, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and other applicable legislation and regulations.