New Zealand Legislation: Acts

8 Rights of navigation within foreshore and seabed

• (1) Every person has rights of navigation within the foreshore and seabed.

  (2) The rights conferred by subsection (1) include—

  • (a) a right to pass and repass:

  • (b) a right to temporarily anchor, moor, and ground:

  • (c) a right to load and unload cargo, crew, equipment, and passengers:

  • (d) a right to remain in a place for a convenient time:

  • (e) a right to remain temporarily in a place until wind or weather permits departure or until cargo has been obtained or repairs completed.

  (3) The rights conferred by subsection (1) include anything reasonably incidental to the rights of navigation.

  (4) The rights conferred by subsection (1) may be exercised subject to any authorised limits, including prohibitions, on navigation that are imposed by or under an enactment.

  (5) Unless the enactment or other instrument that authorises a limit of the kind described in subsection (4) otherwise provides, the limit may be applied—

  • (a) to any or all rights of navigation:

  • (b) to any method or methods of exercising rights of navigation:

  • (c) for a definite period or an indefinite period or for periods that arise from time to time:

  • (d) in respect of 1 or more particular areas or a general area.

  (6) On and from the commencement of this section, the common law rights of navigation are replaced by the rights specified in this section.

  (7) Nothing in this section affects any obligations that are binding on New Zealand under international law.