Marine and Coastal Area (Takutai Moana) Act 2011

  • This version was replaced on 16 January 2019 to make a correction to section 23(3) under section 25(1)(j)(iv) of the Legislation Act 2012

Rights of navigation

27 Rights of navigation within marine and coastal area

(1)

Every person has the following rights:

(a)

to enter, and pass and repass through, the marine and coastal area by ship:

(b)

to temporarily anchor, moor, and ground within the marine and coastal area:

(c)

to load and unload cargo, crew, equipment, and passengers within the marine and coastal area:

(d)

to remain in a place within the marine and coastal area for a convenient time:

(e)

to remain temporarily in a place within the marine and coastal area until wind or weather permits departure or until cargo has been obtained or repairs completed.

(2)

The rights conferred by subsection (1) include anything reasonably incidental to their exercise.

(3)

The rights conferred by subsection (1) may be exercised subject to any authorised restrictions and prohibitions that are imposed by or under an enactment, including restrictions and prohibitions imposed under sections 78 and 79.

(4)

A restriction or prohibition of the kind described in subsection (3) may, subject to the enactment in which it is contained or by which it is authorised, apply to—

(a)

1 or more of the rights conferred by this section:

(b)

1 or more ways of exercising those rights:

(c)

a definite period or an indefinite period, or recurring periods of a stated kind:

(d)

1 or more specified areas.

(5)

In this section, enactment includes bylaws, regional plans, and district plans.