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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Public rights and powers over common marine and coastal area - Rights of access

26: Rights of access

You could also call this:

"Your rights to use the beach and sea"

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

You have the right to enter, stay in, and leave the common marine and coastal area without charge. You can pass through this area and engage in recreational activities like swimming or fishing. These rights are free for you. You need to know that some rules can limit these rights, like rules made under section 79. These rules can stop you from doing certain things in the common marine and coastal area. They can apply to some or all of your rights. Some rules can also say when and where you can exercise your rights. For example, a rule might say you cannot swim in a certain area at night. In this section, an enactment refers to laws, bylaws, regional plans, and district plans. These laws help manage the common marine and coastal area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213303.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningRecreation and sport > Outdoor activities
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Part 2Common marine and coastal area
Public rights and powers over common marine and coastal area: Rights of access

26Rights of access

  1. Every individual has, without charge, the following rights:

  2. to enter, stay in or on, and leave the common marine and coastal area:
    1. to pass and repass in, on, over, and across the common marine and coastal area:
      1. to engage in recreational activities in or on the common marine and coastal area.

        1. The rights conferred by this section are subject to any authorised prohibitions or restrictions that are imposed under section 79, or by or under any other enactment.

        2. A prohibition or restriction of the kind described in subsection (2) may, subject to the enactment in which it is contained or by which it is authorised, apply to—

        3. any or all of the rights conferred by this section:
          1. 1 or more ways of exercising those rights:
            1. 1 or more defined periods, or an indefinite period, or recurring periods of a stated kind:
              1. 1 or more specified areas.

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