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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 navigation

27: Rights of navigation within marine and coastal area

You could also call this:

"Travelling through coastal areas by ship: your rights and rules"

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

You have the right to enter and travel through the marine and coastal area by ship. You can temporarily anchor, moor, or ground your ship in this area. You can load and unload cargo, crew, equipment, and passengers. You can stay in a place within the marine and coastal area for a convenient time. You can also stay temporarily until the weather is good enough to leave or until you have loaded cargo or made repairs. These rights include anything that is reasonably necessary to exercise them. You can exercise these rights, but you must follow any authorised restrictions and prohibitions imposed by law, including those under sections 78 and 79. These restrictions can apply to one or more of your rights, or to how you exercise them. They can also apply for a specific period or to a specific area. In this context, an enactment refers to laws, bylaws, regional plans, and district plans.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213305.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningTransport and travel > Boating
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"Your rights to use the beach and sea"

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"Your existing fishing rights are still allowed"

Part 2Common marine and coastal area
Public rights and powers over common marine and coastal area: Rights of navigation

27Rights of navigation within marine and coastal area

  1. Every person has the following rights:

  2. to enter, and pass and repass through, the marine and coastal area by ship:
    1. to temporarily anchor, moor, and ground within the marine and coastal area:
      1. to load and unload cargo, crew, equipment, and passengers within the marine and coastal area:
        1. to remain in a place within the marine and coastal area for a convenient time:
          1. 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.

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

            2. 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.

            3. 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—

            4. 1 or more of the rights conferred by this section:
              1. 1 or more ways of exercising those rights:
                1. a definite period 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.