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Natural Environment Bill

Enforcement and other matters - Miscellaneous - Existing rights

327: Rights or interests in freshwater and geothermal resources preserved

You could also call this:

"This law keeps existing rights to freshwater and geothermal resources."

Illustration for Natural Environment Bill

This proposed law does not create new ownership rights in freshwater or geothermal resources. It also does not get rid of any existing rights that people may have to these resources, such as rights based on customary law. You will still be able to do things under this law that you are allowed to do. This law does not change how people carry out their duties or use their powers. You can still perform your duties and exercise your powers as you would under this proposed law. The proposed law is clear that it does not affect the rights people already have to freshwater and geothermal resources, and it does not affect how the law is applied in these situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1537480.

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326: Crown's existing rights to resources to continue, or

"The government keeps its existing rights to land, water, and coastal areas."


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328: Vesting of reclaimed land, or

"How to own land that was once a riverbed or lakebed"

Part 6Enforcement and other matters
Miscellaneous: Existing rights

327Rights or interests in freshwater and geothermal resources preserved

  1. This Act, and legislation made under it, does not—

  2. create or transfer any proprietary right or interest in freshwater or geothermal resources:
    1. extinguish or determine any customary right or interest (for example, one founded on, or arising from, aboriginal title or customary law) that may exist in freshwater or geothermal resources.
      1. Nothing in this section affects, or affects the lawfulness or validity of the performance or exercise by any person of, any duty, function, or power under this Act.