Foreshore and Seabed

2 Main Elements of the Foreshore and Seabed Act

2.1 Crown ownership

The Act provides that the Crown is the owner of the public foreshore and seabed. The Crown owns the public foreshore and seabed on behalf of all New Zealanders.

2.1.1 Why does the Act refer to the "public" foreshore and seabed?

"Public" foreshore and seabed is all foreshore and seabed that is not in private ownership, but includes the foreshore and seabed that was owned by local authorities before the Foreshore and Seabed Act 2004.

The Act only vests in the Crown the "public" foreshore and seabed. The rights of access only apply to "public" foreshore and seabed, as do the new jurisdictions of the Maori Land Court and the High Court to recognise customary rights.

2.1.2 How much of the foreshore and seabed is in private hands now?

Work undertaken by Land Information New Zealand in December 2003, indicates that there are 256 parcels of the foreshore and seabed that are currently in private title under the Land Transfer Act 1952 . In addition to this there are approximately 12,000 privately owned parcels which contain a small strip of foreshore, namely the foreshore between mean high water springs and mean high water mark.