Foreshore and Seabed

2 Main Elements of the Foreshore and Seabed Act

2.3 Customary Rights

Customary rights are rights that pre-date Crown sovereignty and have been exercised ever since. That means they were in existence at 1840 and have continued to be exercised from 1840 to the present day. Customary rights are recognised by the common law along a spectrum, with territorial rights (i.e. rights of exclusive use and occupation) at one end and non-territorial rights (i.e. rights of use) at the other.

The Foreshore and Seabed Act codifies the common law and provides for recognition of customary rights in the form of Customary Rights Orders and the findings of Territorial Customary Rights.

The procedures for recognising customary rights under the Act are the only way in which customary rights claims to the public foreshore and seabed can be considered by the courts.

For more information on:

Customary Right Orders

Territorial Customary Rights