Sport NZ Sport and Recreation Knowledge Library: New Zealand-based sport and recreation research

Elements of the Law on Movable Water Boundaries Research Completed

Title

Elements of the Law on Movable Water Boundaries

Lead Author

Hayes, B. E.

Organisation(s)

Walking Access, Ministry of Agriculture and Forestry

Publication Year

2007

Publisher

MAF

Contacts

www.walkingaccess.govt.nz

Abstract

The law relating to water boundaries in New Zealand has not been cohesively developed. Errors, confl icts, and misconceptions abound. Broadly speaking, when the legislature has dealt with water boundaries and the ownership of riverbeds, it has tried to apply reason to finding solutions. Since 1900, when the courts have had a say (expressed in decided cases), they have generally shown a preference for authority with origins in English common law. Regrettably, the marriage of New Zealand statute law and English case law has been neither wholly happy nor entirely productive. However, that is not to deny that where its application is appropriate, New Zealand has benefited greatly from common law

Keywords:

Water, Marine, Access, Law

How to access

Areas of Focus

Settings (location)

Provision (delivery type & infrastructure)

Coast and beach, Rivers and lakes, Travel and Transport