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Foreshore and Seabed Act 2004

The Foreshore and Seabed Act 2004 (FS Act) provides for Crown ownership of the public foreshore and seabed, on behalf of all New Zealanders. A key principle of the FS Act is guaranteeing public access in, on and over the public foreshore and seabed along with protecting customary rights and interests.

A main element of the FS Act is public access and navigation. It guarantees:

• access rights in, on and over the public foreshore and seabed. These include the right to participate in recreational activities such as swimming
• navigation rights within the foreshore and seabed.

The Act only creates public access rights over the public foreshore and seabed. It does not provide for access to the public foreshore and seabed across private land.

Access and navigation can continue to be restricted in accordance with existing statutes, bylaws, and other rules. These may include the following:

• restrictions on access to protect wahi tapu and sites of significance associated with a customary rights order
• restrictions on access around port areas, under maritime legislation
• restrictions on vehicle access, in regional coastal plans and bylaws
• restrictions on access to parts of conservation areas, to protect sensitive wildlife.

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