Thread: **New discovery, Legal access!?**

Queen’s/Kings chain applies to only about 60% of coastline and water ways apparently. So be careful about where you believe this exists. I have copied and pasted the following guideline put out by a legal firm in2015.
“When Governor Hobson was surveying New Zealand he had strict instructions from Queen Victoria to set aside strips of land to provide particular sites for “roads, quays, recreation and amusement and for promoting health”. This led to early surveyors reserving land (but not all land) for these purposes alongside waterways, including rivers, lakes and sea boundaries.

However, it was not until 1892 that the Crown passed legislation requiring a strip of land (made up of a chain) to be reserved adjoining the high water mark for any Crown sales made after that date.

The term “chain” refers to an early surveyor’s tool called a chain which was made up 100 links (being 66 feet or 20 metres).

Currently, the law generally provides that where any subdivision divides land into lots under 4 acres the council can require an esplanade reserve (a 20 metre Queen’s chain strip) as part of the resource consent for any land adjoining rivers, lakes and beaches.

This means that the Queen’s chain now refers to the marginal strips and esplanade reserves, which normally are 20 metres wide, adjoining many lakes, rivers and the foreshore.

There are still however, a large amount of land ownership whereby there is no reserve or Queen’s chain and the land ownership continues right down to the water. It is these types of land ownership which can be said to contain riparian rights.

This usually relates to the high tide mark, but some titles may extend to the low water mark, particularly if the land is Maori land.

Riparian rights allow unimpeded access to that mark (whether high or low tide mark), however those rights are limited by any council bylaws which would apply and also the Resource Management Act. For example, the building of a jetty or small wharf on privately owned land which extends out into the water will require council consent regardless of whether or not riparian rights exist.“

Originally Posted by ZQLewis

And I thought the definition for the Kings chain was a navigatable water way.

Also note on the paper road/public access. The access is exactly where it is in the map and in some places this may make it impassable. Ie a river may have cut across it, or s slip or gorge may impede access. if you forced the issue in these cases with the landowner the minute you step off the easement around a tree or slip etc you are tresspasing.
Much easier to call by a few weeks earlier after you have done you home work and with copies printed out.

Ps some guys have been burnt before so take that into consideration.
Z

you are bang on -many legal roads cannot be used as they no longer exist in areas where rivers have changed course or major slips have happened - that aside we have managed to get a Council to send letter to landowner clarifying the situation and allowing public to use a legal road - but sadly all to often the landowner will lock gates or block road - all I can say is give it a go with landowner first - some once they know you are okay will allow access provided you notify them when going there -but some are just plain one eyed - protect what you have though - The person to talk to at Local Council is the Roading Engineer they have a lot of say -generally they are reluctant to close legal roads

Originally Posted by cally woo

okay so I'm quite new to hunting so please forgive how dumb I sound/ really am...

So I have only been hunting road access blocks because I assumed farmers land was farmers land, and wanted to respect that.... I have only looked on DOC website for hunting areas because of this.

I recently had a friend over and he told me about legal access? apparently you can legally walk in the purple zones seen on an app called "pocket maps" to access some blocks.

This opens up a few blocks to me that I thought were land locked.

Just confirming this is correct before I get shot by an angry farmer. What are the rules? will farmers still get angry? should I be careful or embrace my new discovered rights and get after it?

Any info will be a big help.

Thanks

You’ve already had some good etiquette answers, I’ve also found it very beneficial to begin with gaining access to target pests, possum, rabbits, hares, wallabies. You’ll find if there’s good deer hunting the farmers likely been hounded for access but a lot of people won’t be wanting to help him with the pest control.

Great info guys. I've surveyed land all around Marlborough / Kaikoura over the years and those paper roads we had to lay out, that were drawn up in England by drawing a straight line on a map, were definitely not in some situations accessible. Try laying out a road over a bluff grrrrrrr. Always ask the farmer first and if he says no then tell him your a surveyor lol. They go quite very quickly ;-) especially if they're getting free grazing ;-) It happened once to a work colleague that was taking his family on a picnic. The farmer said he was on private land, but as soon as he said he knew the boundary being a surveyor (who'd laid it out a year before) , the farmer was very helpful all of a sudden lol.. Still best to ask first

A while back I ran in to the issue in mount lyford. The skifield managers dont allow access off the road to the public land accross the river to doc land. I didnt find this out until I
Rang them up to see if we could get access to drive up for the kids. Was goig to get the mrs to drop me off where the road goes into doc land. Unforturnatly when asked " whats your plans?" I out of character squeeled like a stuck pig. Old mate on the phone denied us entry and wouldnt have a bar of it.

Funny thing is the public road goes right up to the villages water overflow/swimming hole. Theres bassically skulls and crossbones everywhere saying you will be prosecuted and cctv lol for poaching blah blah blah.
Next evening I just went for a nosey and saw 3 hinds on the bush edge on the public land edge.
Technically via the Queens chain argument I should have had access from the water source to the river with out any complications. Due to the family being there,and not wanting any stir I left it.

It is a shame when certain land owners are difficult or have apower complex. Any old farmers I have known are always good sorts. My family never had issues with respectful people asking.

We used to beach our boat in queenstown tied up to a willow for years as everyone did. When summer came around went to check over our hobbie cat and dingy and the hobie was gone, along with my uncles fibreglass outboard, Flaming Marty the harbour master took em, in conversations when it came up about the queens chain, there was no question that we had the right to moore the boats there. All boats were chained and paddlocked.