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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22303
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We have riperian rights on our tidal harbour front property

Customer Question

We have riperian rights on our tidal harbour front property I unserstand that means I can launch my boat there. The problem is that our land is very steep, hard to get a boat up. I want to park my boat on a rather flat area 5 mtrs beyond the high water mark> That will result in the boat and trailer standing in about 300 mm of water at vert high tides. Have I got the right to park it there? My neighbour tells me we have "the old" riperian rights extending 15 feet betond high water mark. (He is no lawyer but a lawyer who can no longer be reached advised him of this) Can you shed light on this?
JA: What state is this in? And how old is the boat? I am Pearl, the Lawyer's Assistant.
Customer: Northland 7.9 mtr sailyacht build 2000
JA: Have you talked to a lawyer yet?
Customer: my lawyer said that we have acces rights but does not know if that includes boat parking. I thought it may be possible because in NZ a great many constructions are allowed if they are temporary or removable (think batches with two Holden wheel attached.
JA: Anything else you think the lawyer should know?
Customer: Neighbours also with boats are all happy with it, they have room to tow their boats just past the high water mark.
Submitted: 3 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 months ago.
Once you are past the boundary it is a local authority issue. They have inherited the harbour board jurisdiction over the seabed and therefore would be the body who would need to give permission. Sometimes it is best not to ask however because then you would get into issues of licensing and mooring fees. But you would not have a right to moor there just because you have riparian rights

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