New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What are AMF Rights as they relate to river frontages

?So do the public have...
What are AMF Rights as they relate to river frontages ?So do the public have right of entry to these grazing lands to the centre of the river. And what other Rights are attached to AMF Rights?
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 44 minutes by:
6/24/2010
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,842
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
By AMF rights are you referring to principle of usque ad
medium filum aquae. It depends on whether the river is tidal or not. For non tidal the land to the center of the river is the farmers and they can keep out the public. The use of the water is subject to resource restrictions. Grazing on the banks may be restricted due to erosion and pollution, but each council has its own restrictions.

This principle is a presumption, rebuttable by evidence of ownership to the contrary, that the boundaries of land on either side of a non-tidal river extend to its midpoint. I quote from a recent decision
[32] The English common law drew a distinction between tidal and non-tidal
rivers. A tidal river was regarded as an extension of the sea and navigable in law to
the highest tidal point; the riverbed was deemed to belong to the Crown: Halsbury’s
Laws of England (4ed 2004) vol 49(3) Water at [760]. The presumption of usque ad
medium filum aquae did not apply for the benefit of riparian owners in the area of
tidal ebb and flow, even when passage was suspended because the tide was too low
for vessels to float. The public right of navigation over a tidal river was a right of
passage, not a right of property: Ewing v Colquhoun [1877] 2 AC 839 (HL). It was
simply a right to pass, re-pass and remain for a reasonable time. There were
incidental rights attached to this right of passage, such as the ability, in the ordinary
course of navigation, to anchor, to load and unload over a convenient time, and even
to ground a boat.
[33] On the other hand, the principle of usque ad medium filum aquae applied to
non-tidal rivers. The boundary of the riparian land extended to the midpoint of the
river in the absence of evidence to the contrary: Bennion and others New Zealand
Land Law (2ed 2009) at 20. This Court has confirmed that in the case of nonnavigable
and non-tidal rivers, the registered proprietor of the adjacent land owns the
bed of the river to the middle line: In re the Bed of the Wanganui River [1962]
NZLR 600 at 609.
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,842
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Chris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago

Thanks for the great answer.My section of river is not tidal.And in certain places my land stops at a legal road and from then on it is the riverbed.My AMF Rights would stop at the legal road and not extend into the riverbed.

 

On other sections of my property I have land between the road and the riverbed where AMF Rights do exist.Please confirm

There may be complications due to surveys not being adequate as well. And, as you know rivers move after a title has been cut out of an area, and this can complicate ownership and use. In general members of the public do not have access especially when your title goes to the middle of the river. Where your title goes to the legal road, I take the implication that this is a paper road which has not been formed. Where the road is adjacent to the river then you would not have any rights to the centre of the river. Those rights would belong to whoever owns that road, along the stretch adjacent to the road.
Ask Your Own New Zealand Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,842
23,842 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,842 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

76 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

< Previous | Next >

Related New Zealand Law Questions
My Neigbour and I are 2 of 8 owners of a access way, he has
My Neigbour and I are 2 of 8 owners of a access way, he has 30 cows and only 6 acres of grazing, so he push his stock onto the access way to graze and other peoples land, his property is not fenced pr… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
My Lawyer is. Unfortunately I am not able to access page
Hi My name is***** and my Lawyer is Chris. Unfortunately I am not able to access page which I have had for approx. 7 mths. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
We are allowing a person to put their horse to graze on our
Hi , we are allowing a person to put their horse to graze on our land free of charge with certain conditions i.e. She has to clean up after it etc. It has been a week tomorrow and so far she has faile… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
We applied for a 32 hectare farm lease which included 2
We applied for a 32 hectare farm lease which included 2 houses, and 2 camping-grounds. This lease was advertised in the locals papers etc. and we have been offered the lease. We checked into the legal… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
In 1999 our local council "closed a road" that was the only
In 1999 our local council "closed a road" that was the only legal access to part of the property we now own for the benefit of land owner BD. Council followed the process according to the Local Govt A… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
A neighbours sheep have been allowed onto the next door neighbours property that joins
Hi. A neighbours sheep have been allowed onto the next door neighbours property that joins my back boundary with a 1.5 metre bank to graze and have eaten all the protective foliage from the bank causi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
Where a stream runs through a private property, who owns the
where a stream runs through a private property, who owns the land within the riparian strip?. Does the owner have any control on who can access that land and what they want to do. i.e. pipe sewage thr… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
With a give and take boundary,why do we have the ad medium
With a give and take boundary,why do we have the ad medium filae law and other laws on the icsm website,and on the fencing website it says the fence is never the boundary,no matter how practically it … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
This matter concerns a claim for damages by the Hora-Hora Awana
This matter concerns a claim for damages by the Hora-Hora Awana Land Company Ltd (HHALCL - Lot 1 DP 94742) against an adjacent neighbour (Owner and Legal Description to be ascertained) for significant… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
The Disputes Tribunal has said I need a legal submission, for
The Disputes Tribunal has said I need a legal submission, for the referee to order the Council to reinstate the Permit to Enclose a Portion of Road Reserve. Jurisdiction is not under any of the Acts u… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
We signed up our 75 acre block for sale with the purchaser
We signed up our 75 acre block for sale with the purchaser having the grazing rights (only) on the land until takeover date, they paid 10% deposit, since the deposit was paid they have sprayed off pad… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
In 1985 a farmer took a bulldozer to my familys land 88 acres
In 1985 a farmer took a bulldozer to my family's land 88 acres and developed aprox 20 acres of it by crushing the scrub and sowing grass. He did this without our knowledge or consent. He was asked to … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
My husband and his brother had shares in the land that we built
My husband and his brother had shares in the land that we built our house on 23 years ago. The land was divided into 17 shares of which my husband owned 11.9 shares. My husband passed away 61/2 years … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
The aim: To have right of way entitlement recorded on my updated
The aim: To have right of way entitlement recorded on my updated Certificate of land title. The question: What now need to occur, facilitated by who and at what approximate cost? Background: I have ow… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
Law related to Rows I am the serveient tenant with a ROW
Law related to Row's I am the serveient tenant with a ROW easement thru my life style block which accesses a 40 acre farm behind me. This is about to be sold and the prospective new owner wishes to wi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
Hi, if I have leased land to a dairy farmer and the rental
Hi, if I have leased land to a dairy farmer and the rental is based on a dry-stock grazing rate, then I find that the farmer has been milking the cows for production from grazing my land, do I have a … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
what are the rules around right of ways in New zealand?we have
what are the rules around right of ways in New zealand?we have a shared right of way with life style blocks - wanting to know rules around grazing of land up the drive… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers
I have a pest control lease on forestry land do I have the
I have a pest control lease on forestry land do I have the right to remove stock (for their own safety from poison )that are Default grazing by the neigbour ,I pay for my lease the neigbour pay nothin… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,842 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x