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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22979
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We are a community group looking at extending an estuary

Customer Question

Hi,
We are a community group looking at extending an estuary walkway along edge of Manukau harbour. Excellent support from residents but 3 residents have "properties with riparian rights" and they have raised question.
If walkway is built along the base of current bank which is also the mean high tide line due to erosion, to provide walkway base say 3-5 metres wide - then what is the impacts on riparian rights? and where would "owners land" end after walkway built?
Regards ***** *****
Waiuku Waterfront & Reserves Committee
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
Riparian rights extend to limit of mean high tide mark so unless the owners consent you would not be able to build this over their land. They could negotiate easements for the walkway if that would be acceptable, which would resolve the issue. They still retain their riparian rights in that scenario. If they won't consent you could put the walkway at the edge of their property but I suspect you may need a different structure being so close to the sea. But if that is possible then you could proceed because it would not be on their land.