Access to and along water margins : the Queen's chain myth

Abstract

This study reviews the laws and practices for creating and locating water margin reserved land in New Zealand from 1840 Royal Instructions to proposed district plan rules. The study has reviewed statutes, parliamentary reports, proposed district plans, various other writings and reports It has involved site visits, field observations and interviews.

Surveyors' instructions, regulations, then legislation required chain strips along the coast, major rivers and significant lakes to be reserved from subsequent Crown land sales. Access rights respected by Maori and European arrangements for travellers show accepted access arrangements. Land Acts required chain strips from Crown land sales along the coast, rivers and lake margins. Esplanade reserves on similar water margins of private land were required in counties from 1946, then all local authorities by the Local Government Act from 1978.

The term "Queen's chain", its extent and origins are considered. Surveying practices for water margins are reviewed. Debates from 1989law proposals highlighted concerns about reduced public access as the proposals were linked to assets sales. New marginal strips by Conservation legislation are not surveyed, are ambulatory and remain next to the water. They can be leased or their use licenced. Examples of surveying practice, innovative design and planning of boundaries are provided. Rule from several proposed district plans for esplanade reserves and strips are discussed.

The study concludes that the extent of Queen's Chains is a myth. Shifting water margins and access rights are complex to define in legislation. The Queen's Chain gained popular support and protests may have prevented sales of water margin lands.