You have probably heard of the term “Queen’s Chain” referring to strips of land beside rivers and foreshores of lakes and sea coast. It is commonly thought that the Queen’s Chain guarantees free access to all and sundry to any lake, river or foreshore provided that one stays within 1 chain (22 yards in imperial measurements or approx 20 metres of the high water mark). This is however a fallacy.
The origin of the term “Queen's Chain” is said to have come from Queen Victoria’s 1840 instructions to Governor Hobson to reserve strips of land around the coastline, lakes and rivers. However, it is more correctly believed today that the instructions related to particular sites to be reserved for quays (wharves) and park areas for recreation and enjoyment of the public at large.
The reality is that as a legal concept, the Queen's Chain at best only refers to “marginal strips” which are reserved areas protected from sale or further subdivision because of legislation passed in 1892 (Land Act 1892) requiring a chain width from the high water mark of significant rivers (over 33 feet in average width) and Lakes (over 50 acres in area) to be reserved from sale to the Crown.
Also, today there are properties adjoining waterways where the land was not reserved by the 1892 Act that enjoy “riparian rights”. That means that the adjoining landowners effectively own all of the land to the middle of the river and the general public does not have access over the land or riverbank.
Many properties in the Marlborough Sounds have riparian rights attaching to them so pulling up in your floating gin palace to a secluded beach there for an onshore picnic could end up quite badly if the landowner takes exception to your presence.
As coastal land is further subdivided local authorities are requiring esplanade reserves to be incorporated into the subdivision to give access to the public to waterfront reserve areas so the “Queen’s Chain” is being expanded slowly. It is estimated that as at 2003 the Queen’s Chain gave access to around 60% of the coastline, lake fronts and significant rivers. What the effect of global warming and “managed retreat” may have the further subdivision of such land remains yet to be seen.
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