As sea levels rise and erosion reshapes our shorelines, questions of beach ownership, public access, and customary title are becoming more urgent than ever.

Halliwells’ Dr Adrienne Paul has co‑authored “Beach Law in the Anthropocene”, an international study comparing how legal systems around the world govern coastal spaces, with a specific analysis of Aotearoa New Zealand’s framework. The paper argues that meeting the climate challenge means rethinking what “ownership” means; and balancing private rights, public access, and Te Tiriti‑based customary interests.

The paper finds that private property and economic interests typically take precedence over environmental and Indigenous values. Civil law systems generally offer stronger public access protections, while common law jurisdictions, including New Zealand, grapple with tensions between Crown, public, and Māori customary interests. It traces the journey from the Foreshore and Seabed Act 2004 to the Marine and Coastal Area (Takutai Moana) Act 2011, and argues that meeting the challenges of our time requires rethinking what “ownership” means, moving beyond entrenched norms toward principles of environmental justice.

We invite you to read the full paper below.