Explainer: Where can you drive your car on the beach?

Tuesday, 8 January 2019

Motorists have been caught on camera fishtailing, doing back slides and performing handbrake turns along Stanmore Bay beach.

With summer in full swing, many people are contemplating taking their road trip to the beach.

But vehicles aren't permitted on many beaches across the country, and drivers doing back slides and handbrake turns at places like Auckland's Stanmore Bay have some residents seeing red.

Meanwhile, many district and regional councils are placing further restrictions on vehicle access at beaches due to concerns over pedestrian safety and the environment.

So where can you drive on the beach, and what are the rules when you're there?

Driving is only permitted on two Auckland beaches with a permit.

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WHAT BEACHES CAN YOU DRIVE ON IN NEW ZEALAND?

Vehicles are banned from most beaches in New Zealand unless they are launching or retrieving a boat.

Vehicles are largely banned from beaches throughout New Zealand unless they are launching or retrieving a boat or carrying out surf life saving, police, council or government activity.

One exception is the Northland region, where people can drive on most beaches bar Bream Bay, Ruakaka.

In Auckland, people can drive on Karioitahi and Muriwai beaches with a permit.

Similarly in Tauranga, all-terrain vehicles can be driven on beaches if they display a council permit.

Cars are permitted at Oreti Beach in Southland.

In Horowhenua, drivers are permitted on beaches but must observe a 30kmh speed limit. Vehicles are also allowed on most beaches in the Ōpōtiki district, bar areas of Waiotahi and Tirohanga beaches.

On the Kāpiti Coast, cars are allowed on the beach at Ōtaki and Peka Peka.

Drivers are also welcome at Oreti beach in Southland – the training ground of the late Burt Munro.

ARE BEACHES CONSIDERED ROADS?

A spokesman for the New Zealand Transport Agency (NZTA) says the legal definition of a 'road' is broad as it includes 'anywhere which the public can access with a vehicle'.

'There are many beaches around the country which meet the definition of the above, but we don't hold figures on how many,' the spokesman says.

According to NZTA's website, the Land Transport Act considers that beaches are roads, which allows local authorities to set speed limits on beaches.

It also means police can enforce traffic laws such as registration requirements.

Sergeant Dave Fraser at Foxton Beach, where a 30kmh speed limit is now in force.

The website says the definition is in place to ensure that the Land Transport Act applies to beaches and the public is protected from the misuse of vehicles.

It does not give drivers right of access to all beaches across the country.

CAN YOU GET IN TROUBLE FOR DRIVING ON A BEACH?

An NZTA spokesman says any driving which is illegal on a public road is also illegal on a beach.

That means drivers must obey speed limits, wear seatbelts and stay below the legal alcohol limit.

'Police cannot be everywhere all the time, and every driver is responsible for obeying the law, driving safely and avoiding behaviour which puts themselves or others at risk,' the spokesman said.

ARE THERE ANY POLICE CONCERNS?

A police operation called Black Sand focuses on safe driving on Auckland's Muriwai beach over summer.

Senior Sergeant Steve Pivac of the Waitemata North Police says the operation has been in place for a long time and will continue in 2019.

Inspector Bruce O'Brien says police are aware of instances of drivers breaching bylaws by driving on other Auckland beaches.

In December, a group of people used their vehicles to move barbecues onto Stanmore Bay beach.

'While this is indeed a breach of the bylaw, this is a matter for the council, and we will take action when there are reports of dangerous driving that puts the safety of those in the vehicle, or members of the public, at risk.'

Elsewhere in the country, concerns have been raised over 100kmh speed limits on beaches.

Foxton Beach recently changed to a 30kmh speed limit, but before that, warden Ross Brannigan says he was 'sitting on a knife edge', worried for pedestrians.

'There's been a number of serious accidents and we've had to have the helicopter picking up injured people.'