This Content Is Only For Subscribers
In last week’s webinar, Thursday March 21, Tourism Industry Aotearoa (TIA) hosted “Knowing Your Obligations,” about the upcoming Adventure Activities regulations set to take effect on April 1.
With a focus on clarifying obligations under the amended regulations, the session aimed to address concerns and provide essential insights for operators in the adventure tourism sector.
Understanding Legal Requirements and Safety Reminders
Hosting the webinar was TIA Member and Advocate Megan Williams who highlighted the necessity for clarity regarding the amended regulations, particularly concerning safety standards and legal obligations. She emphasized the need for adherence to ensure the safety of both visitors and staff, highlighting the intersection with the Health & Safety at Work Act, which applies universally.
Determining Applicability of Regulations
Senior Law Associate Joseph Harrop of Lane Neave Lawyers in Auckland dived into the intricacies of the amended regulations, shedding light on potential ambiguities and challenges operators may face. He stressed the importance of discerning whether activities fall within the scope of adventure regulations, outlining key criteria for coverage.
Joseph provided comprehensive insights into the amended regulations, addressing potential areas of confusion and offering guidance for operators navigating compliance. He emphasized the need for vigilance in meeting ongoing obligations, particularly in light of enhanced regulatory powers granted to WorkSafe.
“In assessing coverage under the amended regulations, it’s imperative to consider various criteria,” he says. “Activities must involve payment, be land or water-based, and incorporate guiding or teaching elements, among other requirements.”
WorkSafe’s Approach
Joseph highlighted potential ambiguities within the regulations, acknowledging criticisms directed at WorkSafe’s management of the adventure sector in the past. While emphasizing the need for compliance, he noted areas where clarity and guidance from WorkSafe are essential for operators to navigate regulatory requirements effectively.
“While the regulations aim to ensure safety, some aspects remain ambiguous. “WorkSafe’s approach to enforcement will likely be robust, necessitating clear communication and cooperation from operators.” says Joseph.
On Worksafe’s website, there is comprehensive information detailing what the changes to the Adventure Activities Regime means for operators that also include changes to the Safety Audit Standard here. Support Adventure also have resources, information and tools on the website here
