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Workplace Relations and Safety Minister Brooke van Velden is announcing further changes to health and safety, as part of the ACT-National Coalition commitment to reform health and safety law and regulations.
“This reform refocuses the work health and safety system by getting rid of over compliance, making sure there’s less paperwork and giving businesses, employers and workers clarity on their health and safety responsibilities. We want all New Zealanders to return home safely after every working day,” says van Velden.
“For many Kiwis, outdoor recreational activities are a way of life that has been enjoyed for generations. Unfortunately, New Zealand’s work health and safety settings have reduced the appetite to allow these activities, inadvertently creating a culture of fear amongst landowners who are now worried about their legal liability if someone gets hurt,” says van Velden.
“Many landowners, managers, councils, farmers and iwi allow access to their land for recreational use out of sheer goodwill. I do not think it is reasonable or proportionate for landowners, managers and iwi to be prosecuted by WorkSafe if someone was to be hurt or injured during the course of a recreational activity just because they are responsible for the land.
“I am announcing a change to the Health and Safety at Work Act that clarifies the law for landowners and will free up private and public land for recreational use.
“Landowners will not be responsible if someone is injured on their land while doing recreational activities. Health and safety responsibilities will lie squarely on the organisation running the activities,” says van Velden.
“For example, a farmer might worry they are responsible for the risks of a horse trekking business on their land. I am making it clear in the law that in this case the health and safety duties sit with the horse trekking business. The farmer would only need to consider the risks from their work where that work is happening in the immediate vicinity of the horse trekking. They are not responsible for risks of the recreational activity itself.
“We all know that recreational activities aren’t without some risk, and sometimes it’s the risk that makes it fun. I want Kiwis to be able to hunt, fish, hike, climb, mountain bike, kayak and so much more without being caught up in health and safety red tape,” says van Velden.
The change will apply to both public and private land, from farms and forestry to school grounds, local council land and regional and national parks.
This change will not impact private property rights, and it will still be up to the landowner to grant access to their land if they wish.
