Outdoor Recreation Sector Submits on Health and Safety at Work Amendment Bill

The HSWA aims to manage workplace safety risks across all environments where work takes place, including farms, forests, and other areas that are also commonly used for recreation. However, an unintended consequence is that landowners and land managers who allow public access may be at risk of liability for accidents involving recreational visitors, even when those incidents are unrelated to any work activity.

Issues also arise for outdoor recreation clubs, where current guidance risks treating volunteer-led activities as workplace responsibilities, potentially making clubs legally liable for incidents that occur during purely recreational trips.

As a result, the definition of a “workplace” has become blurred, and some landowners have responded by restricting or closing access to their land. Our submission emphasises that the workplace health and safety system should:

• Ensure landowners and managers are not liable for accidents involving recreational visitors, volunteers, or natural hazards on their land, and that charging access fees does not create liability.

• Ensure that any duties owed to recreational visitors in relation to work activities on the land are minimal, practical, and supported by clear guidance.

• Ensure a clear and principled approach for volunteer-led outdoor recreation clubs, so they are not held liable for purely recreational activities.

While we support the intent of the Bill, we believe further clarification is needed to provide certainty for landowners and enhance access to public land. You can read our full submission here.

This submission was lodged on behalf of the following organisations:

New Zealand Deerstalkers Association Inc, New Zealand Game Animal Council, New Zealand Fish & Game Council, Mountain Bike New Zealand, New Zealand Alpine Club, New Zealand Canyoning Association, New Zealand Speleological Society, Cave Conservation and Access Trust, New Zealand Hang Gliding and Paragliding Association, Te Araroa Trust, Whitewater NZ, Packrafting Association of NZ, New Zealand Outdoor Instructors Association.