United Future Policy Statement

Recreational Risk Management

Introduction

United Future and Outdoor Recreation New Zealand believe that Occupational Health and Safety regulations are not always compatible with outdoor recreation pursuits. The key to the problem lies in the fact that these types of regulations are literally designed for 'occupational' (i.e. employment related) activities and not 'recreational' activities. Whereas occupational activities should of course be made as safe as possible, recreational pursuits carry an inherent degree of risk that is (or should be) accepted by most participants.

We intend to ensure that New Zealanders at play in the outdoors should not be burdened unnecessarily by inappropriate legislation. New Zealand's legislation as it applies to outdoor recreation activities should be amended so it takes a risk management approach rather than an (impossible) risk elimination approach.

United Future and Outdoor Recreation NZ will:

• Amend OSH and related regulations to take into account the fact that there is an inherent risk in outdoor activities - and that this forms part of their very appeal;
• Clarify the law relating to the liability of event organisers;
• Legislate to enable outdoor recreation event participants to sign a binding organiser's liability waiver to take effect in the event that something not easily foreseeable goes wrong;
• Generally work to ensure that schools, sporting organisations and individuals are free to organise and participate in outdoor events without fear of legal reprisal if something not easily foreseen goes wrong;
• Ensure that Access rules are clarified (see separate policy) in conjunction with OSH related regulations to ensure that liability concerns cannot be used as an excuse for landowners to refuse access to their land for outdoor recreation events and activities;
• Add an outdoor education component to the school curriculum that encompasses reasonable care and safety in New Zealand's outdoor environment;
• Form an independent statutory body with responsibility for the promotion, support and safety of outdoor recreation for the New Zealand public.

Background.

Interaction with the outdoors is an intrinsic part of many New Zealander's lifestyles and deserves to be recognised as such by the law. Outdoor recreation is not a privilege to be doled out to those who can navigate the increasingly complex and politically correct legal minefield - rather, it is a birthright. However, at present many outdoor events are being put under pressure or cancelled by the increasing application of OSH regulations that were originally designed, quite appropriately, for commercial and industrial environments.

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United Future Parliamentary Office: Bowen House, Lambton Quay, Wellington
Email: Phone: (04) 471 9890