Auckland Grammar School Rockwall has been closed since the Health and Safety at Work Act came into force in 2015 says Aotearoa Climbing Access Trust. Photo:
- Outdoor groups say private landowners are closing off access to treasured recreational areas for fear of being held liable when accidents occur
- They say ambiguities in the Health and Safety at Work Act 2015 have seen a erosion of access, as landowners protect themselves from culpability A coalition of 12 outdoor associations says recreational activities should be clearly separated from workplace health and safety legislation
- Rock climbers have been working to re-open access to Auckland Grammar School Rockwall after the school adopted a zero-risk policy when the legislation came into affect in 2015
Rock climbers have been working to reopen access to Auckland Grammar School Rockwall after the school adopted a zero-risk policy when the legislation came into affect in 2015
A coalition of outdoor recreation groups says some landowners are closing off access to private land for fear of being held liable when activities go wrong.
Twelve tramping, climbing, hunting, fishing, mountain biking and caving associations are calling for recreational activities to be formally excluded from the Health and Safety Act 2015. (The full list is at the end of this story.)
Their submission on the Ministry of Business, Innovation and Employment's (MBIE) ongoing review of the country's work health and safety regulatory system urged the government to amend the legislation to safeguard public access to the outdoors.
A widespread erosion of public access for recreation
Edwin Sheppard of the Aotearoa Climbing Access Trust said there had been a "widespread erosion" of public access to private land because there was ambiguity in the current legislation as to whether landowners could be held liable in the event of a mishap.
"We have a very unique outdoor heritage in New Zealand and we're very lucky to have this incredible natural backyard," he said.
"But the reality is that a lot of the incredible places that trampers, hunters and climbers and these other recreationists like to go are actually on private land and we rely on the goodwill of owners to be able to go there.
"We're seeing these increasing liability concerns from landowners start to have an impact around the country."
Sheppard said when the Health and Safety at Work Act came into effect in 2015 it widened the definition of duty holders from employers or business owners to "Persons in Charge of a Business and Undertaking" (PCBU) and, in doing so, introduced a level of uncertainty that could see landowners prosecuted under the Act.
"What we want is a really clear statement in the law that says yes, a landowner can be a PCBU but be that as it may, recreation is not a concern here, and it's outside of the scope of the act," Sheppard said.
Climbers blocked from seminal Auckland climbing spot since legislation came into effect
Sheppard's organisation had been working to negotiate access to the Auckland Grammar School Rockwall - also known as the Mt Eden Quarry - which has been closed off for the last seven years.
The site had seen the development of the country's climbing scene in the 1970s and 80s, and early ascents became the benchmark in Australasia for some of the most difficult routes climbed at the time, Sheppard said.
The school had elected to take a zero-risk response to liability in the area, Sheppard said.
"That's been closed basically since the Health and Safety at Work Act came into force in 2015. Directly and exclusively as a result of liability concerns held by Auckland Grammar School.
"It's the very small ambiguities in the law, as it stands, that leave open this theoretical possibility of liability on the part of the landowner - even though that's clearly not what the law intended to achieve - which concerned the school. They've made it clear that they don't want to reopen access until there's no doubt that the law doesn't pose any risk to them," he said.
Workplace Relations and Safety Minister says New Zealanders "rightly frustrated with aspects of the health and safety system"
Minister for Workplace Relations and Safety Brooke van Velden said in a statement no decisions had been made, as submissions closed last week and were still being considered.
She said she could see health and safety consultation had "struck a chord with so many Kiwis from different walks of life".
"I've heard that we all share the same goal: all workers deserve to come home safe at the end of each and every work day. I've also heard that New Zealanders are rightly frustrated with aspects of the health and safety system, and it's having a real impact on people's abilities to get on and do their jobs while taking necessary precautions that actually keep people safe.
"I am thankful for the number of businesses, individuals, various groups, workers and employers who have made submissions to see change in the regulations. I can see there is a lot of work to do, and I will be making announcements in the new year."
The groups that make up the coalition are: Federated Mountain Clubs of New Zealand, Aotearoa Climbing Access Trust, 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, and Te Araroa Trust.
Auckland Grammar School has also been approached for comment.
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