Legislation, Standards and Codes of Practice

The following list of legislation, standards and codes of practice is intended to help outdoors organisations understand their obligations and responsibilities. It is not comprehensive.

Please contact us if you believe an addition could be made.

The first hyperlink takes you to some information about the piece of legislation or standard; the second hyperlink takes you to the actual material or more information.

Health and Safety

Health and Safety in Employment Act 1992

Health and Safety in Employment (Adventure Activities) Regulations 2011

Safety Audit Standard for Adventure Activities 2013

AS/NZS 4801:2001  Occupational Health and Safety Management Systems - specification with guidance for use

AS/NZS 4804:2001  Occupational Health and Safety Management Systems - general guidelines on principles, systems and supporting techniques

ISO 31000  Risk Management

 

Crime

Crimes Act 1961

 

Land

Land Transport Act 1998

Factsheet 42: P endorsements for carrying passengers

Factsheet 15: Passenger service vehicles

 

Water

Maritime Transport Act 1994

Kayaking and Canoeing Safety Strategy 2009-2014

Safety Guidelines: Paddle craft rental activities - lakes, flat-water rivers and sheltered coastal areas

Safety Guidelines: Commercial Kayaking and Canoeing Operations

 

Other

Department of Conservation - concessionaire safety plans

 

Health and Safety in Employment Act 1992

  • The object of the Health and Safety in Employment Act 1992 is to promote the prevention of harm to all people at work, and others in, or in the vicinity of, places of work.
  • The Act applies to all New Zealand workplaces and places duties on employers, the self-employed, employees, principals and others who are in a position to manage or control hazards.
  • The emphasis of the Act is on the systematic management of health and safety at work. It requires employers and others to maintain safe working environments and implement sound practice. It recognises that successful health and safety management is best achieved through good faith co-operation in the place of work and, in particular, through the input of those doing the work.

Health and Safety in Employment (Adventure Activities) Regulations 2011

  • These regulations require all adventure tourism and outdoor education operators who provide activities that are designed to deliberately expose participants to a risk of serious harm to undergo a safety audit by a recognised auditor and be registered. This will ensure operators can’t start up, or continue to operate, with inadequate safety systems.
  • The regulations do not apply to organisations that don’t charge fees – such as schools or voluntary clubs, nor do they apply to operators who provide activities that are not taught or guided.

AS/NZS  4801:2001

Occupational Health and Safety Management Systems - Specification with guidance for use

  • The objective of this standard is to set auditable criteria for an occupational health and safety management system. The standard is a specification that aims to encompass the best elements of such systems already widely used in Australia and New Zealand. It includes guidance on how those criteria may be achieved. The standard should not be relied upon to ensure compliance with all legal and other obligations.

AS/NZS  4804:2001

Occupational Health and Safety Management Systems - General guidelines on principles, systems and supporting techniques 

  • The objective of this standard is to provide guidance on how an occupational health and safety management system (OHSMS) may be set up; how it can be continually improved; and what resources may be used to do this.

ISO  31000

Risk Management

  • Provides a generic guide for managing risk. This standard may be applied to a very wide range of activities, decisions or operations of any public, private or community enterprise, group or individual.



Crimes Act 1961

  • All crimes are set out in this Act, although those involving drugs are detailed in the Misuse of Drugs Act 1995.
  • Sections 155 and 156 are of particular note. They impose duties on persons doing dangerous acts and on persons in charge of dangerous things. There is a responsibility to use reasonable knowledge, skill and care, to provide others with the necessaries of life, including food, clothing, and medical treatment, and to use all reasonable care to avoid danger to human life.

 

Land Transport Act 1998

  • Promotes safe road user behaviour and vehicle safety. Includes information on driving and alcohol/drug limits, emergency rules, driver licensing and offences, disqualification and demerit points.
  • Of interest to some outdoor organisations is the information on passenger service licensing.

Factsheet 42: P endorsements for carrying passengers

  • This factsheet advises when you need to have a passenger endorsement on your driver licence (eg when driving a bus or taxi) and provides information on how to get one.

Factsheet 15: Passenger service vehicles

  • This factsheet explains the types of passenger service vehicles.

 

Maritime Transport Act 1994

  • Deals with the Maritime Safety Authority of New Zealand, protects the marine environment, includes general requirements for participants in maritime system, duties in relating to crews, accidents, and regulation of maritime activity.

Kayaking and Canoeing Safety Strategy 2009-2014

  • This strategy sets out priority areas for Maritime New Zealand (MNZ) safety initiatives in the area of kayaking and canoeing over the next 3 to 5 years.
  • It is a high level document and as such makes no attempt to prescribe or provide a blueprint for any particular initiative. Rather, the strategy is there to provide a sense of overall direction and a “framework” for developing initiatives by providing a reference point grounding specific programmes to the best current assessment of the key problems and opportunities. 

Safety Guidelines: Paddle craft rental activities - lakes, flat-water rivers and sheltered coastal areas

  • These safety guidelines are for commercial operators who hire or provide paddle craft and equipment for public use that is not directly supervised on the water by a guide or instructor. The free use of canoes or kayaks as part of an accommodation incentive is also covered by these guidelines.
  • The guidelines provide advice on commercial paddle craft rental activities, including legal requirements and good safety practice. Maritime New Zealand (MNZ) expects that the guidelines will be followed by businesses involved in rental operations.

Safety Guidelines: Commercial Kayaking and Canoeing Operations

  • These safety guidelines provide advice on commercial kayaking and canoeing operations, including legal requirements and good safety practice.
  • “Commercial kayaking and canoeing” refers to all paddle craft used in any commercial application, for example hiring kayaks to the public, guided tours, instruction and vocational training. The types of craft are diverse and include white water kayaks, sea kayaks, sit-on-top kayaks, multisport kayaks, canoes, inflatable kayaks and inflatable canoes.
  • The guidelines are aimed particularly at new entrants or aspiring operators. However, for established operators they offer a reminder of their legal obligations and Maritime New Zealand (MNZ) expectations regarding safety practices. 

 

Department of Conservation - concessionaire safety plans

  • Concessionaires must have an independently audited safety plan as part of the concession approval process.