NB: both TIA and Outdoors NZ discussed points raised in this document with DOL in January.
CONCERNS
Overall operators concerns fell into four key themes:
- Confusion around the regulations
- Concerns about the costs associated with audits
- Lack of surety around audit provision and criteria
- Concerns around enforcement of the regulations
Some specific examples include:
- Concern about paying numerous agencies for similar types of assurance. The perceived additional cost of regulated audits is of concern.
- There is considerable confusion around the definition of Adventure Activity in the regulations this leads to operators being unclear about whether they should notify or not.
- People expressed frustration with the coverage of the regulations. Of particular concern was the exclusion of schools, rental operators and indoor climbing walls. Many feel that the limited coverage compromises the improvements to safety across the sector.
- People want to be assured that the regulations will be enforced and that any operators who are below standard will not continue to fall through the gaps.
- People want information about the style and process of the audits (paper based versus site visits, who they are done by, how they are applied).There was also discussion around the length of the audit cycle.
Operators have asked for clarity within the regulation guidelines around the following:
- Rental equipment – many feel it is illogical to exclude hiring equipment when the goal is to improve safety.
- The definition of instruction and guiding (this links to the rental equipment question).
- The definition of “deliberate”
- The position of individual contractors – especially when they are offering activities that fall under the regulations for schools
- The position of operators who employ external contractors to provide training for their staff to extend skills and experience.
- How the regulations will be enforced?
- Activities that have been specifically and commonly asked about include:
- Horse trekking
- Luge
- Ski rental on ski fields (they may hire gear, have a lesson and then independently go outside the ski area boundary)
- Other activities – like mountaineering, within the ski area boundary.
- Snow Hosts (volunteers but they get a free seasons pass for their services) take customers on ski area tours that may include areas outside the ski area boundary.
- Inflatable kayaks
- Rental of fixtures and equipment– e.g. climbing walls / flying foxes
SUGGESTIONS
Ideas and possible solutions put forward by workshop attendees:
- Regulatory bodies and audit providers (including ACC) to streamline their process, avoid duplication and merge processes to simplify the paper work and reduce the compliance fees to the operator.
- DOL provide enforcement of regulations byuseof mystery shoppers who visit non-registered adventure activity organisations to check they are not offering regulated activities.
- Provide more information to the public via the media and other public forums about NZ safety systems and different audit standards so that they are in the best position to make an informed choice. This may include involving tourist publications like Lonely Planet etc.
- Have “revalidation” audits that are shorter in time and therefore cheaper – e.g. subsequent audits only look at modifications/changes to an operation.
- Have an audit cycle that rewards great performance – those who are exemplary get longer between audits. Those who only just meet requirements need to be audited more regularly.
- There was strong support for engagement of technical sector specialists as auditors.
- Different operational areas could be audited with different time frames. For example safety component and activities could be done yearly – but quality component may only need to happen every three years.
- Have mentors who can provide on going feedback and moderation (similar to the rafting liaison role in Maritime NZ)
- Have people from within the sector who are willing to assist to proof draft audit documentation (peer support) to ensure they are complete before the audit, helping minimise time and costs.
- Ensure audit providers are working together to create solutions for the sector
- Ensure audit providers have a disputes process that involves the DOL so that operators are clear on the steps they need to take, and who they need to take these with if they have a complaint.
Please direct any inquiries regarding this report to: projects@outdoorsnz.org.nz