Government commits to health and safety law reform in win for outdoor recreation access
After a dedicated advocacy effort by an ACAT-led coalition of organisations, the outdoor recreation community is celebrating a significant win with the government’s announcement of plans to reform NZ’s primary workplace health and safety law.
After a dedicated advocacy effort by an ACAT-led coalition of organisations, the outdoor recreation community is celebrating a significant win with the government’s announcement of plans to reform NZ’s primary workplace health and safety law.
Reform of the Health and Safety at Work Act 2015 (HSWA) will address liability concerns that have discouraged landowners and managers from allowing public access to their land for recreational activities. The changes are expected to improve access for outdoor pursuits such as climbing, tramping, hunting, fishing, and mountain biking.
AGS Rockwall / Mt Eden Quarry in Auckland was closed in 2017 due to Auckland Grammar School’s concerns about potential liability under HSWA. This historic and popular urban crag remains closed despite ongoing efforts by the climbing community. Photo: John Pitcairn.
Advocacy work pays off
In 2024, ACAT, with support from the Federated Mountain Clubs and the New Zealand Alpine Club, brought together a coalition of 12 recreation organisations that collectively represent hundreds of thousands of New Zealanders. The coalition urged the government to amend the health and safety laws that have been inadvertently creating barriers to public access to New Zealand’s outdoor spaces.
Since the HSWA was introduced in 2015, many landowners have closed off access due to fears of legal liability if accidents occurred during recreational activities on their property. The coalition’s advocacy captured the public imagination and was covered by several media outlets.
“Our advocacy has been about ensuring that all of us can continue to access and enjoy the incredible natural spaces New Zealand has to offer. It’s a victory for the entire outdoor recreation community.”
What the reform means
The proposed changes clarify that landowners will not be held liable for injuries or accidents that occur during recreational pursuits on their land. Instead, responsibility for health and safety will lie exclusively with the individuals participating in the activities or commercial operators running the activities. This reform will apply to both public and private land, including farms, forestry land, conservation land, reserves, and school grounds.
This clarity is expected to encourage more landowners to provide public access to their properties without fear of legal repercussions, ensuring that New Zealand’s outdoor spaces will remain open and accessible for generations to come.
“This is a huge step forward for outdoor recreation in Aotearoa,” said Edwin Sheppard, ACAT’s General Manager. “For the past decade, the possibility of legal liability, although slight, has made it harder for landowners to open their properties to outdoor enthusiasts. We have spent years working to resolve these issues through government advocacy and even legal action.”
Legal precedent supports change
In parallel to the coalition’s advocacy work, in 2024 ACAT successfully intervened in the Whakaari Management Ltd v WorkSafe NZ appeal case, to address its implications for recreational access on behalf of the outdoor recreation community. The High Court agreed with ACAT’s submissions, finding that merely providing access to their land does not make landowners responsible for managing the risks associated with recreational activities or make them liable for any accidents.
The Whakaari decision set a significant precedent that provides landowners with immediate relief from liability concerns, and today’s announcement provides further confidence for landowners and the outdoor recreation community into the future.
Success for outdoor enthusiasts
Outdoor recreation is deeply woven into New Zealand’s identity, with thousands of Kiwis enjoying activities like climbing, hiking, and fishing every year. The reform is a victory not just for climbers but for all who cherish Aotearoa’s natural landscapes.
“For many Kiwis, outdoor recreation is not just a hobby, it’s a way of life,” said Mr Sheppard. “Our advocacy has been about ensuring that all of us can continue to access and enjoy the incredible natural spaces New Zealand has to offer. It’s a victory for the entire outdoor recreation community, and we’re proud to have worked together to make this happen.”
Acknowledgement and next steps
ACAT is grateful to the government for listening and making this commitment to meaningful change. The organisations that have pushed for this change are committed to working with the government, landowners and other stakeholders to ensure that Aotearoa’s outdoor recreation areas remain accessible and without misplaced risks or liabilities for generations to come.
ACAT remains committed to promoting responsible recreation practices and will continue to educate outdoor users about personal responsibility and risk management, ensuring safe and respectful use of our shared spaces.