Outdoor recreation groups call for health and safety law changes to protect public access

In a joint submission to the Ministry of Business, Innovation and Employment (MBIE), twelve leading recreation groups have urged the government to amend health and safety laws to safeguard public access to New Zealand’s outdoors.

The coalition of submitters represents the bulk of New Zealand’s outdoor recreation community, including tramping, climbing, hunting, fishing, mountain biking, caving, and more. The submission was made in response to MBIE’s ongoing review of the country’s work health and safety regulatory system.

“Recreation isn’t a zero-risk activity, and that’s part of its appeal. However, landowners that permit public access to their land shouldn’t need to worry about workplace health and safety laws that were never intended to regulate recreational activities.”

The submission highlights a significant unintended consequence of the Health and Safety at Work Act 2015 (HSWA). Since its implementation, this legislation has created an environment of perceived or actual liability risk for landowners and managers who allow public recreational access. Some have restricted or closed public access to their land out of caution, impacting the ability of many New Zealanders to engage in outdoor activities such as tramping, hunting, fishing, climbing, and mountain biking.  

“We are at real risk of losing a vital part of what makes New Zealand a great place to live,” said Edwin Sheppard, General Manager of the Aotearoa Climbing Access Trust (ACAT). “Recreation isn’t a zero-risk activity, and that’s part of its appeal. However, landowners that permit public access to their land shouldn’t need to worry about workplace health and safety laws that were never intended to regulate recreational activities.” 

The coalition’s submission emphasises that outdoor recreation should remain the responsibility of those participating in it, not of landowners or land managers, and proposes clear legislative changes to eliminate unnecessary liability concerns. The key recommendation is for a clear recreation exclusion, ensuring that landowners and managers have no risk of liability for accidents associated with recreational visitors and activities (including access to natural features) on their land. 

“The issue is perception,” said Mr Sheppard. “Landowners often assume they will be responsible for anything that happens on their property. That’s not the case, but we need a clear statement confirming that recreation is excluded from work-related health and safety laws. That would provide the certainty needed to protect recreational access to private land.” 

The coalition is committed to working with MBIE to refine and implement these changes and looks forward to further engagement with government officials on this matter. 

Co-signatories on the submission 

• Federated Mountain Clubs of New Zealand (FMC) 
• Aotearoa Climbing Access Trust (ACAT) 
• New Zealand Deerstalkers Association Inc (NZDA) 
• New Zealand Game Animal Council (GAC) 
• New Zealand Fish & Game Council (NZFGC) 
• Mountain Bike New Zealand (MTBNZ) 
• New Zealand Alpine Club (NZAC) 
• New Zealand Canyoning Association (NZCA) 
• New Zealand Speleological Society (NZSS) 
• Cave Conservation and Access Trust (CCAT) 
• New Zealand Hang Gliding and Paragliding Association (NZHGPA) 
• Te Araroa Trust 

The member organisations are united in their commitment to preserving New Zealand’s unique outdoor heritage and preserving recreation opportunities for current and future generations.  

Submission authors  

Edwin Sheppard – Admitted Barrister and Solicitor of the High Court, ACAT General Manager 
Allan Brent – Barrister and Solicitor, FMC Vice President  
John Palmer – Barrister, former NZAC President, former ACAT Chairperson