MP Brooke van Velden is moving to reassure landowners that they won’t be responsible for recreational activities they permit on their land. Video / Mark Mitchell
The Government is moving to reassure landowners that they won’t be responsible for recreational activities they permit on their land, which has previously led to prosecutions under health and safety law following an accident.
It’s part of a suite of health and safety reforms that Workplace Relations MinisterBrooke van Velden is announcing this week.
“We all know that recreational activities aren’t without some risk, and sometimes it’s the risk that makes it fun. I want Kiwis to be able to hunt, fish, hike, climb, mountain bike, kayak and so much more without being caught up in health and safety red tape,” van Velden said.
“Landowners will not be responsible if someone is injured on their land while doing recreational activities. Health and safety responsibilities will lie squarely on the organisation running the activities.”
Workplace Relations and Safety Minister Brooke van Velden. Photo / Mark Mitchell
It follows the Whakaari - White Island eruption in 2019, which claimed 22 lives and injured 25 others. Several walking tour companies pleaded guilty in the aftermath for failing to comply with health and safety laws, but a district court also found the landowners guilty.
Whakaari Management - the company that granted access to the island for a fee - was fined $1 million and ordered to pay $4.8m in reparations to all victims and their families.
The decision had a chilling effect on recreational users who use private land with the landowner’s permission, including climbers, hunters, bikers and fishers. The fear was that landowners would close all access due to the potential of facing prosecution if an accident happened on their land.
In February, however, the High Court quashed Whakaari Management’s conviction, saying it had had no obligation to obtain a risk assessment in permitting walking tours on the island.
The court said it was the walking tour operators who were obliged to undertake such assessments, and merely providing access to land did not make landowners responsible for managing the risks associated with recreational activities, or make them liable for any accidents. This was the case even when the landowner charged an access fee.
The decision was hailed as a game-changer among recreational user groups.
It’s unclear whether the changes van Velden is proposing goes beyond what the court decision said, or merely clarifies it.
She said landowners, who could still decide whether to allow access to their land, shouldn’t be responsible for recreational activities on their land.
“For example, a farmer might worry they are responsible for the risks of a horse trekking business on their land. I am making it clear in the law that in this case the health and safety duties sit with the horse trekking business.
“The farmer would only need to consider the risks from their work where that work is happening in the immediate vicinity of the horse trekking. They are not responsible for risks of the recreational activity itself.”
This change to health and safety laws will be introduced soon and is expected to be passed by early 2026, she said.
On Monday, van Velden also announced changes that would reduce the number of health and safety regulations small, low-risk businesses would be required to meet. These businesses would need to manage only critical health and safety risks after the reforms.
Prime Minister Christopher Luxon and Workplace Relations and Safety Minister Brooke van Velden during a post-Cabinet press conference. Photo / Mark Mitchell
“For example, a small clothing shop would still need to provide first aid, emergency plans, and basic facilities, such as suitable lighting, but wouldn’t need to have a psychosocial harm policy in place.”
Prime Minister Christopher Luxon and van Velden announced the changes at the post-Cabinet press conference on Monday.
“You can drive around this country at different times of the day and you’ve got whole roads shut down, no one is doing any work and the cones are frankly just clogging up the joint,” Luxon said.
