Review of Risk Management and Safety in the Adventure and Outdoor Commercial Sectors in New Zealand 2009/10
Nick Coyle made this Official Information request to Ministry of Business, Innovation & Employment
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From: Nick Coyle
Tēnā koe
In 2009/10 the Department of Labour published a 'Review of Risk Management and Safety in the Adventure and Outdoor Commercial Sectors in New Zealand 2009/10’
The key findings of the review included:
Inherent risk:
There should not be an expectation that all accidents in these sectors can be eliminated. Rather, it should be expected that all practicable efforts are made to minimise the risk of accidents.
Relying solely on the legislation poses problems:
The HSE Act is primarily designed for safety in employment. Customers are covered by the reference to ‘others in the workplace’. There is a wider policy question here about whether this is the best fit for this sector in which the primary focus is the safety of consumers. However, the working group acknowledges that the legislation itself is workable.
Land managers responsibility:
Land managers’ views differ on whether, and to what degree, they have safety assurance responsibilities for operations they authorise on the land they are responsible for. As a consequence, their practice is variable.
“Place of work” is defined as “a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, is working, for the time being works, or customarily works, for gain or reward …”.
The wording of the definition of “a person who controls a place of work” appears broad enough to capture landowners of a place where work is carried out (even if the workplace itself is not owned or managed by the landowner). As the landowner is a person in control of a place of work, they have a number of duties as prescribed under section 16 of the HSE Act, including taking all practicable steps to ensure that no hazard that is or arises in the place harms people in that place. What exactly constitutes practicable steps in a particular case is a matter of fact and degree depending on the circumstances. Clarification about the safety responsibilities of those who manage the land where people participate in commercial activities may be advisable.
Following the report, the Department also published guidance for landowners regarding their responsibilities under the HSE Act.
I would like to request, under the OIA, the following documents:
Any key documents such as memos, reports, opinions, minutes of the steering and/or working group which relate to the three key findings referred to above (Inherent risk, Relying solely on the legislation poses problems, Land managers responsibility).
I would also like to request a copy of the guidance for landowners which was issued in response to the final report and any key documents (briefs, memos, opinions, etc.) which were created in preparing the guidance.
I would be happy to discuss my request if doing so would facilitate a response. Let me know what number to call.
Yours faithfully,
Nick Coyle
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 2324-2074
Dear Nick Coyle
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 21 March 2024 requesting under the Official
Information Act 1982 (the Act), the following:
‘Any key documents such as memos, reports, opinions, minutes of the
steering and/or working group which relate to the three key findings
referred to above (Inherent risk, Relying solely on the legislation poses
problems, Land managers responsibility).
I would also like to request a copy of the guidance for landowners which
was issued in response to the final report and any key documents (briefs,
memos, opinions, etc.) which were created in preparing the guidance.’
We will endeavour to respond to your request as soon as possible, and no
later than 22 April 2024, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe. If you have any enquiries
regarding your request feel free to contact us via email to
[1][MBIE request email].
Ministerial Services Business Advisory
Communications, Design & Ministerial Services
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington, PO Box 1473, Wellington 6140
[2]www.mbie.govt.nz
[3]image
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1. mailto:[MBIE request email]
2. http://www.mbie.govt.nz/
http://www.mbie.govt.nz/
From: HSWRegs
Ministry of Business, Innovation & Employment
Kia ora Nick,
Thank you for your recent email request under the OIA relating to the
Department of Labour’s 2009/10 Adventure Tourism Review. We have
previously tried to contact you about this request and hope this response
will be received ok.
You have requested the following two items relating to the Department of
Labour’s 'Review of Risk Management and Safety in the Adventure and
Outdoor Commercial Sectors in New Zealand 2009/10’:
1. Any key documents such as memos, reports, opinions,
minutes of the steering and/or working group which relate to the three key
findings referred to above (Inherent risk, Relying solely on the
legislation poses problems, Land managers responsibility).
2. I would also like to request a copy of the guidance for
landowners which was issued in response to the final report and any key
documents (briefs, memos, opinions, etc.) which were created in preparing
the guidance.
You have kindly noted you would be happy to discuss the request if doing
so would facilitate a response. We are contacting you for clarification of
your request, as it would necessitate a search through a large quantity of
information and would require a significant extension of several months.
The Department of Labour’s Adventure Tourism Review covered several years
and responding to your request would involve substantial collation and
research to identify any information relating to those three findings
amongst the large scope of key documents you have listed.
Noting this we would like to ask if you would be amenable to rescoping
your request so that we can provide you with more targeted documentation
for the information you are seeking. A rescoped request would be able to
be processed faster, however we may still need an extension to work
through the information depending on the new scope. If rescoped, we can
come back to you with a new date for the release of documents.
We also need to clarify with you the second item requested, where you have
noted that “Following the report, the Department also published guidance
for landowners regarding their responsibilities under the HSE Act.”
We are aware of guidance for landowners that was published by the
Department of Labour following amendments in 1998 to section 16 of the
Health and Safety in Employment Act 1992 relating to the duties of persons
who control places of work. It is this guidance on section 16 of the HSE
Act that was likely updated following the Department’s Adventure Tourism
Review. WorkSafe New Zealand would hold information relating to guidance
published by the Department of Labour. If this is the information you are
seeking, you may wish to make a new request directly to WorkSafe.
More recently WorkSafe has published guidance for landowners and
recreational access under the Health and Safety at Work Act 2015 that you
may already be aware of:
Information for land owners and land managers when adventure activities
are being provided on their land
[1]https://www.worksafe.govt.nz/topic-and-i...
Policy clarification: Recreational access and the Health and Safety at
Work Act (2015)
[2]https://www.worksafe.govt.nz/laws-and-re...
In the wake of the 2009/10 Adventure Tourism Review report, the Department
of Labour also published Health and Safety in Employment (Adventure
Activities) Regulations 2011: Guidance for operators. We can provide you
with a copy of this guidance if you wish.
If you are amenable, could you please respond by email directly to either
[3][email address] or [4][email address] rescoping or clarifying
your request. Alternatively if preferred please contact us directly via a
personal email address to [5][email address] or [6][email address]
providing a contact phone number, and we can contact you directly to
discuss your request.
Ngâ mihi
Health and Safety Policy Team
Ministry of Business, Innovation and Employment
show quoted sections
From: *OIA
Ministry of Business, Innovation & Employment
Kia ora Nick Coyle,
Please find attached a response to your Official Information Act request
of 21 March 2024
If you have any queries regarding your request, feel free to email us at
[1][email address]
Ngā mihi,
Ministerial Services
Ministry of Business, Innovation and Employment
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
[2]http://mbieintranet/assets/MBIE-visual-i...
References
Visible links
1. mailto:[email address]
From: Nick Coyle
Dear *OIA,
Apologies for not responding to your message of 10 April 2024.
I am amenable to rescoping the request.
As noted, the key findings of the review included:
Relying solely on the legislation poses problems:
The HSE Act is primarily designed for safety in employment. Customers are covered by the reference to ‘others in the workplace’. There is a wider policy question here about whether this is the best fit for this sector in which the primary focus is the safety of consumers. However, the working group acknowledges that the legislation itself is workable.
I would like to limit my request to any key memos, reports or opinions (policy or legal) which discussed the 'wider policy question' referred to in the key findings.
If this is still too broad, then could you please suggest an amended scope that MBIE considers would be manageable?
I am happy to discuss on 021 827 365.
Yours sincerely,
Nick Coyle
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: DOIA 2324-2309
Kia ora Nick Coyle,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 23 April 2024 requesting under the Official
Information Act 1982 (the Act), the following:
‘Apologies for not responding to your message of 10 April 2024. I am
amenable to rescoping the request. As noted, the key findings of the
review included: Relying solely on the legislation poses problems: The HSE
Act is primarily designed for safety in employment. Customers are covered
by the reference to ‘others in the workplace’. There is a wider policy
question here about whether this is the best fit for this sector in which
the primary focus is the safety of consumers. However, the working group
acknowledges that the legislation itself is workable. I would like to
limit my request to any key memos, reports or opinions (policy or legal)
which discussed the 'wider policy question' referred to in the key
findings.’
We will endeavour to respond to your request as soon as possible, and no
later than 22 May 2024, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe. If you have any enquiries
regarding your request feel free to contact us via email to
[1][MBIE request email].
Nâku noa, nâ
Ministerial Services Business Advisory
Communications, Design & Ministerial Services
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 | PO Box 1473 Wellington 6140
[2]www.mbie.govt.nz
References
Visible links
1. mailto:[MBIE request email]
2. http://www.mbie.govt.nz/
http://www.mbie.govt.nz/
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