Adventure & Outdoors
Safety in the adventure and outdoors sector
What's new
About the adventure acitivities regulations
Notification, audit and registration – key dates
Frequently asked questions
TIA's role
Background to the Adventure Tourism Review
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Project Advisory Group
The Adventure Tourism and Outdoor Commercial Implementation Project Advisory Group met in February 2012, its fourth meeting. The PAG, a cluster of outdoors and adventure organisations including the Mountain Safety Council and Skills Active, provides advice on the process for delivering a range of adventure review recommendations.
Adventure & Outdoor Update – Feruary 2012
The February Update will help keep you up-to-date with the new supportadventure.co.nz website, adventure activities regulations, and progress on projects TIA and Outdoors NZ have been asked to implement on behalf of the Department of Conservation.
New website - www.supportadventure.co.nz
The new supportadventure.co.nz website offers adventure tourism and commercial outdoor operators a “one stop shop” for information and advice on running a safe operation.
Content on www.supportadventure.co.nz is based on extensive consultation with the adventure and outdoor sector, including 19 operator workshops attended by more than 300 operators, as well as discussions with a range of individual businesses and organisations. It includes detailed information on the new adventure activities regulations and key dates, how to develop a safety management plan, legislation relevant to the adventure and outdoor sector, links to other useful websites.
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The new adventure and outdoor safety activities regulations (adventure activities regulations) came into force on 1 November 2011. The government released the regulations in mid-October 2011.
With some exemptions, the regulations require adventure tourism and outdoor education operators to undergo a safety audit by a recognised auditor and be recognised. This will ensure operators can't start up, or continue to operate, with inadequate safety systems.
The definition of adventure activity covered by the regulations is an activity:
- that is provided to a participant in return for payment
- that is land-based or water-based
- that involves the participant being guided, taught how, or assisted to participate in the activity, and
- the main purpose of which is the recreational or educational experience of the participant, and
- that it is designed to deliberately expose the participant to a risk of serious harm that must be mainaged by the provider of the activity, and
- in which
- failure of the provider's management systems (such as failure of operational procedures or failuer to provide reliable equipment) is likely to result in serious harm to the participant, or
- the participant is deliberately exposed to dangerous terrain or dangers water
The Department of Labour is preparing a guidance document for operators to provide clarification about what constitutes deliberately exposing participants to a risk of serious harm and what constitutes being guided or taught how to participate. DOL expects to release this document by the end of February 2012. TIA and Outdoors NZ will let you know when it is available.
There will be a three-year transition period in place to ensure all operators are able to become registered and audited. The registration scheme will be run by DOL. DOL will also approve audit providers.
Public consultation
DOL received 73 submissions on the draft adventure activities regulations, which represent a wide range of views within the industry. Click here to read a summary of the submissions.
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1 November 2011 – 30 April 2012
For now, all adventure tourism and outdoor education operators have to do is notify the Department about their operation – this is not the registration process – but a simple notification of your activity or organisation.
This applies to all adventure tourism and outdoor education operators covered by the regulations. The Department of Labour recommends that those operators who are unsure whether their activity or organisation fits into the scope of the regulations also notify the Department of their operation.
Operators have six months from 1 November 2011 to notify DOL online or via fax, post or email. DOL will then be in touch with each operator to let them know whether they need to meet the regulations, or if they do not apply.
1 November – October 2014
If you do need to be registered, you will need to have a safety audit by an approved audit provider. DOL will be advising who these approved auditors are. Most operators will have three years in which to undergo the audit. If you have an existing safety audit, that will be recognised by DOL until it expires or to the end of the three year period (October 2014), whichever comes first.
Click here for more information about the regulations and notification process.
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We recommend you also visit the supportadventure.co.nz website for comprehensive information about the regulations and key dates.
Who needs to be registered and audited?
The regulations require all adventure tourism and outdoor education operators who provide activities that are designed to deliberately expose participants to a risk of serious harm to undergo a safety audit by a recognised auditor and be registered.
The Department of Labour (DOL) is preparing a guidance document for operators to help them understand the regulations. This is due for release by the end of February 2012. In the meantime, DOL advises that all operators, including those who are unsure whether their activity or organisation fits into the scope of the regulations, notify DOL of their operation.
How do I notify the Department of Labour?
Operators have six months from 1 November 2011 to notify DOL of their operation - online or via fax, email or post. DOL will then be in touch with each operator to let them know whether they need to meet the regulations, or if they do not apply.
Operators who are unclear about whether they are affected may choose to wait until DOL's guidance document is released in February 2012 before notifying the department. If still unclear, we advise you notify and allow DOL to decide whether or not you are covered by the regulations.
TIA will bring you more details about the notification process when it is announced by DOL.
How many operators are expected to be covered by the regulations?
DOL says it is aware of about 500 operators who will be covered by the regulations, but says it will get a better indication of the number through the notification process.
How much will audits and registration cost?
DOL says it is not possible to accurately answer this until the safety audit standard has been developed in early 2012 and the registration system has been established.
DOL says it is working hard to ensure that the cost of the safety audits and registration is reasonable. The cost of an audit is likely to depend on the risk level of the activity and the complexity of the business. It’s expected that initial and follow up audits will cover a three-year period.
When will a safety audit need to be in place?
To give operators time to comply with the regulations, a three-year transition period will be in place from November 2011. This means that by November 2014 all operators must be audited and registered. Some higher-risk activity operators may be asked to obtain an audit and be registered before then. More details will be available on this in 2012.
Who will undertake the safety audits?
Audits will be undertaken by safety audit providers recognised by the DOL. Operators who already have safety audits in place, for example because of a Department of Conservation concession, will generally have those audits recognised and will not be required to undergo a further audit until it expires.
Is it possible to be exempted from the regulations?
Yes. The regulations provide for exemptions on a case-by-case basis where DOL is satisfied an operator does not pose a safety risk.
Why do the regulations exclude activities like hang gliding, sky diving and paragliding?
A new Adventure Aviation Rule is coming into effect that will regulate such activities. This will be regulated by the Civil Aviation Authority.
Who do I contact with queries about the regulations?
David Mulholland, DOL Senior Policy Advisor, PO Box 3705, Wellington, email david.mulholland@dol.govt.nz, www.dol.govt.nz
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The government charged TIA and Outdoors New Zealand with implementing five recommendations coming out of the Adventure Tourism Review, working with other sector and government bodies as appropriate. These recommendations need to be implemented before October 2014.
We are working to:
- establish an industry-led entity to strengthen the safety management framework for the adventure tourism sector
- develop an adventure safety guide for the adventure tourism sector (other than for adventure aviation activities, commercial jet boating and rafting) - this has now been achieved, with the launch of the supportadventure.co.nz website in early December 2011
- develop activity specific safety guides - the first three are indoor rock climbing, canyoning and caving
- ensure that better and more consistent information on the adventure tourism sector is collected, and that its collation is improved
- investigate what the appropriate levels and measures of competency are for adventure and outdoor commercial sector instructors and guides
TIA is taking the lead on:
- developing an adventure safety guide for the adventure tourism sector - completed. See the supportadventure.co.nz website
- developing activity specific safety guides
Outdoors NZ is taking the lead on:
- ensuring that better and more consistent information on the adventure tourism sector is collected, and that its collation is improved
- investigating what the appropriate levels and measures of competency are for adventure and outdoor commercial sector instructors and guides
The Department of Labour is taking the lead on:
- the notification and registration process, and approving the auditors
What is TIA doing?
Snapshot
Adventure operator safety guide
Activity specific safety guides
Project Advisory Group
Snapshot
- Monthly Adventure & Outdoor Updates have been distributed since September, keeping operators up-to-date with the regulations, key dates, and progress on TIA and Outdoors NZ projects. The first Update was distributed on 12 September.
- 11 workshops for adventure and commercial outdoor operators were held around the country in November and December 2011 updating them on the regulations, key dates, and TIA and Outdoors NZ projects
- In August 2011, we appointed Rachael Moore as TIA Outdoor Project Leader, a new role dedicated to safety
- A Project Advisory Group formed by TIA and Outdoors NZ met in August, September and November 2011 and February 2012
- In the first half of 2011, TIA and Outdoors NZ ran 19 workshops throughout the country to talk through the review outcomes and proposed actions with operators and get their feedback into the adventure safety guide
- In early March 2011, TIA and Outdoors NZ hosted a meeting for representatives from a range of national organisations (Mountain Safety Council, SPARC, Qualmark, Local Government NZ, NZ Mountain Guides Assn, Civil Aviation Authority, Skills Active and NZ Outdoors Instructors Assn). The purpose of the meeting was to formally introduce a draft work plan for completing the five recommendations we have been charged with coordinating.
- From early 2011, TIA and Outdoors NZ have been holding a series of planning meetings, in part to establish clear lines of communication to operators and other key orgainsations
- TIA is also keeping members and the wider adventure tourism sector up to date with developments and implications for their business through our weekly electronic newsletter T-Mail, emails, sector meetings and other communication channels.
Adventure operator safety guide
The adventure operator safety guide was one of the key actions coming out of the government-led Adventure Tourism Review.
The draft guide was released in early December 2011 by the Department of Labour in the form of the supportadventure.co.nz website for public trial over the summer months. Content includes advice on the adventure activities regulations and how to meet them to legislative requirements, key dates, auditing options and creating safety management plans. It includes contributions from operators around the country.
While supportadventure.co.nz is aimed at new operators, parts will also be useful for more experienced operators over the next several years as everyone comes in line with the adventure activity regulations. It will help operators understand what is expected of them and how to achieve it.
Operators will have several months to trial the guide over the 2011/12 summer months. TIA and Outdoors NZ supported its introduction with regional workshops in early summer and advice on how to give feedback.
The guide will be finalised and released in autumn 2012.
The content included in supportadventure.co.nz is by the industry for the industry. TIA spearheaded its development with content informed by focus groups, workshops held throughout the country in the first half of 2011, and ‘calls outs’. ‘Call outs’ involve talking with around 50 operators who put their hands up at the workshops to say that an aspect of their safety plan worked particularly well and they wanted to share that with the wider sector.
The result of this high level of industry input is a practical, relevant safety tool that will be useful to all operators.
Email TIA Adventure & Outdoor Project Leader Rachael Moore for more information.
Activity safety guidelines
DOL has contracted TIA to provide additional guidance to better inform adventure and outdoor commercial sector operators about their current responsibilities, particularly activity specific guidance.
Working with the sectors, TIA with the support of Outdoors NZ is developing activity safety guides for indoor rock climbing, canyoning and caving. These are due for completion in June and will be the first in a series of sector specific guides.
We are also establishing a process to review existing guidelines, agree how to develop new guidelines, consistent areas of content, and where the guidelines should be hosted. A Project Advisory Group is providing input into how best to do this. Once a draft process is established it will be sent out for sector-wide consultation.
Project Advisory Group
The Adventure Tourism and Outdoor Commercial Implementation Project Advisory Group meets regularly to provide advice on the process for delivering a range of adventure review recommendations. The group, a cluster of outdoor and adventure organisations including the Mountain Safety Council, NZ Outdoors Instructors Assn and Skills Active supplements the guidance TIA and Outdoors NZ receive from their members and other stakeholders.
Email TIA Advocacy Manager Geoff Ensor for more information.
TIA will keep members fully informed and ensure recommendations are worked through in a thoughtful, professional and timely way.
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The new adventure activities regulations follow a government-led 12-month review into safety in the adventure tourism and commercial outdoors sector (the Adventure Tourism Review).
The Adventure Tourism Review uncovered a sector with many strengths, but also highlighted a lack of information to support the Health and Safety in Employment Act.
The underlying principle is that operators want to avoid incidents and accidents. The new adventure activities regulations are an opportunity to strengthen the (national) safety framework which surrounds operators – something that will be positive for operators as well as the tourism industry.
TIA has been an integral part of the review since the start and has now been charged with helping implement actions from the review. We have also been keeping our members and the wider sector involved every step of the way.
From day one we pushed the following principles to keep review thinking on track:
- every operator wants to avoid accidents and incidents
- the primary responsibility for safety and quality lies with the operator
- operators with well embedded safety systems shouldn’t face significant additional requirements and costs
- a national support structure should be comprehensive and weighted towards providing support, guidance and tools
- innovation should still be enabled
- the review represented an opportunity to be better than before
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