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All adventure activities operators must pass a safety audit and be registered. This guide helps explain what adventure activities are covered by the Adventure Activities Regulations.
An adventure activity is:
- an activity that is paid for
- land-based or water-based
(planes, helicopters, and hot air balloons are not included but, for example, the skiing aspect of heli-skiing is included because it is a land-based activity)
- an activity that involves the participant being guided, taught how, or assisted to participate in the activity
- recreational or educational
- designed to deliberately expose the participant to a serious risk that must be managed by the provider of the activity
(i.e. the activities must have a reasonably high level of inherent risk)
- an activity that, if the provider fails to manage the activity properly, is likely to result in serious risk to the participant
- an activity in which the participant is deliberately exposed to dangerous terrain or dangerous waters.
As can be seen in the summary box, all of the criteria contained in Regulation 4 must be met for an activity to be defined as an ‘adventure activity’.
There is not a single authoritative list as to exactly which activities are covered by the regulations: activities are assessed on a case-by-case basis against the definition provided in the regulations.
Operators need to work through the criteria and decide if the activities they provide are adventure activities. If they are, then the operator must organise a safety audit, pass it and get registered by WorkSafe.
To help in the decision process, this guidance document has sorted a number of activities into three columns. This classification reflects the range and diversity of the activities in the adventure tourism and outdoor commercial sector, and some of the complexities.
Activities nearly certain to be subject to the regulations
These activities are nearly certain to be subject to the regulations. They are at the higher end of the risk spectrum and need the operator to actively manage the safety of participants.
Before endorsing, booking with, or contracting an operator providing these activities, check that the operator is registered with WorkSafe.
If the operator is not listed on the WorkSafe Register of adventure activity operators(external link), ask to see a written opinion addressed to the operator from WorkSafe that the operator is not subject to the regulations.
Activities that might be subject to the regulations under certain circumstances
These activities might be subject to the regulations under certain circumstances. They sit in the middle because sometimes they fit the definition of adventure activities, and sometimes they do not. The decision generally comes down to the level of risk involved in the activity and the terrain or operating area in which the activity is conducted.
As with the activities in the nearly certain to be subject to the regulations column, check that the operator is registered with WorkSafe before endorsing, booking with, or contracting an operator providing these activities. If the operator is not listed on the WorkSafe register, ask to see a written opinion addressed to the operator from WorkSafe that the operator is not subject to the regulations.
If no documentation is available, interested parties can reach their own view about whether the activity appears to be covered by the regulations. The adventure activity operator decision tree and other guidance on this website can help.
Activities nearly certain to NOT be subject to the regulations
These activities are nearly certain to NOT be subject to the regulations. They are considered to be at the lower end of the risk spectrum or they are excluded from the regulations because another legislative requirement covers that activity.
If it was felt that the operator is providing a particularly extreme form of one of these activities, it might be worth checking the WorkSafe Register of adventure activity operators(external link) to see if the operator is registered, or asking to see a written opinion addressed to the operator from WorkSafe that the operator is not subject to the regulations.
For excluded activities, such as white water rafting and skydiving, check whether the other relevant regulatory requirements are met.
|Activities nearly certain to be subject to the regulations||Activities that might be subject to the regulations under certain circumstances||Activities nearly certain to NOT be subject to the regulations|
The information in this publication has no statutory or regulatory effect and is of a guidance nature only. The information should not be relied upon as a substitute for the wording of the Health and Safety at Work (Adventure Activities) Regulations 2016 . While every effort has been made to ensure this information is accurate, WorkSafe New Zealand, Tourism New Zealand and the Tourism Industry Association do not accept any responsibility or liability for error of fact, omission, interpretation or opinion that may be present, nor for the consequences of any decisions based on this information.
For more detailed information
Guidance for PCBUs
Information to help businesses involved with adventures understand and meet their duties relating to the Adventure Activities RegulationsRead more