Outdoor recreation groups are worried health and safety rules have hampered New Zealanders accessing the great outdoors.
The Government recently asked for feedback on the legislation — with some who want clarity on who is liable when people are, for example, tramping, hunting or climbing on private land.
Aotearoa Climbing Access Trust general manager Edwin Sheppard told 1News the current law is “vague”.
“The law is designed to regulate work and work-related accidents. It’s not supposed to cover recreation,” Sheppard said.
He believed it was time to clear up the rules.
“The law lacks clarity and that has created this widespread perception that landowners who permit visitors to come onto their property might face some liability risk if somebody has an accident.”
The Health and Safety at Work Act was updated nearly a decade ago, but recreational groups say some landowners have restricted or closed access out of caution.
Sheppard said the problem was “leading to a widespread erosion of public access over private land … and taking away opportunities for members of the public to access our beautiful New Zealand backyard.”
Twelve outdoor recreation groups have provided a joint submission to the Ministry of Business, Innovation and Employment (MBIE) on the matter.
The groups include the likes of the Federated Mountain Clubs of New Zealand, New Zealand Deerstalkers Association Inc, New Zealand Fish & Game Council, Cave Conservation and Access Trust, and Te Araroa Trust.
But Federated Farmers has also made its own submission.
Spokesperson David Birkett told 1News: “A lot of farmers are scared that if they don’t get it right then they will be held liable and then that’s causing the access to be restricted.”
“The recreational [activities are] really important. It’s a win-win for both parties, but there is confusion around where responsibility lies,” he said.
It is a confusion Birkett believes needs to be crystal clear so all landowners and users know exactly where they stand.
“Our position is that the farmers role is to identify the hazards on the property but beyond that it’s very difficult for them to manage what the people do beyond that, so there’s a level of self-responsibility.”
MBIE said in a statement: “The public consultation on New Zealand’s work health and safety laws and regulations ended on 31 October. MBIE heard from businesses, workers and others with an interest in health and safety about how they are finding the current system and what they think could be improved.
“Feedback from the public consultation will shape the reform and provide a focus on the most effective areas for change.
“MBIE is now reviewing all feedback and will provide advice to the Minister of Workplace Relations and Safety on any improvements that could be made to the work health and safety system.”