|Name:||Health and Safety in Employment (Adventure Activities) Regulations 2011 (2011/367).|
|Subject(s):||Protection in certain sectors of economic activity|
|Type of legislation:||Regulation, Decree, Ordinance|
|Entry into force:|
|Bibliography:||Statutes of New Zealand Parliamentary Counsel Office, Government of New Zealand PDF (consulted on 2012-09-20)
|Abstract/Citation:||These regulations are the Health and Safety in Employment (Adventure Activities) Regulations 2011. The regulations make it an offence for an adventure activity operator to provide an adventure activity to a participant unless the operator is registered to provide the activity. The offence provision applies to an operator only on and from 1 November 2014, or an earlier date if the Secretary of the Department of Labour (the Secretary) gives a written notice requiring the operator to become registered before then.
An activity must meet certain requirements to qualify as an adventure activity. However, some activities are excluded outright. The regulations set out the process for becoming registered as an adventure activity operator. The process includes the requirement that the operator obtains and passes a safety audit from a recognised safety auditor. An operator is audited for compliance with the 1 or more safety audit standards that apply to the activities provided by the operator. The Secretary develops and publishes the standards. An audit may allow the operator to be registered for up to 3 years before another audit is required. A fee is payable for each year of registration.
Adventure activity operators who provide adventure activities on or before 31 December 2013 must provide certain information to the Secretary. Evidence of certain safety audits may be included and may preclude the Secretary from giving a written notice requiring the operator to become registered before 1 November 2014. The regulations set out the requirements for becoming recognised as a safety auditor by the Secretary. A safety auditor's functions include providing safety audits to adventure activity operators, monitoring compliance with the conditions of safety audit certificates, and providing
the registrar with views on certain matters.
The regulations also set out the requirements for becoming recognised as the registrar by the Secretary. The registrar's functions include keeping and maintaining a public register of adventure activity operators and suspending or cancelling the registration of operators
in appropriate situations.
The Secretary may grant an exemption to 1 or more adventure activity operators from the requirement to be registered when providing an adventure activity to a participant. An exemption may be cancelled.