Q&A FOR OPERATORS

What do the regulations mean for adventure tourism and outdoor education operators?

They 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. This will ensure operators can’t start up, or continue to operate, with inadequate safety systems.

The Department 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. We expect this to be released by February 2012.

The regulations do not apply to organisations that don’t charge fees – such as schools or voluntary clubs, nor do they apply to operators who provide activities that are not taught or guided.

Why has the government implemented them?

The aim of the audits and registration is to ensure operators of high-risk commercial adventure tourism and outdoor education activities with inadequate safety systems cannot operate – the scheme will take three years to be fully implemented and in that time the Department will be asking the most high-risk operators to ensure they are audited and registered first.

The majority of adventure tourism and outdoor education operators in New Zealand already maintain strong safety measures and this scheme will be beneficial to them as they will be able to promote this fact.

How many operators are expected to be covered by the regulations?

The Department is aware of roughly 500 operators that will be captured by the regulations but will get a better indication of the number through the notification process.

What other options did the Government consider in its final considerations?

The Government took time to carefully consider the regulations, following public submissions – this meant looking at the options of the government regulating or industry self-regulating. The regulations strike the right balance between ensuring operators can remain viable while addressing safety concerns identified in the Adventure Tourism Review.

How do operators know if they have to meet the regulations – what is ‘designed to deliberately expose participants to risk of serious harm that must be managed by the provider’?

The Department of Labour will be issuing a guidance document which will provide examples and advice about this to help operators identify whether they are affected by the regulations.

From 1 November 2011 we are asking operators who know they are affected to notify the Department of their operation. You can do this on our website, or via fax. Operators who are currently unclear about whether they are affected may choose to wait until the guidance document is released in early 2012 before notifying the Department. The deadline for notification is 30 April 2012, following which the Department will be in touch to confirm those operators who are included.

How many submissions were received on the draft regulations?

73 responses were received. A summary of these responses is available.

How much will audits and registration cost?

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.  However, the Department of Labour 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 and more detail will be available on this in 2012.

Who will undertake the safety audits?

Audits will be undertaken by safety audit providers recognised by the Department. 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 the Department is satisfied an operator does not pose a safety risk.

Why do the regulations exclude activities like hang gliding, sky diving and paragliding?

This is because there is a new Adventure Aviation Rule (Part 115) coming into effect that will regulate such activities. This will be regulated by the Civil Aviation Authority.

What are the major changes between the draft regulations released for consultation in July 2011 and the final version?

The final regulations cover activities that are designed to deliberately expose participants to risk of serious harm that must be managed by the provider - a narrower, tighter definition. The definition of adventure activity in the regulations will also capture the higher risk end of some activities that are not in the illustrative schedule, for example, high altitude trekking such as through the Copeland Pass on Mt Aoraki. 

As the regulations cover fewer adventure activities and operators than the draft regulations proposed, accrediting the safety auditors will no longer occur.  Instead, the regulations provide the Secretary of Labour with the authority to recognise safety audit providers from which safety audits may be obtained.

The regulations have also been amended so that the Department can recognise external safety audits passed before 31 December 2012.  This is an extension to the original timeframes to ensure that operators continue to obtain safety audits from auditors who are considered reputable during the period those auditors are being recognised by the Secretary of Labour.  It will also ensure that operators who need to obtain safety audits to get DOC concessions during this time will not be required to obtain a second safety audit while their current audit certificate remains valid.

The period during which operators must notify the Department of certain information about their businesses has also been extended to six months. 

The regulations now allow operators to seek an exemption from the Secretary of Labour from the registration and safety audit requirements where their activities, although they meet the definition, have other characteristics that mitigate the significance of the risk inherent in the activity.