This note is not part of the regulations, but is intended to indicate their general effect.
The primary effect of these regulations is to make it an offence for an adventure activity operator to provide or offer to provide an adventure activity to a participant unless the operator is registered to provide the activity or holds an exemption granted under the Act from the requirement to be registered (see regulation 8).
Part 1 (regulations 3 to 5) contains preliminary provisions that define key terms used in the regulations, including the terms adventure activity operator, provide, and adventure activity (including stating what is and is not an adventure activity). Schedule 2 lists examples of adventure activities.
Regulations 6 and 7 set out the process for becoming registered as an adventure activity operator. The process includes the requirement that the operator obtain and pass 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. An audit may allow the operator to be registered for up to 3 years before another audit is required.
Regulation 8 makes it an offence for an adventure activity operator to provide or offer to provide an adventure activity to a participant unless the operator is registered to provide the activity or holds an exemption from the requirement to be registered granted by WorkSafe New Zealand (WorkSafe) under section 220 of the Act.
Regulations 9 to 12 set out the requirements for becoming recognised as a safety auditor by WorkSafe. 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 of adventure activities with views on certain matters.
Regulations 13 to 18 provide that WorkSafe may recognise a person or an organisation as the Registrar of adventure activities and specify the functions and powers of the Registrar, which include keeping and maintaining a register of adventure activity operators and suspending or cancelling the registration of operators in appropriate situations.
Regulation 19 imposes a duty on WorkSafe to develop and publish safety audit standards that specify standards or requirements that an adventure activity operator must comply with when providing adventure activities. Different safety audit standards may apply to different types of activities.
Schedule 1 contains transitional, savings, and related provisions arising from the replacement of the 2011 regulations by these regulations and, among other things, has the effect of continuing the registration of adventure activity operators and the recognition of safety auditors and the Registrar of adventure activities under the 2011 regulations as if they were registered or recognised under these regulations.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 21 September 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 18 February 2016.
These regulations are administered by the Ministry of Business, Innovation, and Employment.