This may include competitive activities unless they are exclusively for professional athletes.Įducational activities are done for the purposes of teaching, training, and learning to improve knowledge and develop skills. Recreational activities are done for enjoyment, generally when the participant isn’t working. Regulation 4(2)(b) excludes activities where equipment or infrastructure is provided but participants are primarily is supervised (including at a distance) with the intent to guide, teach how, or assist the participant.has the operator on hand to provide immediate assistance of any kind in the event of difficulties.requires or is given physical assistance.This element is likely to be met if the participant: ‘Assisted’ means participants are given a level of help that makes the activity possible for them to complete. This includes instructions on how to complete the activity itself. ‘Taught how’ means participants are taught skills or activity management specific to the activity being provided. ‘Guided’ means participants are accompanied, directed, led, advised, trained, controlled, influenced, or supervised. Guided, taught how, or assisted to participate This includes the territorial sea of New Zealand, the internal waters of New Zealand, and all rivers and other inland waters of New Zealand.' This could include any part of a water-based activity that doesn’t occur in a boat or takes place in a boat not covered by a Maritime document. This includes both private-owned and public land.Īn activity that takes place in, on, or around water. included in the price of another activity, good, or service (such as an activity included in an accommodation package).Īn activity that takes place in, on, or around any land in New Zealand.for profit, for charitable or fundraising purposes, or for any other purpose.received directly by the operator or indirectly (such as through a booking agent).made directly or indirectly from participant to operator.The activity can be provided directly by the operator, or indirectly through a worker or any other person. Provided to a participant in return for paymentĪ participant is any person who takes part in an operator’s activity and pays them to provide the activity to them. We interpret each of the key elements as follows: Element the participant is deliberately exposed to dangerous terrain or dangerous waters.failure of the provider’s management systems (such as failure of operational procedures or failure to provide reliable equipment) is likely to result in a serious risk to the participant’s health and safety or.that is designed to deliberately expose a participant to a serious risk to his or her health and safety that must be managed by the provider of the activity and.the main purpose of which is the recreational or educational experience of the participant and.that involves the participant being guided, taught how, or assisted to participate in the activity and. that is provided to a participant in return for payment and.Regulation 4(1)(a) defines ‘adventure activity’ as an activity: How we interpret the elements of ‘adventure activity’ For example, they must ensure that any equipment they provide is fit for purpose and safe for use, and people are aware of the risks associated with using it. This means the operator doesn’t need to seek a safety audit and registration, but as a PCBU they’ll still have duties under the Health and Safety at Work Act 2015.
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