Latest / Early Edition with Ryan Bridge / Gwyn Thurlow: Deerstalkers Association Chief Executive on landowners no longer responsible for injuries on their site
Transcript
- 0:00Speaker 1: So the government continues their announcements around health and safety,
- 0:03Speaker 1: and this time they reassured landowners that they will not
- 0:05Speaker 1: be legally responsible for recreational activities they prevent on their
- 0:09Speaker 1: land and their hope is for liability to fall solely
- 0:12Speaker 1: on the business or the individual using the land. And
- 0:15Speaker 1: Gwyn Thurlow is the CEO of the New Zealand dest
- 0:18Speaker 1: Stalkers Association and has got up early. In fact, it
- 0:21Speaker 1: probably isn't early for you, good and you probably get
- 0:23Speaker 1: up at this time all the time.
- 0:23Speaker 2: Hello, yeah, good one. It's about the early rising time
- 0:28Speaker 2: for a good hunter that's keen to get out there
- 0:30Speaker 2: at first light.
- 0:30Speaker 1: Absolutely, I saw yesterday you held this as a return
- 0:33Speaker 1: to personal responsibility, which is something we've abandoned in recent years.
- 0:38Speaker 2: Absolutely, yeah, this is exactly what that is. And we've
- 0:41Speaker 2: had the work Safe action against landowners for accidents not
- 0:47Speaker 2: in their control. Under the two thousand percent Acts sort
- 0:51Speaker 2: of creep into the space of recreation. It was intended
- 0:54Speaker 2: for workers and keeping workers safe, and some of the
- 0:59Speaker 2: government agents season the land owners forestry blocks used it
- 1:03Speaker 2: to exclude recreation and they just didn't want the risk
- 1:06Speaker 2: of having people on their land.
- 1:08Speaker 1: Yeah, denying us mountain biking tracks and all sorts of things.
- 1:12Speaker 1: How much has this liability that existed beforehand halted recreational
- 1:16Speaker 1: activities around New Zealand.
- 1:19Speaker 2: It certainly shutgate. It certainly made landowners and corporate landowners
- 1:25Speaker 2: and particularly hesitant. Some of our big farms and accesslades
- 1:29Speaker 2: are now not just owned by mum and dad farmers
- 1:32Speaker 2: who you knew years ago down the road just you know,
- 1:34Speaker 2: speak to Steve and he'll let you in. It created bureaucracy.
- 1:38Speaker 2: For example, we solved it for our members by taking
- 1:41Speaker 2: out a ten million dollar liability policy to ease the
- 1:45Speaker 2: pain on some of those corporate types letting people through
- 1:49Speaker 2: or on their land. So it certainly had cost implications
- 1:53Speaker 2: paperwork admin and for clubs like hunting clubs or tramping clubs,
- 1:58Speaker 2: it puts a lot of on the organizers of trips
- 2:02Speaker 2: to do paperwork and risk assessments. It's just a bit
- 2:06Speaker 2: like everything. It's turned a lot of things into a
- 2:09Speaker 2: bureaucracy and recreation shouldn't be about.
- 2:11Speaker 1: That, okay. Now do landowners now have absolutely no responsibility?
- 2:17Speaker 1: Because there was arguments in the courts about for curry
- 2:19Speaker 1: White Island, the owners of the land there should have
- 2:21Speaker 1: known perhaps that the volcano could explode and could have
- 2:24Speaker 1: warned people that, you know, my land's a bit dangerous
- 2:26Speaker 1: right now. But do they have absolutely no responsibility.
- 2:29Speaker 2: Now, No, they certainly will have responsibility. They'll have responsibility
- 2:33Speaker 2: for their business activities. So if there a farm of
- 2:37Speaker 2: their farming, is there a forestry companies of forestry workers
- 2:41Speaker 2: and the structures around their business. But if we're just
- 2:44Speaker 2: going out the back blocks to access some fishing or
- 2:48Speaker 2: go to Hiker Mountain, that's a dock block that backs
- 2:52Speaker 2: onto a private land and we're walking through, that's where
- 2:56Speaker 2: they shouldn't be liable. But as always they're going to
- 2:59Speaker 2: have to identify as them do things safely themselves. But
- 3:03Speaker 2: it means that, for example, if I'm taking a group
- 3:06Speaker 2: of people through their land on a walk, that I
- 3:10Speaker 2: will be responsible for that walking activity. It's got nothing
- 3:13Speaker 2: to do with farming or forestry.
- 3:16Speaker 1: It's just recreating, Okay, Gwyn, Happy hunting and thank you
- 3:20Speaker 1: so much for joining us. That is Gwyn Thurlow, who
- 3:22Speaker 1: is the CEO of the New Zealand DS Talkers Association.
- 3:27Speaker 1: For more from early edition with Ryan Bridge, listen live
- 3:30Speaker 1: to news talks it'd be from five am weekdays, or
- 3:33Speaker 1: follow the podcast on iHeartRadio