Getting access to paper roads and private land | Adventure Riding NZ

Getting access to paper roads and private land

Worksafe Guide for FarmersNew Zealand has an abundance of paper roads and great tracks that cross private farmland, bush and forest land, however a lot of land owners won’t allow access due to a lack of understanding around their obligations and risk of being prosecuted if you have an accident or injury while on their property.

The NZ Government, via their Worksafe New Zealand department provides a guide for farmers and land owners about what their responsibilities are for visitors on their land. This guide can be downloaded from the WorkSafe NZ site here: http://www.business.govt.nz/worksafe/information-guidance/all-guidance-items/farmers-managing-health-and-safety-a-guide-for-farmers.

The relevent section of the brochure is Section 5.2, starting on page 20. This information was last updated 24/06/2014.

5.2 RECREATIONAL VISITORS TO FARMS, PRIVATE OR PUBLIC LAND
The Act (Health and Safety in Employment Act 1992), mainly applies to people at work. However, in some cases, section 16 of the Act places some responsibility on people in control of the workplace to take all practicable steps to make sure others in the workplace are not harmed.

DUTIES

Under the Act people visiting the farm for a workplace-connected reason are covered. Simply, a farmer has a duty under the Act to warn authorised visitors of any work-related, out-of-the-ordinary hazards that may cause them serious harm.
A farmer is not required to warn visitors about hazards from normal every-day farming activities. This includes natural hazards on the farm, such as bluffs, landslides, rivers, swamps or wasp nests, that would ordinarily be expected.

UNAUTHORISED VISITORS

A farmer is not liable if anyone comes on to their land without permission and suffers harm, whether from a work-related hazard or for any other reason.

AUTHORISED VISITORS

An authorised visitor is anyone who visits a farm with the farmer’s permission and includes people who come for leisure or recreation.
This includes people who are legally allowed to be on the property, but only if they have told the farmer they are coming. Such people include employees of TransPower, Department of Conservation and local authorities.
A farmer is not responsible if an authorised visitor is injured, if the farmer warned the visitor about any hazards caused by work on the farm, which the farmer knew could harm that person and a visitor wouldn’t normally expect to face. For example, hazards from tree felling, blasting, earthmoving machinery or pest control operations.
A farmer only has to tell visitors verbally about the hazard, at the time they give permission to go on the land. If a group of people visit, it’s enough to give the warning to a representative of that group.

PAYING CUSTOMERS

If people pay to use a farmer’s land, or are there to inspect goods for sale, the people become customers. Farmers must take all practicable steps to keep customers safe from any hazard on the farm. Customers can include: people paying to use the farmer’s land for camping, horse trekking or fruit picking; or where a tour operator pays for tourists to visit a scenic site on the farmer’s land.

OTHER PEOPLE

A farmer also has a full duty to other people near where work is being done. But the farmer is only responsible for managing hazards within their control.

VISITOR RESPONSIBILITIES

Visitors should take care of themselves by not:

  • interfering with plant or equipment, including electrical installations or fences
  • entering unauthorised areas or farm buildings
  • disturbing or unnecessarily approaching farm animals or work activities
  • letting children wander unsupervised
  • ignoring instructions or warnings
  • leaving gates open or damaging fences.

WARNINGS AND INFORMATION FOR VISITORS

The farmer or landowner might need information, instructions or warning signs to alert visitors to known hazards.
Visitors should make sure they take notice of any warnings and stop if in doubt; until they talk to the farmer or landowner for advice. Visitors should not go into unauthorised areas.
If the visitor can’t contact the owner or occupier, they shouldn’t go ahead. If obvious hazards exist, the visitor must take suitable precautions.

Further information on Unformed Legal Roads (Paper roads) can be found at http://www.walkingaccess.govt.nz, including a summary of the definition and legal status of Unformed Legal Roads.

Forums Forums Tracks & GPS Getting access to private farmland

This topic contains 1 reply, has 1 voice, and was last updated by Profile photo of Eddieb Eddieb 2 years, 3 months ago.

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  • #7663
    Profile photo of Eddieb
    Eddieb
    Keymaster
    • Location : Hamilton
    • Bike : Highly modified Suzuki DR650

    New Zealand has an abundance of paper roads and great tracks that cross private farmland, bush and forest land, however a lot of land owners won’t allow access due to a lack of understanding around their obligations and risk of being prosecuted if you have an accident or injury while on their property.

    The NZ Government, via their Worksafe New Zealand department provides a guide for farmers and land owners about what their responsibilities are for visitors on their land. This guide can be downloaded from the WorkSafe NZ site
    [See the full post at: Getting access to private farmland]

    #7686
    Profile photo of Eddieb
    Eddieb
    Keymaster
    • Location : Hamilton
    • Bike : Highly modified Suzuki DR650

    From http://www.walkingaccess.govt.nz/latest-news/show/new-trail-information-available-online/264/

    New trail information available online

    People looking for opportunities to access the outdoors can now view a selection of new biking and walking trail information on the New Zealand Walking Access Commission’s Walking Access Mapping System.

    The free mapping system, online at wams.org.nz, shows publicly accessible land across New Zealand and provides legal certainty for people looking to access the outdoors.

    A selection of new track data provided by central and local government has been uploaded to the system and many of the trails are available for mountain bikers to enjoy.

    New Zealand Walking Access Commission Chief Executive Mark Neeson said the new dataset had been generated as a result of collaboration between the Local Government Geospatial Alliance, Land Information New Zealand, the Department of Conservation and the Commission.

    “This is a first step and we hope to make the track information more comprehensive and even easier to use in coming months,” Mr Neeson said.

    “Over time, the new track data will provide an easily accessible resource that people can use to find tracks and trails in their areas, with useful information including track grade and conditions of use.”

    The new data being added to the system will complement existing public access information including the locations of many walking, cycling and horse riding tracks, fishing access points, campsites and other useful points of interest. Mapping information can be viewed against topographical maps, aerial photographs or a basic map showing only the outline of the land.

    Other features of the Walking Access Mapping System include trip planning and zooming tools, and functions that allow users to plot points and lines, and measure distances. Users can also save maps and print them, and lodge enquiries about access rights and responsibilities using a built-in enquiry function.

    The new data integrated into the Walking Access Mapping System is also available as a download from Land Information New Zealand, for website and app developers.

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