Aotuhia Station

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Forums Forums Tracks & GPS North Island tracks map Aotuhia Station

This topic contains 4 replies, has 2 voices, and was last updated by  Eddieb 1 year, 8 months ago.

Viewing 5 posts - 1 through 5 (of 5 total)
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  • #7700

    Eddieb
    Keymaster
    • Location: Hamilton
    • Bike: Suzuki DR650 ADV
    • Rank: 1200cc Rider

    Aotuhia Station is private farm land with a paper road marked through the station, the paper road as marked is impassible in places and at those point
    [See the full post at: Aotuhia Station]

    #9376

    Eddieb
    Keymaster
    • Location: Hamilton
    • Bike: Suzuki DR650 ADV
    • Rank: 1200cc Rider

    I’ve had an email from Aotuhai station stating the Station is now closed to visitors due to Health and Safety Regulations. I’ve forwarded them the information we have about access.

    Janelle Gavin

    To whomever it may concern ( author of the adventure riding NZ web page in regards to riding over Aotuhia Station.)

    As a manager of the Health and Safety of Aotuhia Station and KH and MJ Downs trust I was looking through web information on Aotuhia Station and I came across your web site. It informs people that Aotuhia Station is motor bike friendly.

    While this is the case in some instances due to strict health and safety regulations we have now been forced to close all Aotuhia’s private land off to the public until further notice. This includes all farm tracks that are not part of the surveyed roads. We are currently working with the Statford District Council in regards to liability of safety on the paper roads but until then it might be worth altering your website a little bit as people might not appreciate false information and then being turned away at the gates.

    Kind Regards
    Janelle Gavin

    To which I sent the following reply.

    Adventure Riding NZ

    Hi Janelle

    Thanks for your update, thats a real shame as we really enjoyed going through the station. I took 2 dozen riders through who came from as far afield as Whangarei to Wellington and for all of them it was a highlight of our 2 days riding in the area. We rode the formed track that very roughly follows the paper road through the property, in as much as is possible given the terrain.

    We have some information on our website about riders accessing private land with supporting information from Worksafe New Zealand. There’s also a link there to download the Work Safe information directly.

    http://www.adventureridingnz.co.nz/gps-tracks-rides/getting-access-to-private-farmland/
    http://www.business.govt.nz/worksafe/information-guidance/all-guidance-items/farmers-managing-health-and-safety-a-guide-for-farmers

    The most relevant information from Worksafe about farm visitors is below and I’ve underlined the parts that are particularly relevant. In a nutshell if the visitors pay to get access the farmer is potentially liable for accidents but if no payment is involved then the farmer isn’t liable.

    Please keep us updated on your ongoing discussions and decisions as if possible we would love to go through again.

    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.

    Regards
    Edward Brodie
    http://www.AdventureRidingNZ.co.nz

    #11564

    ApewithHumour
    Participant
    • Location:
    • Bike:
    • Rank: 250cc Rider

    Is there any news on this?
    I don’t know if you are aware but I work for a training organisation and we are presently going through the transition from the HSE Act 1992 to the new HSW Act 2015. 15000 HSR Reps will require the training, both on-line and a face to face session.
    This stumbling block is exactly what I teach and the lack or understanding is disconcerting to say the least…
    Bad press, scaremongering and rumours has quashed this sort of example above!
    Can you enlighten me as to whether this is a no go or a yes?

    Of course there is a primary duty of care to the duty holder, but at the end of the day if something happens and that person is doing something the stakeholder stated expressly not to do, then he or she is fine….
    The idiot that rode somewhere they shouldn’t has to explain that to St John. Worksafe wouldn’t be interested…

    One thing, you are there with the permission of the farmer, 2, he hasn’t employed you and besides the fact it being a place of work, his obligations under the Act is only to really warn you of the places you shouldn’t go due the hazards of farming operations….
    The rider should be aware of the hazards that farms inherently have, bumps, erosion, fences and stock! etc.
    Let me know Eddie….

    #11565

    ApewithHumour
    Participant
    • Location:
    • Bike:
    • Rank: 250cc Rider

    We can ride on Defence land and ride around explosive shells, artillery and only require a briefing to NOT pick any ammo that happens to be there, keep left and watch out for APC vehicles and the like and that is all….
    You can see where the paranoia comes from? A Lack of understanding simply because in 1994 a Beekeeper fell through a bridge south of Taumarunui…
    A huge disappointment…..

    #11568

    Eddieb
    Keymaster
    • Location: Hamilton
    • Bike: Suzuki DR650 ADV
    • Rank: 1200cc Rider

    We will be going through Aotuhia Station as part of our upcoming Taumaranui Ride following the formed track that follows the paper road as much as geography allows but we will not be free range riding on the land.

    I think part of the issue here was that the farm had been open to users coming onto the land and riding free range, but recently they had been riding recklessly causing issues and making a mess.

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