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.

https://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