All businesses undertaking recreation and tourism related activities on public conservation land require an independently audited safety plan. The auditor’s certificate must be received by DOC before the activity begins operating.
Definition of 'adventure activity'
First, you must find out if your activity meets the definition of an 'adventure activity'. See information on the WorkSafe New Zealand website:
If you do meet the definition
If you meet the above definition, then you are an 'adventure tourism operator' under the Health and Safe at Work (Adventure Activities) Regulations.
This means you must be registered with WorkSafe New Zealand and use a WorkSafe Recognised Safety Auditor to audit your safety plan. Failure to do so may incur a fine of up to $250,000. See the WorkSafe guidance for businesses for a list of recognised providers.
See Support Adventure for more information. This site has been set up by the Tourism Industry Association and Outdoors New Zealand as a source of safety guidance for adventure tourism operators.
If your concession application is approved, you will be required to provide DOC with a copy of the certificate of audit before you commence the activity.
If you do not meet the definition
DOC is responsible for taking all practicable steps to ensure recreation experiences are safe for visitors to public conservation lands and waters. Visitor safety is managed in accordance with legislation, statutory plans, policies and management procedures.
All concessionaires are required to have a safety plan that is appropriate for the nature and scale of their activities. The level of assurance DOC requires for that safety plan depends on the risk profile of the concession activity under DOC's Concessionaire Safety Assurance Framework.
Safety assurance requirements
DOC uses a risk-based approach to determine the level of safety assurance required for concession activities.
Depending on the activity and its risk classification, concessionaires may be required to provide:
- a concessionaire self-declaration
- an independent audit or review of their safety plan
- evidence of compliance through another recognised regulatory assurance pathway.
Activities are assessed against DOC's risk framework and classified as low, moderate or high risk. The required assurance pathway is determined by this classification.
For some low-risk activities, DOC may accept a concessionaire self-declaration rather than requiring an independent audit. Examples may include some guided walking, tramping and trekking activities, non-specialist cycling activities, and other activities assessed as having lower technical risk.
Moderate and high-risk non-adventure activities generally require independent assurance. Adventure activities continue to be regulated through WorkSafe New Zealand's Adventure Activities certification regime.
Where appropriate, DOC may also recognise assurance provided through other regulators, including WorkSafe New Zealand, Maritime New Zealand, the Civil Aviation Authority and NZ Transport Agency.
If you are unsure which assurance pathway applies to your activity, contact us to discuss your requirements with a permissions advisor.
Independent audit providers
Where an independent audit or review is required, DOC expects this to be undertaken by an appropriately qualified health and safety professional.
Suitable providers may include:
- auditors who provide ISO 45001 certification
- JASANZ-accredited health and safety certification bodies
- HASANZ registered health and safety professionals
- other suitably qualified and experienced providers recognised by DOC.
Registers are available through the JASANZ and HASANZ websites.
Many concessionaires may also choose to engage an auditor or health and safety professional even where a self-declaration pathway is available, as an independent review can support continuous improvement and provide additional assurance.
Transition arrangements
Existing audit certificates remain valid until their expiry date.
When reassessment or re-assurance is required, concessionaires will transition to the requirements of the Concessionaire Safety Assurance Framework and the assurance pathway that applies to their activity and risk profile.
If you currently hold a concession or are applying for a new concession or renewal, and have questions about how the framework applies to your activity, please contact us.
What you should have in your plan
The full requirements for health and safety in the workplace are set out in the Health and Safety at Work Act 2015.
As a general guide your safety plan should contain:
- those accountable for safety in your business
- identified hazards
- how information, training and supervision will be provided to employees
- what equipment you will use and how it will be maintained
- procedures for accident/incident reporting and investigation
- a plan for emergencies that may arise while employees are at work
- procedures for applying and updating the plan.
Once the auditor is satisfied that the safety plan is complete they will provide you with a letter or certificate. You are required to provide DOC with a copy of this certificate before you commence the activity. Your certificate must include:
- the auditor’s details, including qualifications and/or accreditation (safety plan authors may not audit their own work)
- the concession number
- the concession activity
- the concession holder name
- the audit expiry date.
Your concession document contains more detail.
When a safety plan is not required
A safety plan may not be required where an activity is entirely covered by another recognised regulatory regime and DOC accepts that assurance pathway.
For example, activities regulated solely by the Civil Aviation Authority (CAA) or Maritime New Zealand (MNZ) may not require additional safety assurance from DOC.
However, where part of the concession activity falls outside the scope of another regulator's requirements, DOC may require a safety plan and assurance for those aspects of the activity. For example, while helicopter operations are regulated by CAA, any guiding activities undertaken after passengers disembark may require additional safety management arrangements and assurance through DOC.
In these situations, concessionaires may also be required to provide evidence of compliance with the applicable regulatory requirements.
Why DOC does not audit safety plans
DOC is a conservation agency, not a safety agency. We do not possess the necessary expertise in safety matters to assess your safety plan.
It is the responsibility of the operator and the industry in which they operate to set their own safety standards for the activities they undertake.