Need 2 Know
Health and safety when crossing private farms
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nfortunately, in recent years, to warn about natural features like many landowners have been bluffs, landslides, rivers and wasp reluctant to allow walkers ac- nests. cess to their land because they worry If a visitor trips over a tree-root or they will be liable for people’s safety. stone, the farmer or forestry owner Understandably, farmers don’t is not responsible for the walker’s want to be accountable for accident. ill-prepared people walking Farmers and forest manover their land, and getting agers can ask walkers to lost or injured. obey safety rules. These The good news is that, for might include speed-limits the most part, they are not reor wearing protective gear. sponsible. It’s not their duty Not enough people to make sure trampers are know that farmers and forsafe. The Health and Safety estry owners are not liable at Work Act 2015 does not By Stephen Day for the health and safety impose this legal liability on of recreational visitors on farmers and forestry owners. their land. When farmers grant access to recThey are not responsible for any reational visitors across their farm, or harm that occurs to a walker from forestry owners through their forest, a hazard the landholder could not they should warn of workplace risks have been expected to know of. and hazards. These could include They are definitely not liable for such things as tree-felling, blasting, people who are on their land without earthmoving machinery, or pest consent. control. But it does not include the They are only legally responsible ordinary, non-work related hazards for ensuring the safety of visitors that walkers would expect to see. from work-related hazards. There is This ‘obligation to warn’ relates no need to warn visitors about workonly to parts of the farm or forest that place hazards that are not on or near visitors will be walking on. There is a route they will be using. no need to warn visitors about hazNormally, this warning only ards that are not on or near a route needs to be a sign at the entrance to they will be using. There is no need the property. www.walkingnewzealand.co.nz
While farmers and forest managers are not legally liable for many of the health and safety risk that trampers face on their land, they often feel a strong moral responsibility for other people’s safety. Most farmers will pull on their raincoat and hop on their quad bike in the middle of the night to rescue a bedraggled tramper who has wandered off-course. Walkers can ease this burden on farmers and forest owners by being well prepared. Know how to be safe in the outdoors. Take the right equipment, clothing and food. Be prepared for the weather and don’t be afraid to turn back if you’re uncertain about your safety.
Walking New Zealand, issue no 278 - 2021
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