An Experience to Die for? Regulating Safety in New Zealand Adventure Tourism

Abstract

The New Zealand adventure tourism industry forms an important and growing sector of the country’s economy. However gaps in the safety regime pose a threat to participants and the industry’s future. This paper provides an analysis of the applicable safety, risk management and consumer protection legislation. It reviews risk allocation in the sector with reference to international judicial authority, and regulatory approaches. It considers whether sections of the Queensland Workplace Health and Safety Act 1995 could suit the New Zealand environment. Finally, in view of the disincentive to apply safety standards created by the no-fault ACC regime, it proposes mandatory industry qualifications, an offence of criminal negligence and an extension of the Health and Safety in Employment Act 1992 to remedy gaps in the health and safety regime.