NZ Health & Safety Laws Reformed to Boost Access for Outdoor Recreation

Government Reforms Health and Safety Laws to Ease Recreational Land Access.

The ACT-National Coalition Government has unveiled a major shift in New Zealand’s health and safety framework, aimed at cutting red tape, reducing legal uncertainty, and encouraging greater access to both public and private land for recreational use.

Workplace Relations and Safety Minister Brooke van Velden announced the legislative change as part of a broader commitment by the Government to streamline health and safety regulations. The reform is designed to alleviate over-compliance, reduce excessive paperwork, and clearly define responsibilities for businesses, employers, and workers, without compromising safety outcomes.

“This reform refocuses the work health and safety system by getting rid of over compliance, making sure there’s less paperwork and giving businesses, employers and workers clarity on their health and safety responsibilities. We want all New Zealanders to return home safely after every working day,” said Minister van Velden.

Tackling Liability Fears for Landowners

One of the central motivations for the change is the growing concern among landowners—particularly farmers, councils, and iwi—that they may be held legally liable if someone is injured on their property while undertaking recreational activities. This fear has led to reduced access to natural spaces, as landowners err on the side of caution to avoid potential prosecution under current WorkSafe guidelines.

“For many Kiwis, outdoor recreational activities are a way of life that has been enjoyed for generations,” said van Velden. “Unfortunately, New Zealand’s work health and safety settings have reduced the appetite to allow these activities, inadvertently creating a culture of fear amongst landowners who are now worried about their legal liability if someone gets hurt.”

“Many landowners, managers, councils, farmers and iwi allow access to their land for recreational use out of sheer goodwill. I do not think it is reasonable or proportionate for landowners, managers and iwi to be prosecuted by WorkSafe if someone was to be hurt or injured during the course of a recreational activity just because they are responsible for the land.”

What the Law Change Means

Under the new amendment to the Health and Safety at Work Act, landowners will no longer be held responsible if someone is injured while undertaking recreational activities on their land. The responsibility for ensuring health and safety will instead rest with the organisation or operator running the activity, such as a commercial tour operator, event organiser, or adventure tourism provider.

“For example, a farmer might worry they are responsible for the risks of a horse trekking business on their land. I am making it clear in the law that in this case the health and safety duties sit with the horse trekking business,” explained van Velden. “The farmer would only need to consider the risks from their own work where that work is happening in the immediate vicinity of the horse trekking. They are not responsible for risks of the recreational activity itself.”

Promoting Outdoor Culture and Tourism

The Government hopes the legal clarification will reinvigorate New Zealand’s culture of outdoor recreation, where activities such as tramping, mountain biking, fishing, hunting, kayaking, and climbing are not only part of the national identity but also a driver of tourism and wellbeing.

“We all know that recreational activities aren’t without some risk, and sometimes it’s the risk that makes it fun. I want Kiwis to be able to hunt, fish, hike, climb, mountain bike, kayak and so much more without being caught up in health and safety red tape,” said van Velden.

Wide Application Across Land Types

The reform will apply broadly across various land types, including private farms, forests, school grounds, local council reserves, and national and regional parks. It aims to simplify the process of granting access for recreational purposes without exposing landowners to disproportionate legal risk.

Importantly, the change will not interfere with private property rights. Landowners will retain full discretion over whether or not to allow access to their land, regardless of the reduced liability.

A Move Towards Proportional Regulation

The ACT-National Government views this change as a step toward creating a more proportionate and practical regulatory environment—one that balances safety with freedom, and encourages goodwill rather than legal apprehension.

“This is a common-sense change that ensures landowners can open their gates to recreational users without the fear of prosecution. It also makes sure that those who are actually running the activity take proper responsibility for keeping people safe,” van Velden concluded.

The legislative changes will be introduced to Parliament in the coming months, with implementation expected shortly thereafter.