Thread: WorkSafe: hunting on farmland

Soooooooooooo if Nibblet cuts the fuk out of his thumb by being careless with a knife whilst hunting for a deer on Brads farm that he's paid for, then shorely under the new HS rules Brads is liable or at least could face a penalty. Pray it isn't so but that's the impression I have. We are all fuked if this is to be the case.

And does Brads need to fill out an incident form. Can of worms

Michael Woodhouse says everything is ok, so I guess it is....

No changes to hunting from health and safety | The Gisborne Herald

RECREATIONAL ACCESS AND THE NEW WORKPLACE SAFETY LAWS
A GUIDE FOR FISH & GAME LICENCE HOLDERS AND FARMERS
Prepared in consultation with Work Safe
May 2016

The new workplace safety legislation came into effect this month and is aimed at providing New Zealand workers with a safe workplace and reducing the present high level of death and injuries in some sectors.

Unfortunately, the often uninformed debate over the new law has raised fears among the rural sector about the implications of the new legislation and in particular, landowners’ liabilities. Some of that concern is focussed on recreational access to farms and forests, with landowners questioning if they should close all access.

In a rare move, Federated Farmers and Fish & Game joined forces last year to ask Parliament to ensure the legislation did not inadvertently restrict recreational access to farms and forests.

The Select Committee which considered the issue took those concerns into account in its report and the final legislation which was passed by Parliament placed some limitations around farmers’ requirements to manage and control a workplace.

The practical effect is that these requirements do not apply in respect of other people (for example recreational users) coming onto farm land, apart from the farm buildings and places where work is being carried out at the time.

Fish & Game has also worked with Work Safe to make sure that recreational access is preserved and that organisation has been helpful in clarifying questions and providing advice.

Fish & Game staff is being asked by both hunters and farmers to clarify the current confusion. The following bullet points provide ready answers to the main points of concern.

The new law clarifies the scope of duties to manage or control a workplace in the case of farms. Farmers have a duty to manage workplace risks in farm buildings and their immediate surroundings and where work is actually being carried out on the farm, not the whole property.
The Act clarifies that the farm workplace does not include the family home.
Farmers are responsible for managing risks they can reasonably be expected to be able to control.
Where a visitor like a hunter, angler or tramper is on a part of the farm not being used for work purposes at that time and isn’t close to any farm buildings, then the farmer does not have a duty to them for any risk arising from the farm. However, there is still a general duty to ensure risks arising from work activities on the farm are managed, so far as is reasonably practicable, so workers and the general public are kept safe.

Gamebird hunters, anglers and farmers are reassured that the new law does not affect, prevent or compromise their access to farms and forests.

Fish & Game supports the new law as protecting both workers and New Zealand’s long and treasured tradition of access to the outdoors through farms and forests.
Federated Farmers says it is encouraging farmers to make their land available for recreation. Federated Farmers’ Health and Safety spokesperson Katie Milne says fishing and hunting is an integral part of the culture of New Zealand rural life.
Work Safe is supportive of Fish & Game’s interests in this area and its field staff are up to speed with the issue of recreational access.
The law makes it clear that the duty to manage and control a workplace doesn’t extend to people who are there for unlawful purposes.
These links on the Work Safe website will also help answer questions about the new law:
Farming health and safety myths busted – Safer Farms
Farming and the Health and Safety at Work Act – Safer Farms

If you are going on forest land to hunt with a rifle and or dogs you will need written permission from the forest owner beforehand. Any right to roam provisions don’t extend to hunting access.

Some forest owners will withhold permission unless the hunter is a Fish & Game licence holder, or a member of the Deerstalkers Association or a local pig hunting club which carries Forest and Rural Fires insurance coverage.

So how does rugby get on? They're in paid employment, with an employer, or contracted. I take it covered by ACC they smash each other up on purpose, no hard hats, eye protection etc, some die, some just paralysed. But it's ok? Now all I want to do is go hunting,

Originally Posted by Maca49

So how does rugby get on? They're in paid employment, with an employer, or contracted. I take it covered by ACC they smash each other up on purpose, no hard hats, eye protection etc, some die, some just paralysed. But it's ok? Now all I want to do is go hunting,

Ah but thats "different"

WHY? If you let a dangerous sport like rugby thru, you need to to let all recreational sports thru? Is there a case for discrimination, I find it a bit of a double standard

Originally Posted by Maca49

WHY? If you let a dangerous sport like rugby thru, you need to to let all recreational sports thru? Is there a case for discrimination, I find it a bit of a double standard

Because Rugby is considered a religion here so only God knows why its exempt

I'm rebranding to a church, "Bishop Maca 49 Rewinds"

So if you are riding a bike on Doc land on their cycle ways Doc can be taken to court if the hazards aren't maked ,, I don't think so or if the council concrete lane ways are use and someone falls of there bike the council goes to court .

Accidents will happen even over flat land with no hazards .Just another way of taxing people but the injured get nothing

I see Pegasus here in Canterbury closed its walk bridges for a while as it wa "frosty" and as the owber of the bridge under the new laws they could be held liable for someone slipping on the frosty surface....(Press front page) I guess now the locals will hae to take a car when its frosty...

In all of this I cannot see any exemption for "recreational hunting". A farm is a "work place " in its entirety ,not just the buildings .
Sections 19 & 46 seem to be the deciding parts ?????.

Health and Safety at Work Act 2015 No 70, Public Act Contents – New Zealand Legislation

Originally Posted by Tankd

In all of this I cannot see any exemption for "recreational hunting". A farm is a "work place " in its entirety ,not just the buildings .
Sections 19 & 46 seem to be the deciding parts ?????.

Health and Safety at Work Act 2015 No 70, Public Act Contents – New Zealand Legislation

Visitors and events on farms – Safer Farms

It specifically says Farmers are not responsible - stop freaking out and keep going hunting. If a hunter is in your shed and it collapses, then the farmer will likely be liable. Also, if a hunter gets himself run over by a log because you didn't tell him a hauler was operating in the area and hes an absolute idiot, then you are probably liable. Under normal conditions, your pretty safe.

Originally Posted by MikeB

Attachment 52334

Visitors and events on farms – Safer Farms

It specifically says Farmers are not responsible - stop freaking out and keep going hunting. If a hunter is in your shed and it collapses, then the farmer will likely be liable. Also, if a hunter gets himself run over by a log because you didn't tell him a hauler was operating in the area and hes an absolute idiot, then you are probably liable. Under normal conditions, your pretty safe.

I'm not panicking about anything ,all I want to know is what are the relevant sections .
I can hear the Cocky laughing at me when I say "But I read it on the Internet ".

Originally Posted by Tankd

I'm not panicking about anything ,all I want to know is what are the relevant sections .
I can hear the Cocky laughing at me when I say "But I read it on the Internet ".

I'd print that out and show it to them. It's a work safe and acc website. If you wanted to know the exact section that state exceptions (if there is one) then flick them an email and they'll point them out for ya no doubt.


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