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H&S – Adventure Activity, Auditing & Clubs Exempt

Regarding clubs and auditing and registration. None of this is required if you are a club, incorporated or non incorporated that does not employ anyone. Note the “not employ”. The applicable section is the one below from Health & Safety in Employment (Adventure Activities) Regulations 2011.

Note these regulations are changing in 2015 so that if a club, not for profit, does employ someone they come under the H&S requirements.

22. What is ‘an association representing sports clubs or recreation clubs’?

The regulations state that an adventure activity does not include an activity provided by an association representing sports clubs or recreation clubs to–

(a) a member of the association or of any of the clubs; or

(b) a member of another association, or of any sports clubs or recreation clubs represented by the other association, under an agreement between the associations; or,/p>

(c) a person who is not a member of the association, or of any of the clubs it represents, if the activity–

(i) is provided only to encourage membership of the association or interest in the association’s activities, or for the purposes of a competition; and

(ii) is provided to any one person on no more than 12 days in any 12-month period.

An association representing sports clubs or recreation clubs is a not-for-profit organisation established to represent sports or recreation clubs. It may or may not be an incorporated society or trust.

Examples of associations representing sports clubs or recreation clubs are: national sports organisations such as Triathlon NZ; regional sports trusts such as Sport Waitakere; regional sports organisations such as Swimming Wellington; and national recreation organisations such as Federated Mountain Clubs.

23. What is considered to be ‘encouraging interest in an association’s activities’?

Regulation 4(5)(c)(i) states that an adventure activity does not include an activity provided by an association representing sports clubs or recreation clubs to:

(c) a person who is not a member of the association, or of any of the clubs it represents, if the activity–

(i) is provided only to encourage membership of the association or interest in the association’s activities, or for the purposes of a competition;

If an association’s activities are centred around specific recreational activities (for example, tramping) and encouraging interest in those specific recreational activities is the purpose of the association’s activities, the association’s activities will be considered to meet that and therefore will not be covered by the regulations.

24. What is the form of agreement required between clubs and education providers?

The regulations state that sports clubs or recreation clubs, associations representing sports clubs or recreation clubs, and registered schools or tertiary education providers can offer adventure activities to members or students of their equivalents when they have an agreement to do so with their equivalents.

These agreements need not be written.

KASK's aims are to:

1. Promote and encourage the sport of sea kayaking
2. Promote safety standards
3. Develop techniques and equipment
4. Deal with issues of coastal access and protection
5. Organise sea kayak forums around the country
6. Publish the Sea Canoeist Newsletter and the KASK Handbook