Waihi Walkways may have to meet these obligations if it is viewed as the occupier of land that the walkway crosses.
Duties of persons who control places of work —
This is a person who is -
(a) The owner, lessee, sublessee, occupier, or person in possession, of the place or any part of it; or
(b) The owner, lessee, sublessee, or bailee, of any plant in the place.
The HSE Act has a broad definition of the workplace. Essentially, it is anywhere that activities are performed, whether inside or outside. The Department of Conservation take the view that any land they administer is a place of work year round.
[Farmers are persons who control a place of work (their farms), and this is of relavence to us when our walkways are near to, or cross, farmed land. See: Walkways & Workplaces of Others]
(1) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms--
(2) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms people--
(3) A person who--
must take all practicable steps to warn that other person of the significant hazard.
(4) Except in the case of the practicable steps required by this section to be taken in relation to any person described in subsection (2) or subsection(3)(c)(i), this section does not impose on any person who controls a place of work any duty in respect of any person who is in the place of work solely for the purpose of recreation or leisure.
(5) The warning required to be given to a person to whom subsection (3)(c)(i)
(6) The oral advice required by subsection (3)(c)(ii) must be given by the person who will be working in the place of work or by that person's employer.]
Waihi District Walkways Inc. PO Box 241 Waihi New Zealand
Send e- mail to: Waihi Walkways