New Zealand Rafting Association · Day 1 to 3 - a "rescue course" for those who wish to learn an d refresh swift water rescue skills, culminating in a testing day to achieve the rescue

Volume 11 - Issue 2 - July 2011

New Zealand Rafting Association

NEWS FROM THE CHAIR

Well here we are again sneaking through Winter and looking forward to Spring. Your Executive had a meeting in Christchurch on 25th May which resulted in some fantastic outcomes, We had an awesome meeting with Sharyn Forsyth and Jeff Horne from Maritime New Zealand (see Southy’s report on page 3 and 4 below to find out more). This meeting generated a fair bit of work for the executive to work on over

the Winter months.

Colin has resigned from his role as Safety Advisor with Maritime NZ. Colin started with Maritime NZ as

Safety Auditor and has been an invaluable asset for the rafting industry and more lately the river boarding industry . Whilst this is a huge loss for the Rafting and River Boarding Industry we appreciate it as a positive step for Colin and wish him well with his future ventures. With Colin’s enthusiasm and passion for the industry I am sure his participation and expertise will not be lost to the industry.

We anticipate we will be working closely with Maritime NZ during this transistional period but if there are any issues that anyone has re SOP’s, Advisory Circulars please feel free to contact the NZRA so we can assist working through these.

Skill Active

We have a meeting in Wellington with Skills Active on 17th August to try and work through some of the challenges we are facing. For those guides or new guides out there experiencing frustration we ask for a little patience and hope to have these issues sorted going into the season ahead. Discussion points are listed below if you have any additional items to add that you would like us to present please contact Raewyn in the office.

Discussion Points: Assessor database, Assessors processes formalized, Resources, Assessments National Certificate, First Unit - 424.

River Rescue workshops Once again the workshops are rolling around. Paul and Koryn have an update on the workshops on page 2, dates are listed below please get in early to register as this helps us out with staffing and catering.

NORTH ISLAND - RANGITAIKI – 7th – 11th November

SOUTH ISLAND - MURCHISON – 14th – 18th November

Format will be:

Day 1 to 3 - a "rescue course" for those who wish to learn and refresh swift water rescue skills,

culminating in a testing day to achieve the rescue pre-requisites of New Zealand raft guide qualifications.

Day 3 to 5 - a rescue workshop for those who wish to refresh, practice and push their rescue skills using scenario based sessions. Participants will attend a testing/refresher day (on Day 3) where they must be able to perform all tasks that are required in New Zealand Raft Guide qualifications in order to be able to participate in the final two days.

All enquiries/registrations to: Raewyn Larcombe, NZ Rafting Association, 203 Orari River Road, RD 22, Peel Forest Email: [email protected]

An information/registration pack will appear on the website in the near future.

Well that’s all from me for now, thanks to the exec for the work this Winter we are all looking forward to the Summer ahead.

Steve Brown

Page 2 New Zealand Rafting Association

RIVER RESCUE PORTFOLIO

With the new formats to the workshops being consolidated we are now looking at ways to now improve the other potential services and opportunities that such a gathering like the NZRA Workshop can offer. In particular this year we will be looking at tying in assessment opportunities for guides wanting to put their skills to the ultimate test, not only in front of their peers but also in front of many different Assessors. This could have both its advantages and disadvantages to it. There is also the added opportunity for Potential Assessors to get in amongst this and get some immediate feedback and direction from the other Assessors who will be attending in a facilitation role with plenty of model task setting, site running and moderation on decision making and the line of Pass or NYC. This may not suit all but it is something that such a gathering should be able to use the time effectively with. First Aid Unit Standard 424

For Senior Guides this is now a minimum requirement for your guide award and you should by now have this qualification registered. Please check that you have this Unit Standard reported, If you do not hold

this qualification it can be arranged that this is assessed at the workshop, however you have to acknowledge this requirement at enrollment so you can be identified by Peak Risk during the workshop for the assessment. Please do not expect this half way through or at the end. We will still be providing the normal first aid refresher for all others.

Up coming Senior Guides

The NZRA River Rescue workshop is an important stepping stone in the process of becoming a Senior Guide. Many of the river rescue assessment criteria are difficult to assess in a normal individual

assessment and can be quite expensive to organise, so the course is an ideal situation for these parts of an assessment.

To take advantage of this opportunity you must already be enrolled with Skills Active to become a

Senior Guide, indicate at the time of enrolment and bring along your workbook.

It is important that you realise that it is not an entire Senior Guides assessment, just selected parts of the rescue management skills, including First Aid Unit 424.

Koryn and PaulE


MARITIME NZ PORTFOLIO

Hi to you all out there getting down our great river and I'm sure many are on rivers all around the show ....even having a brief look in Switzerland myself. A few things that have been going on with the association and our controlling body Maritime New Zealand. (MNZ) We invited Sharon Forsyth from MNZ to our Executive meeting in Christchurch last month. Sharon is managing the rafting portfolio for MNZ. She accepted our invitation and attended the meeting along with Geoff Horne, who for those that do not know has been doing the bulk of the company audits the last couple of years. Points raised with Sharon: As an industry we had feel that there has to be industry expertise at any incident and or accident investigation and that our association should provide the guidance in making sure the right person or persons are preset to assist in any investigation. Without this we have concerns that an MNZ investigator alone could not get a real picture of the events and facts contributing to the incident/accident. As those of us know so well it can be clear to us with industry experience what are important factors or not so relevant. If prosecutions result that are unnecessary it is a huge waste of tax payers money and a huge drain on all involved. On the flip side there is the possibility that a company or guide has been operating with negligence so it maybe that we support MNZ in a prosecution. At this stage it was decided that the four Industry Registrars would fulfil that role should it be required, with the idea the list of people available with those skills expands in time. The Industry Registrars presently are myself and Koryn Gould in the South Island and up the other land Nick Chater and Rachael Moore ..well Rach can be anywhere !! Sharon was in agreement that MNZ would do this which is a positive approach and good outcome. We also felt it hugely important that there is also industry expertise present within the Auditing process, as an industry we do not want to see MNZ alone without this. Auditing year after year ..although thorough in their paper based audit . It needs to represent what happens out on the river and this is hard for an Auditor with no River experience to pick. Colin Sonneveld has been covering part of this role as at the time of our meeting however it was felt should this not be the case we needed to voice our concern that it continues with industry expertise from our sector. Both Sharon and Geoff assured us this would be the case. We discussed the rescue workshops and the value they have been to our industry over the last few years, not only the value to guides and companies in keeping guides rescue skills current but they bring together the industry. We are also very keen to keep them affordable to our members so in short would MNZ support them financially, contributing a dollar value . Sharon indicated that they do see the workshops as a positive step in keeping incidents and accidents down and would like to assist should their budget allow.


MARITIME NZ PORTFOLIO cont’d

RIVER RAFTERS/BOARDERS A PRIORITY FOR WALKING ACCESS COMMISION

In much the same way as a hunter needs access to the forest or an angler needs access to the coast and rivers, enjoyment of rafting/river boarding is entirely reliant on access to and along New Zealand’s waterways. In areas where public access isn’t provided for, this type of access has traditionally been granted by Kiwi landholders, but from time to time issues do crop up, or new previously untried access is sought. That’s where the New Zealand Walking Access Commission can help out. For those who aren’t aware, the New Zealand Walking Access Commission was set up in 2008 to provide leadership on access issues, create opportunities for recreationalists and raise awareness of responsible behaviour in the outdoors. Its goal is to foster free, certain, enduring and practical access into New Zealand’s great outdoors, both for walkers and other access seekers, including river rafters/boarders. To achieve this, the Commission has enlisted a network of nine regional field advisors across New Zealand and launched a series of information initiatives. Field advisors are happy to work with recreational users, businesses and clubs, as well as landowners to answer public access enquiries, resolve disagreements over access or help negotiate new access. Contact details for all of the regional field advisors are available on the Commission’s website, www.walkingaccess.govt.nz.

Lastly as an industry we have had lets say a bumpy road leading into the new awards with Skills Active. We feel there needs to be a real tidy up at the gateway into our industry starting with the Assessors who are they..? how do they get there..? and how do they stay there? We intend having an open round table day with Skills Active to tidy this up and Maritime New Zealand agree with this step as they have concerns in this area as well . So in all I found Sharon and Geoff very positive to deal with and they both have a very real overview of our industry with faith and trust in our guidance and leadership in the direction of our industry keen to work together for the best interests of both parties. A good meeting. You all out there enjoying the river, you are lucky to have a positive exec and a dedicated office professional in Raewyn acting on your behalf with all the BS !!! behind the scenes. It costs you $20 to support industry ..this is nothing for what gets done behind the scenes. Cheers all Southy


RIVER RAFTERS/BOARDERS A PRIORITY FOR WALKING ACCESS COMMISION cont’d

Just last week the Commission released its online Walking Access Mapping System to the public, following an extensive testing period. Online at www.wams.org.nz, the system identifies all public land in New Zealand and will prove an invaluable tool for river rafters and other outdoor enthusiasts. In particular, its new Tracks and Access Points information layer displays tracks and other points of interest for people who want to access the outdoors. At the moment this layer can overlay features such as Department of Conservation and Te Araroa pathway tracks, and some Fish and Game access points, but it will continue to improve as more organisations provide information. There’s scope for rafting/boarding businesses, clubs and individuals to provide points of interest on the map for their members and others interested in the sport, including put-in and take-out points on rivers. Of course, providing information that makes accessing the outdoors easier is only half the job. The other half is providing information on how to make use of that access in a responsible manner. In order to raise awareness of responsible behaviour in the outdoors, the Commission is promoting its Outdoor Access Code, which was launched last year. The Code aims to enhance people’s knowledge and understanding of what to do in the outdoors and raise awareness of access rights and responsibilities. If you get a moment, take a look at the Commission’s website. The Commission welcomes your feedback, so don’t hesitate to get in touch via the website or the Walking Access Mapping System’s enquiry function with any questions about public access or thoughts on how the Commission can better assist river rafters/boarders.

GUIDES AND RAFTS NEEDED

Looking for guides Grade 2 or above for the WOMANS SPRING CHALLENGE on 24th September 2011 in the Blenheim area. Would need to be there the day before.

Also require more rafts.

Contact Tim Marshall at 0274 408019 or [email protected]


RAFT RACING

What’s going on with Raft racing today? R6 RACING

Lets get behind our Men’s and Women’s teams who are in full training at present for the up coming worlds event in Costa Rica in October! Both these teams need financial and moral support for their up coming challenge, if there is anything you can do or over in Costa Rica go and help cheer on the best we have on the world stage! Good luck guys and girls, I hope the river flows your way during the event. We are behind you every paddle stroke of the way! Kia Kaha! After this event we may know the result of where and when the next R4 races will be held and then we will be able to inform all of the up coming selection races for the right to represent NZ! With these world events, they are introducing youth racing! That’s right youth racing to represent their countries on the world stage! Something we do little to nothing of here in NZ. So if you know of some young ones out there paddling or looking for something to do or who would like to give it a shot, we would love to start introducing this to our racing program! I know Paul Roozendaal is keen to pass on his experience and time in Rotorua and we may see some youth action happening up there if all goes well. Please if there is anyone else out there who deals with youth around the country give it a shot, or ask NZRA what we may be able to help out with! It would be good to see NZ start to compete in this area of world racing! I know we have strong youth racing in Waka Ama and Rowing lets see if we can get rafting in there too!! The last thing I will mention is, there is a small group from around the countryside starting to think and act on a similar goal ... Lets get the worlds here in NZ!! We have competed on the world stage for a while now and better yet we have had a great bunch of girls holding the world title 4 times!! So fingers crossed we manage to hold this awesome event on our home soil soon! (An even better reason to get our racing at youth levels now! as there will be a youth section held here if we get it! ) Thanks Tim


OUTDOORS NEW ZEALAND

This article has previously been published in 'Ki Waho - Into the Outdoors', published by Outdoors

New Zealand. Issue 4 (May 2011).

River Valley Ventures Ltd

High Court appeal clarifies health and safety obligations

Katy Baxter & Maree Baker

Anderson Lloyd Lawyers

A recent High Court decision overturning three Health & Safety in Employment Act 1992 (the

Act) convictions against a river rafting operator provides adventure tourism operators with some

guidance as to whether a natural resource can be considered a place of work under the

operator’s “control”.

It also serves as another reminder for operators to ensure not only that they have

comprehensive written health and safety procedures in place which meet best practice industry

standards, but that those procedures are actually applied in practice.

The Facts

River Valley Ventures Limited (River Valley) runs a rafting operation on the Rangitikei River. It was prosecuted under

the Act by Maritime New Zealand (MNZ) for:

One offence against section 6 – failing to take all practicable steps to ensure the safety of its employees at work; and

Two offences against section 16 – failing, as a person in control of a place of work, to take all practical steps to

ensure that no hazard arose which harmed people (being both its customers and employees).

The charges related to an accident where a River Valley guide drowned after two River Valley rafts, travelling in the

close “truck and trailer” formation, collided whilst navigating through the Fulcrum Rapid on the Rangitikei River (the

rapid). The Court summarised the accident as follows:

[3] On the day in question River Valley’s customers were spread across two rafts, with two guides in each raft. When proceeding through a

set of dangerous rapids one of the rafts missed its intended course and became temporarily stalled near a rock. The second raft was

following close behind. It too was propelled in the same direction with the result that it ran into the first raft.

[4] The occupants were thrown into the water. All the customers were pulled back into the raft. However, the junior of the two guides in the

second raft had apparently moved higher on the raft in an attempt to stop it tipping. This meant he was thrown into the water from a greater

height, and consequently went deeper into the water. He must have become trapped under water, and he drowned. The deceased was an

experienced rafter who was on the trip in order to progress certification as a guide for these more dangerous rapids.


OUTDOORS NEW ZEALAND cont’d

MNZ alleged that River Valley had failed to take all practical steps by not following a mandatory obligation in its

Standard Operating Procedures Manual (SOPM) (which it was legally required to have) to use a safety kayak when

navigating the rapid. In other words, the sole basis for the charge under section 6 was River Valley’s alleged failure

to follow its own operating procedures. River Valley’s defence was that the use of a safety kayaker was discretionary

under its SOPM, not mandatory, and its decision on the day of the accident to use an alternative method was an

acceptable decision to have made in the circumstances.

The two convictions against section 16 were challenged on the basis that River Valley was not in control of the rapid

as a place of work at the time of the accident.

Were all practicable steps taken?

The primary issue on appeal against the first conviction was whether MNZ had proved to the required standard

(beyond reasonable doubt) that River Valley had failed to follow its own procedures and therefore failed to take all

practicable steps to ensure the safety of its employees.

The Judge acknowledged that because the wording of the SOPM was at times inconsistent and “certainly not

precise” there was some room for confusion over whether the use of a safety kayaker was mandatory or

discretionary. The High Court Judge put weight on River Valley’s evidence that the SOPM had always been

interpreted as allowing the head guide to decide which safety method should be used each day. This approach was

supported by independent expert evidence called by River Valley. The Judge found that there was at least a

reasonable doubt as to whether the SOPM created a mandatory obligation to use a safety kayaker.

In reaching this conclusion, the Judge placed considerable weight on the fact that River Valley’s SOPM had been

favourably audited by MNZ on an annual basis and MNZ was aware of River Valley’s interpretation that the use of a

safety kayaker was discretionary. The outcome of the case could well have been different if MNZ had earlier

identified to River Valley that its interpretation and application of this particular procedure was inadequate or contrary

to industry practice.

The outcome may also have been different if MNZ had presented evidence that proved, irrespective of whether the

procedures in its SOPM were followed, the use of the truck and trailer formation and absence of a safety kayaker did

not satisfy its obligations to take all practicable steps to ensure employees’ safety. However, MNZ accepted that in

this particular scenario it would have been impossible to prove that there was only one “best practice” procedure that

should have been applied by River Valley, (which is why the sole basis of the prosecution had been the failure to

follow its own procedures).

Accordingly, the quashing of this conviction should certainly not be seen as reducing the onerous health and safety

obligations operators have. It does however reiterate yet again the weight that the Department of Labour and/or MNZ

will place on an operator’s written health and safety procedures and how those procedures are followed in practice

when investigating whether the operator has taken all practicable steps to minimise or reduce hazards in the

outdoors.


OUTDOORS NEW ZEALAND cont’d

Was the rapid a place of work?

This was the first case under the Act where the prosecution had sought to prove that a river was capable of being a

place of work under someone’s control for the purposes of section 16. Section 16 places a duty on a person who

controls a place of work to take all practicable steps to ensure that no hazard in the place harms people in the vicinity

of the place or employees or contractors.

The Act defines a person who controls a place of work as including an owner, lessee, sub lessee, occupier or person

in possession of the place.

The Court of Appeal has previously rejected an argument that the seabed is capable of being controlled as a place of

work in the Diveco case.2 In River Valley, the District Court did not follow the Diveco ruling on the basis that River

Valley had been operating exclusively and regularly on the river since 1982, the rapid was a defined area, River

Valley had detailed knowledge of the river and exercised stewardship over it (River Valley cleared debris from the

river from time to time).

In disagreeing with the District Court, the High Court Judge noted that the key concept is “control” and the fact that

control is defined to include occupier does not mean that occupation per se is enough. Whilst he accepted that River

Valley did “occupy” the rapid during its operations, the actual time it occupied the rapid on each occasion was very

brief. The Judge ultimately rejected the argument that River Valley “controlled” the rapid noting:

It does not and cannot control flow or conditions nor can it control who uses or goes through the rapid. Certainly River Valley uses the river,

and does things consistent with control such as removing debris. But overall I am far from satisfied it can be said it controls the rapid. It

cannot give directions in relation to it, nor exercise any authority over it. Nature is the sole determinant of the rapid’s conditions and the public

is entitled to use it with or without River Valley’s say so.

Whilst the Judge’s decision does provide some guidance for the adventure tourism and outdoor education industries,

this finding is only relevant in determining the extent of an employer’s obligations under one particular section of the

Act. Operators obviously still have obligations to employees and other persons. For example, if MNZ had been able

to prove that one of the guides made an unsafe decision on the day due to insufficient training by River Valley, it

would likely have been successful in prosecuting River Valley under section 15 of the Act. Section 15 imposes a duty

on employers to take all practicable steps to ensure that no action or inaction by their employees harms any other

person.

Summary

The High Court has sent a clear message to MNZ and the Department of Labour that an employer’s obligations only

go so far – if the environment they operate in is incapable of being brought under their “control” then they do not have

duties or obligations under section 16. However, if River Valley had not taken all practicable steps to ensure its

customers and employee’s safety that day, it would have still been liable under other sections of the Act. Operators

should also take heed of the importance of regularly auditing their operating procedures, to ensure that they not only

meet industry standards but that they are actually being implemented in practice.

1 River Valley Ventures Limited v MNZ New Zealand 17 December 2010, Palmerston North High Court, CRI 2010-454-15, France J

2 Department of Labour v Diveco Limited (2004) 2 NZELR 72 (CA).


RIVER AND LAKE RECREATION RESEARCH WORKSHOP

NZRA was invited to attend a meeting/workshop on River and Lake Research. Since this was in mid winter and I was kicking around, with river work dying out, I put up my hand to attend this one. This meeting was set up by SPARC who is the organization funded for this research. The workshop brought a wide group of fresh water users at all ends of the scale together. Councils from Auckland and Nelson, DOC, Fish and Game, Jet Boating and Jet Boat Racing, Sailing, Kites and Windsurfing, walking access groups etc, etc…! Fish and Game noted that this was one of the first times they had seen such a wide range of fresh water user groups around a table at one time, and should happen more often. Once all introduced themselves the facilitators from Lindis Consulting (the consulting company hired to perform initial information research) set out the time line of the day and what their main objective was and the ideal way to keep everything on track. Overview of the day was a major brain storming event to work out what information/database is wanted by all these different users and governing bodies on our precious resource. Where all groups as a whole felt the most valuable information was lacking or required, to help aid which areas/topics would be best researched first! This is a massive topic, (and still very much a hard one for me to explain) to which this meeting really just scratched the surface with all involved. Hopefully SPARC gain some useful info from the pre research and as a whole create a better web of understanding and knowledge of what is happening out there in and around New Zealand’s fresh waterways. I think the awesome thing for us (NZRA, rafters,river boarders and guides) is that we are starting to get well recognized by these groups as a professional and informed organization of river uses, and we greatly appreciate being asked for our opinion and view. Also networking with the bigger more professional groups, who generally make decisions which affect us, without always consulting us, and being aware of the way decisions can affect our operations and nature the way we see it. Tim


WELCOME NEW

Well it’s mostly old names in the industry progressing up to the new!

Last season saw the introduction of two new companies, selling of one, and another one in

development for this season.

Ultimate Descents have brought out Whitewater Action Tours, in Murchison.

Bruce Thomas and Marty Thwaite have started up a new company called WILD RIVERS RAFTING.

They are operating on the Earthquake section of the Buller River. Their websie is:

www.wildriversrafting.co.nz.

Nathan Topp (Reefton) has started up his company INLAND ADVENTURES operating on the Grey

River. Website: www.inlandadventures.co.nz.

A new company to start up this season is ROTORUA RAFTING LTD. Sam Sutton hopes to have

Rotorua Rafting up and running in October operating on the Kaituna. His website is

www.rotorua-rafting.co.nz

JOB VACANCIES

Kia Ora,

Calling all professional Kiwi river guides and senior guides – Rafting New Zealand is looking to fill several positions for the upcoming 2011/12 season.

We are based in Turangi (southern lake Taupo) rafting the Tongariro River daily. We also raft on the

Ngaruroro, Wairoa and Kaituna Rivers. (Check out our site for more information www.raftingnewzealand.com )

If you consider yourself to be a professional, hard working, well presented guide - passionate about adventure & providing excellent customer service then this may be an opportunity for you.

We intend to be BUSY this summer so if you want to be part of an exciting workplace moving forward – email Luke direct at [email protected] (please attach a copy of your CV with references)

Nga Mihi,

Luke Boddington – Owner/Operator Rafting New Zealand

Documents

New Zealand Rafting Association · Day 1 to 3 - a "rescue course" for those who wish to learn an d refresh swift water rescue skills, culminating in a testing day to achieve the rescue