Newsletter: September 2003 back to September newsletter
Letter to owner's representative of Terawhiti Station
Dear Mr Grace
I have spoken to Mr Allan Hobbs, manager of Terawhiti Station, and he has referred me to you. Members of the Wellington Hang Gliding and Paragliding Club would like to seek permission to enter Terawhiti Station three or four times a year for the purpose of flying hang gliders and paragliders on the coastal escarpments in the vicinity of the Old Terawhiti Station at Tongue Point.
The club is relatively small, with about 15 active fliers. We have a number of flying sites throughout the Wellington and Wairarapa regions with most of these being on private property. The location of these sites can be viewed on our web site: www.hang-dog.co.nz. For your information I have attached the rules that apply to the Kourarau site. If permission were granted to access Terawhiti Station we would apply similar rules to our members, after discussions with you and Mr Hobbs. It is also proposed that verbal or telephone permission would be obtained from Mr Hobbs prior to each visit.
With regard to the Health and Safety in Employment Act 1992 (OSH) the relevant parts of the Act are sections 16 (3) iii and 16 (4). I attach this for your information. In summary, in relation to people undertaking recreation or leisure, where no reward or payment is obtained by you, you are required, if you know of any significant hazard that would not, in the ordinary course of events, be reasonably expected to occur on a farm, to take all practicable steps to warn visitors of the significant hazard. For example visitors to a farm can be expected to already aware of hazards such as bulls, heavy equipment operating, high slung wires, electric fences, bluffs, spraying, top dressing, shooting for pest control and other normal farming activities, and you are not required to warn of these activities or events. It is only where there is a hazard out of the ordinary sphere of events, e.g. a clay bird shoot or army exercises, that you have duties under the Act to warn visitors. In addition farmers and property owners are not responsible for ensuring that natural hazards or any risks associated with the recreational activity carried on by a visitor do not cause harm to the visitor or any spectators involved.
If required we can provide contact details of other property owners whose land we use so you can obtain references as to our activities and behaviour.
I trust that the above information is sufficient. If you have any queries please do not hesitate to contact me on either 938 6539, 021 1164558 or skf@paradise.net.nz
Thanking you in anticipation
Kris Ericksen
Air Space Officer
Wellington Hang Gliding and Paragliding Club
Kourarau
Rules pertaining to flying and observing on this property.
1. Site is closed between 1 June till Labour Weekend, because of access dangers when wet, and lambing in the spring.
2. The commonly used access route is as follows:up the drive and to the right hand side of the wool shed, diagonally across the holding paddock, down the track* to the creek and up the other side, straight ahead through the next gate and up the first ridge to the right. Thereafter through the gate and to the left of the water tank on the skyline and on to the launching area. All gates to be left as found.
3. HAZARDS TO BE AWARE OF:
o Tracks*, Access is not to be attempted unless ground conditions are suitably dry. Be especially careful of the track down into the creek, just after the holding paddock. Two 4WD's have been lost off this track. Beware of ruts, holes and rocks etc.
o Electric fences. To be kept away from at all times.
o Creeks, dams and troughs. To be kept away from at all times.
o Livestock. To be treated with respect at all times particularly cattle and farm dogs.
o Beware of aircraft topdressing or spraying in the vicinity.
4. Other Clubs. Any members from other clubs visiting the property are to be made of these conditions.
5. Children are to be supervised at all times while on the property.
6. No dogs allowed.
Health and Safety in Employment Act 1992
16.Duties of persons who control places of work
(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
(a)People in the vicinity of the place (including people in the vicinity of the place solely for the purpose of recreation or leisure):
(b)People who are lawfully at work in the place
(i)As employees of the person; or
(ii)As contractors engaged by the person; or
(iii)As subcontractors to a contractor engaged by the person; or
(iv)As employees of a contractor or subcontractor to whom subparagraph (ii) or subparagraph (iii) applies.
(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
(a)Who are in the place with the express or implied consent of the person; and
(b)Who
(i)Have paid the person (directly or indirectly) to be there or to undertake an activity there; or
(ii)Are there to undertake activities that include buying or inspecting goods from whose sale the person derives or would derive (directly or indirectly) any gain or reward.
(3)A person who
(a)Controls a place of work (other than a home occupied by the person); and
(b)Knows of any significant hazard that
(i)Is in, or is likely to arise in, the place of work; and
(ii)Arises from work that is being carried on, or has been carried on, for gain or reward in the place of work; and
(iii)Would not, in the ordinary course of events, be reasonably expected to be in, or to be likely to arise in, a place of work of that type; and
(c)Either
(i)Expressly authorises any other person to be in the place of work; or
(ii)Has personally received oral advice that any other person will, under the authority of any enactment, be working in the place of work; and
(d)Is not obliged, in relation to that other person, to comply with subsection (1) or subsection (2)
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) applies
(a)Must be given to that person at the time at which the express authority to be in the place of work is given to that person; but
(b)If the express authority is given in respect of a group of persons or a body of persons, whether corporate or unincorporate, it is sufficient if the warning is given at that time to a representative or member of that group or body of persons.
(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.
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