News
Whakaari White Island case a turning point for recreational access
May 07, 2025
Aotearoa Climbing Access Trust (ACAT) sought to intervene in the case on behalf of the outdoor recreation community. ACAT’s core argument was that responsibility for health and safety in recreational activities should sit with the people doing or providing the activities, not with landowners or managers who merely allow access to their land. Making this distinction was essential to combat the trend of access closures.
The Court granted ACAT’s application to intervene and subsequently agreed with ACAT’s submissions, in a judgment that clarified the law and should resolve liability concerns for most landowners. In summary, the Court found that:
- Merely providing access to their land does not make landowners responsible for managing the risks associated with recreational activities or make them liable for any accidents.
- This holds true whether the activities are personal or commercial, and even if the landowner charges an access fee or sets reasonable access conditions.
Read the full article
https://www.acat.org.nz/access/whakaari-white-island-case-a-turning-point-for-recreational-access