Newsletter: May 2005 (Note: all external links open in a new window)
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Proposed remit to the Special Executive Meeting following the 2005 AGM
That the NZHGPA have a professionally drafted "Memorandum of Understanding" or similar document for use by clubs when negotiating access to land that provides a clear summary or overview, in the event of an accident or incident by hang glider or paraglider pilots on either the ground or in the air, of limitations of liability to landowners, or removes liability to landowners, and/or the nature and extent of liabilities that cannot be contracted out.
Purpose
The purpose of such a MOU is to reduce or minimise any anxieties that land owners may have about potential liabilities that they may face as a consequence of allowing free fliers onto their property.
Background
The WHGPC has had a number of instances where approaches to landowners for access to new launch sites have been declined due to a concern about possible liability in the event of an accident, as a result of the Berryman and Le Race court cases.
SPARC has suggested having a simple legal document drafted which exonerates land owners from any liability in the event of an accident.
Below is a memo to Frazer Barton, of Anderson Lloyd Caudwell, which provides further detail. (Frazer represented Astrid Andersen in the Le Race case).
Costs
The estimate for likely costs is "... say $400 plus gst and disbursements"
Kris Ericksen
President
WHGPC
-----Original Message-----
From: Kris Ericksen [mailto:skf@paradise.net.nz]
Sent: Thursday, 21 April 2005 6:49 PM
To: Frazer Barton
Subject: Landowner liability
Dear Frazer
PROPOSAL
Request for advice from Anderson Lloyd Caudwell on likely costs
associated with preparing a "Memorandum of Understanding" or similar
legal document between unspecified private landowners and the Wellington
Hang Gliding and Paragliding Club (or the NZHGPA) regarding, in the
event of an accident or incident by hang glider or paraglider pilots,
either the limitation of liability to landowners, or the removal of
liability to landowners, and/or the nature and extent of liabilities
that cannot be contracted out.
BACKGROUND
The Wellington Hang Gliding and Paragliding Club has approached a number
of landowners to open up new flying sites. All have declined to give
permission due to concerns about legal liability in the event of an
accident or incident involving a hang glider or paraglider.
Explanations that recreational activities are specifically excluded from
OSH legislation and that it only applies where payment occurs, and that
criminal nuisance can only occur where someone knowingly provides
incorrect information or did not provide particular information when
they knew they should, has not assuaged landowners anxieties.
I wrote to Trevor Mallard, Minister of Sport and Recreation, last year
on this matter. No substantive response was ever received.
I subsequently approached SPARC as to whether they had an "information
sheet" that could be given to landowners on liability issues. They
referred me to the Standards New Zealand handbook "Guidelines for Risk
Management in Sport and Recreation". Alternatively, they suggested
having a simple legal document drafted which exonerates land owners from
any liability in the event of an accident. A copy of this
correspondence is below for your information.
ADVICE REQUESTED
1. Can you confirm that a "memorandum of Understanding" (or similar)
would be an appropriate or feasible mechanism for dealing with this
issue. If not, can you suggest alternative approaches to resolving this
problem?
2. Can you provide an estimate of likely costs associated with
preparing a "Memorandum of Understanding" regarding, in the event of an
accident or incident by hang glider or paraglider pilots, either the
limitation of liability to landowners, or the removal of liability to
landowners, and/or the nature and extent of liabilities that cannot be
contracted out?
Thanking you in anticipation
Kind regards
Kris Ericksen
President
Wellington Hang Gliding and Paragliding Club
------------------------------------------------------------
11 Koromiko Rd
Highbury
Wellington 6005
h: 04 938 6539
m: 021 116 4558
e: skf@paradise.net.nz
------------------------------------------------------------
-----Original Message-----
From: Michael Taylor [mailto:Michael.Taylor@SPARC.org.nz]
Sent: Tuesday, 19 April 2005 12:34 p.m.
To: Kris Ericksen
Subject: RE: NZHGPA application
Kris,
I have asked around regarding the issue below which you raised last
week. Our Business Improvement team have suggested looking at the
Standards New Zealand handbook "Guidelines for Risk Management in Sport
and Recreation".
You may have mentioned to me that you have already reviewed this but it
can be accessed on the SPARC website via the following link:
Or under the free download on:
If you have trouble accessing this document then let me know and I can
send a published hard copy.
Alternatively, and probably more likely, the only way around the problem
Hang Gliding are facing may be to have a simple legal document drafted
which exonerates land owners from any liability in the event of an
accident.
I hope this is of some help.
Regards,
Mike.
-----Original Message-----
From: Kris Ericksen [mailto:skf@paradise.net.nz]
Sent: Wednesday, 13 April 2005 12:19 p.m.
To: Michael Taylor
Subject: RE: NZHGPA application
Hi Mike
Thanks for the clarifications and offer to enquire about how to assuage
landowners concerns about liablity.
Regards
Kris Ericksen
*****************************
COPIED MESSAGE
-----Original Message-----
From: Frazer Barton [mailto:frazer.barton@alclegal.com]
Sent: Friday, 22 April 2005 2:29 p.m.
To: Kris Ericksen
Subject: RE: Landowner liability
Kris
I would say $400 plus gst and disbursements
Let me know what you think
Frazer
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