Whakaari Management Ltd v WorkSafe New Zealand - [2025] 2 NZLR 459

Health and safety at work — “Manage or control” a workplace — “Active” — Not to mean can choose not to exercise — Person actually possessed of control — Inherent dangerousness not to dictate analysis — No ability to control what happened after access — Licence agreements — No ability to direct and control day-to-day — Could not say “do not go” without reason — No evidence WML had actual practical management or control — Could not make decisions for walking tour operators — Health and Safety at Work Act 2015 s 37.

Health and safety at work — Whether no breach of duty — Risk arises from work place or work activity — Whether naturally occurring hazards reasonably foreseeable consequence of activity — Part of activity — Risk of unexpected dangers risk at work place — Landowners responsible to inform — Licence agreements discharged WML responsibilities — Not expected to second guess — Not reasonably practicable to obtain own risk assessment — Not reasonably practicable to undertake steps assessment would identify.

Health and safety at work — If breach caused damage — Would have additional information — Could not be said did not expose individual to risk of death or serious injury or illness.