The Landowner Liability Waiver is essential for New Zealand property owners who allow third parties to access or use their land for various purposes, whether recreational, commercial, or educational. This document becomes particularly important in the context of New Zealand's unique legal framework, which includes the Occupiers' Liability Act 1962 and the ACC scheme. The waiver helps protect landowners from potential liability claims while ensuring transparency about risks for visitors. It's commonly used for properties that host recreational activities, educational visits, tourism activities, or allow public access for specific purposes. The document typically includes detailed property descriptions, permitted activities, known hazards, and emergency procedures, all tailored to comply with New Zealand law and best practices in risk management.
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1. Parties: Identification of the landowner/occupier and the person(s) signing the waiver
2. Background: Context of the waiver, including purpose of access and general nature of the property
3. Definitions: Key terms used in the waiver including 'Property', 'Activities', 'Hazards', 'Claims'
4. Risk Acknowledgment: Explicit acknowledgment of risks associated with entering and using the property
5. Assumption of Risk: Statement that the visitor voluntarily assumes all risks associated with property access
6. Waiver and Release: Core waiver language releasing the landowner from liability for injuries or damages
7. Indemnification: Visitor's agreement to indemnify the landowner against claims arising from their use of the property
8. Emergency Contact: Visitor's emergency contact information and medical conditions if relevant
9. Governing Law: Specification that the waiver is governed by New Zealand law
10. Execution: Signature blocks and date of signing
1. Commercial Activities: Additional provisions for cases where the property is used for commercial purposes, addressing Health and Safety at Work Act requirements
2. Minor Participants: Additional provisions when the waiver covers minors, including parent/guardian consent
3. Specific Hazards: Detailed section addressing particular known hazards on the property
4. Photography Release: Optional clause regarding permission to photograph on the property
5. Term and Termination: For ongoing access arrangements, specifying duration and termination rights
6. Insurance: Requirements for visitors to maintain their own insurance coverage
7. Equipment Use: Provisions regarding use of any equipment provided by the landowner
1. Schedule 1 - Property Description: Detailed description of the property covered by the waiver, including boundaries and access points
2. Schedule 2 - Permitted Activities: List and description of activities permitted under the waiver
3. Schedule 3 - Known Hazards: Comprehensive list of known hazards present on the property
4. Schedule 4 - Safety Rules: Specific rules and safety procedures that must be followed while on the property
5. Appendix A - Emergency Procedures: Emergency contact numbers and procedures to follow in case of accidents
6. Appendix B - Property Map: Map showing property boundaries, access points, and marked hazard areas
Relevant legal definitions
Clauses
Relevant Industries
Agriculture
Tourism
Recreation and Sports
Forestry
Education
Real Estate
Hospitality
Adventure Tourism
Conservation
Events Management
Relevant Teams
Legal
Risk Management
Operations
Property Management
Health and Safety
Compliance
Facilities Management
Customer Relations
Administrative Support
Event Management
Relevant Roles
Property Manager
Risk Management Officer
Legal Counsel
Operations Manager
Facilities Manager
Farm Manager
Estate Manager
Health and Safety Coordinator
Tourism Operations Manager
Events Coordinator
Compliance Officer
Land Administrator
Recreation Manager
Property Administrator
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