Landowner Liability Waiver Template for New Zealand

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Key Requirements PROMPT example:

Landowner Liability Waiver

"I need a Landowner Liability Waiver for my adventure tourism property in Queenstown, specifically covering hiking and rock climbing activities, with additional provisions for equipment rental and guided tours starting from March 2025."

Document background

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.

Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

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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