Comments

  • Court decision: agree or disagree?
    A business can't be all income with total disregard to how that money is made - that leads to all kinds of depraved, corrupt and unethical outcomes. Hence the international growth and demand for ESG, and concern around a "social license" to operate, and what that entails without a right to sue.

    Just on a superficial understanding formed from media reporting I agree, based on the following:
    - they make income from an activity,
    - can restrict access to the site,
    - licensed the operators as approved (I think?),
    so do have an ability to influence safety around a known "real risk" hazard.

    Trips to an uninhabited/deserted island in and of itself may be a drawcard, but "the hazard and perceived risks" provides additional attraction (especially as it was key marketing message), and so a premium to the amount the punters were charged and were willing to pay.

    The punters had no ability to give "informed consent" to being exposed to a real hazard with real risks (regardless of that being illegal 'contracting-out' in NZ anyway), because of their reasonable expectation that in a "first-world" country famous for inventing the bungy, real risk would be managed.

    Bungy jumping by comparison has only a "perceived risk" hazard because the "real risks" are so well addressed in the activity's controls. It was the lack of those effective controls in so much of NZ's Adventure Tourism industry that led to the recent need to specifically legislate the industry in the first place. Yet the concept and some guidance has been around since at least the 1980's - e.g. Mountain Safety Council books on a range of activities, and a Risk Management Manual, that were readily available. (In my opinion the way they included psychosocial risks, known as "loss of effect" - where someone had an adverse psychological outcome to their Adventure through physical harm, fright, or property damage, has been a major issue (in their absence) in subsequent risk management theory/practice or legislation, and are equally valid in the workplace issues of today).

    In the same way that fairground rides "appear" to be dangerous and exciting, there is a reasonable public expectation that some regulatory body has robust oversight to ensure that risk is only an appearance. Also that those who have a say in whether that fairground or carnival is allowed to operate (e.g. Councils, Schools) will ensure it is safe and otherwise also be liable if actual harm results.

    Q: Bouncy castle ride anyone?
    A: What's the wind doing?