1 00:00:00,200 --> 00:00:02,960 Speaker 1: More movement from the government on the health and safety sector. 2 00:00:03,080 --> 00:00:05,240 Speaker 1: Yes it is a sector and yes that is a problem. 3 00:00:05,680 --> 00:00:08,840 Speaker 1: This time they are reassuring landowners that they will no 4 00:00:08,920 --> 00:00:12,720 Speaker 1: longer be responsible for recreational activities that they permit on 5 00:00:12,800 --> 00:00:15,640 Speaker 1: their land. This all comes after Facardi White Island. You 6 00:00:15,680 --> 00:00:21,680 Speaker 1: remember the court decision which the find the landowners alongside 7 00:00:21,760 --> 00:00:26,119 Speaker 1: the operators. Paul Javis, the EMA Workplace Safety manager with 8 00:00:26,200 --> 00:00:29,000 Speaker 1: us Hi, Paul Hi, Hell, are you good? Thank you, 9 00:00:29,040 --> 00:00:32,000 Speaker 1: Good to have you on the show. Just starting with 10 00:00:32,200 --> 00:00:36,080 Speaker 1: the landowners. Did the Facadi decision? Was that quite a 11 00:00:36,159 --> 00:00:38,040 Speaker 1: major for scaring people off? 12 00:00:39,680 --> 00:00:43,080 Speaker 2: I think I was because there were so many companies 13 00:00:43,120 --> 00:00:46,880 Speaker 2: that were prosecuted from the from the start said of them, 14 00:00:46,880 --> 00:00:51,440 Speaker 2: plead the guilty right up front, and several we're taken away. 15 00:00:51,479 --> 00:00:56,480 Speaker 2: But it was really the decision by the three brothers 16 00:00:56,520 --> 00:01:01,760 Speaker 2: to appeal there their condition that then the High Court 17 00:01:01,800 --> 00:01:05,560 Speaker 2: then said, well, it's it's while they owned the land, 18 00:01:05,640 --> 00:01:09,280 Speaker 2: they didn't actually work there. So it's all about was 19 00:01:09,400 --> 00:01:14,320 Speaker 2: work taking place there that the three owners were undertaking 20 00:01:14,640 --> 00:01:16,840 Speaker 2: and in that case it was none. 21 00:01:17,080 --> 00:01:20,560 Speaker 1: And but despite that, what effect did it have on 22 00:01:21,280 --> 00:01:25,360 Speaker 1: you know, on on land both recreational but also for 23 00:01:25,440 --> 00:01:26,720 Speaker 1: businesses around the country. 24 00:01:27,480 --> 00:01:30,479 Speaker 2: Yeah, well, I think because it's it's a high court 25 00:01:30,520 --> 00:01:34,360 Speaker 2: decision that that as sets the precedents. I mean, what's 26 00:01:34,360 --> 00:01:37,000 Speaker 2: been announced today kind of says the same thing that 27 00:01:37,560 --> 00:01:42,640 Speaker 2: where a farmer, for example, let someone onto the land 28 00:01:42,680 --> 00:01:49,480 Speaker 2: to do some activities recreational, go fishing, drive the cod bikes, whatever, 29 00:01:50,240 --> 00:01:55,240 Speaker 2: then the farmer themselves won't have any liability because they 30 00:01:55,280 --> 00:01:59,400 Speaker 2: aren't working on the on the area or or where 31 00:01:59,560 --> 00:02:03,080 Speaker 2: the cords being driven. So it really comes back to 32 00:02:03,120 --> 00:02:06,040 Speaker 2: that notion who creates the risk. In the case of 33 00:02:06,080 --> 00:02:08,680 Speaker 2: a quad bike, it's the person who's driving the quad bike. 34 00:02:10,639 --> 00:02:13,840 Speaker 2: The only parallel part to it is if the farmer 35 00:02:13,960 --> 00:02:19,160 Speaker 2: was working alongside where the quadlike was working, then the 36 00:02:19,200 --> 00:02:21,720 Speaker 2: farmer would have some duty them to inform the quad 37 00:02:21,720 --> 00:02:24,640 Speaker 2: bike people. I'm going to be cutting some grass down here. 38 00:02:24,840 --> 00:02:27,760 Speaker 2: There could be some plying stones. You need to be careful. 39 00:02:28,560 --> 00:02:32,280 Speaker 2: So it just clarifies those kind of boundaries, whereas in 40 00:02:32,480 --> 00:02:35,839 Speaker 2: the current situation there are no boundaries. And what we've 41 00:02:35,880 --> 00:02:40,120 Speaker 2: seen in the marketplace is that farmers, as an example 42 00:02:40,320 --> 00:02:44,200 Speaker 2: and others, we're taking a very risk averse approach in 43 00:02:44,400 --> 00:02:48,000 Speaker 2: that no one was allowed on the property. No clubs 44 00:02:48,000 --> 00:02:50,880 Speaker 2: were allowed on the properties because no one knew where 45 00:02:50,880 --> 00:02:51,639 Speaker 2: the boundaries were. 46 00:02:52,720 --> 00:02:55,360 Speaker 1: Do you expect this, Soul? I mean, how much of 47 00:02:55,360 --> 00:02:58,720 Speaker 1: a cost was this to business? And will you know 48 00:02:58,840 --> 00:03:00,840 Speaker 1: where we see a boost to growth from it? 49 00:03:02,000 --> 00:03:05,000 Speaker 2: Look? I think so, because the more we can get 50 00:03:05,120 --> 00:03:07,920 Speaker 2: back onto the land and clubs can do their activities, 51 00:03:08,080 --> 00:03:10,920 Speaker 2: people can go and do their recreational things. That's going 52 00:03:10,960 --> 00:03:14,119 Speaker 2: to free up and also let the farmers be far 53 00:03:14,200 --> 00:03:17,560 Speaker 2: more comfortable that where they aren't working on that particular 54 00:03:17,639 --> 00:03:21,040 Speaker 2: day when the activities taking place, they have no responsibilities, 55 00:03:21,680 --> 00:03:28,119 Speaker 2: whereas under the previous kind of undercurrent regime they might 56 00:03:28,160 --> 00:03:31,400 Speaker 2: have been caught into question. So what this change will 57 00:03:31,440 --> 00:03:35,120 Speaker 2: mean is that they will be able to carry on 58 00:03:35,200 --> 00:03:38,840 Speaker 2: doing their farming. The recreational people can do what they 59 00:03:38,880 --> 00:03:43,600 Speaker 2: need to do and it be very clear and both 60 00:03:43,640 --> 00:03:47,920 Speaker 2: parties can can live quite quite comfortably knowing that they're 61 00:03:47,920 --> 00:03:48,320 Speaker 2: doing there. 62 00:03:48,360 --> 00:03:52,280 Speaker 1: But individually, Paul, somebody's just ticked and Ryan, do I 63 00:03:52,360 --> 00:03:54,520 Speaker 1: smell common sense? Is that about summon up? 64 00:03:56,400 --> 00:03:59,600 Speaker 2: Well, we don't use common sense and health and safety 65 00:03:59,600 --> 00:04:02,200 Speaker 2: because of problem is it's too common and there's no sensident. 66 00:04:02,520 --> 00:04:06,960 Speaker 2: But I understand, but I understand this the sentiment of it. 67 00:04:06,960 --> 00:04:11,720 Speaker 2: It is about who's got the ability to control places 68 00:04:11,200 --> 00:04:13,440 Speaker 2: and who actually creates the risk. 69 00:04:14,040 --> 00:04:16,560 Speaker 1: Paul, appreciate your time. Paul jarvi Ema, workplace s actor 70 00:04:16,640 --> 00:04:20,200 Speaker 1: manager on the government announcement. For more from Hither Duplessy 71 00:04:20,240 --> 00:04:23,080 Speaker 1: Alan Drive, listen live to news talks it'd be from 72 00:04:23,160 --> 00:04:26,760 Speaker 1: four pm weekdays, or follow the podcast on iHeartRadio.