The Minister of Justice requested this report regarding the liability of occupiers of land to recreational users permitted on their premises without payment of a fee. This is not a typical ALRI report, as a recommendation as to whether this aspect of occupiers’ liability law should be reformed is not given due to a lack of adequate information about the potential problem to be solved and resources to compile that information. The report suggests matters to be taken into account in making the threshold decisions as to whether the Occupiers’ Liability Act should be reformed. The report provides a brief summary of the current law of occupiers’ liability in relation to non-commercial recreational users who are invited to or permitted on premises, and also notes some reforms that have already taken place in this area. It also discusses some general matters that should be examined in deciding whether occupiers’ liability law should be reformed, and the different approaches that could be taken to amending legislation. There are six main areas to address in considering amending legislation: the premises to which the legislation could apply, the occupiers who could be covered, the types of recreational activities and entrants, the extent to occupiers who are compensated for use of their land, and the nature of the reduced duty that would be owned under the amending legislation.
Final Report
Back to Publication SearchOccupiers’ Liability: Recreational Use of Land, Final Report 81
Resource Details
Publication No: | 81 |
FORMAT: | Publications |
TAGS: | non-commercial, recreational, user, private, access, act, Land, occupier, public |
FILE: | fr081.pdf |