Plain-English guide

Do waivers actually work in New Zealand?

Short answer: not the way they do in American films, and they're still worth having. Here's what a form can and can't do for a New Zealand activity operator, without the legalese.

Why "sign here and you can't sue us" doesn't translate

Most waiver wording on the internet comes from the United States, where an injured customer can sue the operator for compensation and a signed release is the operator's main defence.

New Zealand works differently because of ACC. Under the Accident Compensation Act 2001, if someone suffers a personal injury that ACC covers, they generally can't bring court proceedings for compensatory damages for that injury. That's true whether or not they signed anything. So the central job of an American waiver, blocking an injury lawsuit, is largely already done here by statute.

That bar isn't total. It doesn't cover everything (damage to property, for example), and in rare cases of outrageous conduct a court can still award exemplary damages. A form doesn't change those either.

Three things you can't sign away

Your health and safety duties

The Health and Safety at Work Act 2015 puts duties on a business to keep people safe so far as is reasonably practicable, and that includes customers. The Act says those duties can't be contracted out of. WorkSafe can investigate and prosecute regardless of what a participant signed.

Consumer guarantees

If you provide a service to a consumer, the Consumer Guarantees Act 1993 says it must be carried out with reasonable care and skill. You can't contract out of that for ordinary consumers.

Honesty

Under the Fair Trading Act 1986 you can't mislead people about their rights. A form that claims customers have "no rights whatsoever" risks doing exactly that.

So what is a form good for?

Quite a lot. It just isn't a force field.

• Proof that you told people the risks. Telling participants about the hazards is part of managing them. A dated, signed record that you did is far better than "we always mention it in the briefing".
• Agreement to your rules. Masks on. Helmets fastened. No alcohol. When someone has agreed in writing, enforcing the rules and removing someone who won't follow them is simpler.
• Information you need before something goes wrong. Medical conditions, injuries, pregnancy, an emergency contact. The form is the moment to ask.
• Parental consent. For under-18s you want a parent or guardian's agreement, not a twelve-year-old's signature.
• Property and conduct terms. Damage to your gear, loss of personal belongings, photo permission. These are ordinary contract terms and a form is the right place for them, within consumer law.
• A record for your insurer. Many liability policies expect you to collect and keep participant forms. Check what yours requires.

If you run a registered adventure activity

Operators covered by the Health and Safety at Work (Adventure Activities) Regulations 2016 have had a specific duty since 1 April 2024 to take all reasonable steps to tell people about the serious risks of the activity, both before they commit to taking part and again before and during it. A signed risk acknowledgement is one practical way to show the first part happened, and to show when. It doesn't replace the briefing on the day or anything else in your safety management plan.

WorkSafe publishes guidance for adventure activity operators at worksafe.govt.nz. If you're not sure whether your activity is covered, that's the place to check.

What to put in yours

1. The real risks, in plain words. Specific to your activity. "Being hit by paintballs, which sting and leave bruises" beats "inherent risks".
2. The rules that keep people safe. The ones you'd actually remove someone for breaking.
3. Health questions and an emergency contact.
4. Under-18s listed by name, with a parent or guardian signing for them.
5. An acknowledgement, not a surrender. "I've read and understood the risks and I'll follow the rules" is honest and useful. "I waive all rights" is neither.
6. Name, date, time and signature, stored somewhere you can find them again.

Is an electronic signature okay?

Yes. New Zealand's Contract and Commercial Law Act 2017 recognises electronic signatures for ordinary agreements, so long as the method adequately identifies the person and shows their approval, and is reliable enough for the purpose. A signature drawn on a phone, stored with the signer's name, contact details, the time and date, and the exact wording they saw, meets that for a participant form.

Privacy, briefly

A waiver collects personal information, sometimes health information, so the Privacy Act 2020 applies to you. In practice: only ask for what you need, tell people why you're collecting it, keep it secure, don't keep it longer than you have a reason to, and let people see their own record if they ask. A searchable digital record makes the last two much easier than a shed full of paper.

The short version

In New Zealand a waiver is evidence, not armour. It shows you did the right thing: you told people the risks, set the rules, asked the health questions, and got a parent's consent. That is worth having, and worth being able to find.

See the NZ templates →