Tourism Law

TOURISM 

Introduction:

Tourism is important for New Zealand’s future economic growth. It contributes $18.6 billion to the economy each year—9% of New Zealand’s gross domestic product. It is also an important source of employment. One in every 10 New Zealanders works in the tourism industry. Tourism is our largest export sector. International visitors contribute $9.3 billion to the economy each year, which accounts for approximately 19.2% of export earnings. During the year ended January 2010, 2.4 million international visitors arrived in New Zealand. Domestic visitors are also a vital part of the tourism industry. They contribute $12.4 billion to the economy each year, and they help sustain tourism businesses during the low season.

Tourism is also an important source of economic growth for the South Canterbury area. Many people in the region provide essential tourist services, such as accommodation, passenger transport, adventure operations and food and beverage venues. With the provision of a diverse range of tourism services comes the related various legal issues, ranging from employment law to resource management.

 
RSM Law

At RSM Law we recognise the significance of the contribution that all who work in the tourism sector, contribute to the local economy.

We wish to raise awareness of these issues for, and provide assistance to tourism operators on such legal issues, relating to tourism and marketing.

 
Legal Issues to Consider:

They include, but are not limited to:

  • Employment: employment contracts, trading day laws, dispute resolution, PAYE, holidays, ACC levies, OSH compliance, work visas, unions
  •  Property: sale and purchase of property, leases, compliance with District Plan, RMA consents, DOC concessions, building consents
  • Activities: Instructor licensing, DOC concessions, safety plans, hunting and fishing permits/licences, passenger transport licensing
  • Hospitality: liquor licensing, food hygiene standards, fire safety
  • Promotion/Marketing: Fair Trading Act (deceptive/misleading advertising); Consumer Guarantees Act (goods and services to be of acceptable quality and fair price/value); Terms of Trade to be clear and not misleading, and available on request; offers, promotions, and competitions - what are the guidelines and restrictions?
  • Privacy Act Issues: collection, use, storage - of personal information; confidentiality; prohibition on disclosure to third parties.
  • Miscellaneous: easements etc for walkway access, the National Cycleway, insurance, OSH liability, smoking laws, certification for Qualmark etc; unsolicited emails and electronic communications. 
  • Overseas Investment consent/requirements.

Helpful Information/Research Sources:

Statutes involved:

  • Conservation Act 1987
  • Land Act 1948
  • Reserves Act 1977
  • Resource Management Act 1991
  • Historic Places Act 1993
  • Wildlife Act 1953
  • Sale of Liquor Act 1989
  • Food Act 1981, Food (Safety) Regulations 2002, Food Hygeine Regulations 1974
  • New Zealand Tourism Board Act 1991
  • Tourist and Health Resorts Act 1908
  • Occupiers Liability Act 1962
  • Health and Safety in Employment Act 1992, Health and Safety in Employment Regulations 1995
  • National Parks Act 1980
  • Fire Service Act 1975, Fire Safety and Evacuation of Buildings Regulations 2006
  • Fair Trading Act/Consumer Guarantees Act/Privacy Act
 
Publications:
  • “Guide to the Law for Tourism and Hospitality Students”, Anne Zahra, University of Waikato.
  • Travel and Tourism Law in Australia and New Zealand, Gary N Heilbronn
  • Tourism, travel and hospitality law, Trevor C Atherton and Trudie A Atherton
  • Tourism Business Magazine (NZ)
  • The International Travel Law Journal
  • Online reports from Tourism NZ
  • New Zealand Tourism Strategy 2015
 
Agencies:
  • CSIT/ADT - Timaru
  • Tourism New Zealand
  • Civil Aviation Authority
  • New Zealand Transport Agency
  • Maritime Safety Authority
  • Department of Labour
  • Department of Conservation
  • Qualmark
  • Tourism Industry Association New Zealand (TIANZ)
  • Hospitality Association of New Zealand (HANZ)
p_2.gif Contact Us
Phone: +64-3-687-9777 or 0800 776 529
Fax: +64-3-687-9797
E-mail: enquiries@rsm.co.nz
Address: 17 Strathallan Street, Timaru, New Zealand
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