Introduction

This Code of practice has been adopted by the Sea Kayak Operators Association of New Zealand (“SKOANZ”) effective from 1 May 1997. No other official or regulatory body has prescribed a comprehensive set of safety standards for commercial sea kayaking in New Zealand. The Code contains four components: Safety (the primary focus), Legislation, the Environment and Customer Service. Mandatory actions and principles are denoted “shall”. Other high levels of operation which are strongly recommended but not mandatory are also indicated (“should and “could”).

This Code sets out minimum safety standards and accepted industry practices for providers of guided sea kayak tour services and sea kayak rental services on exposed or potentially exposed coastal and inland waters of New Zealand.

1.   All SKOANZ members are required by the Association's Constitution to operate in accordance with this Code.

2.   Site specific variations and exceptions to this Code may be requested by members by application to the SKOANZ Committee. Should the variation or exception be granted, the member will be sent an addendum to their Code and the variation or exception will be announced to other members. (See Exemptions Process)

3.   For the purpose of this Code, the terms “exposed waters” and “potentially exposed waters” are defined as any body of water;
3.1   That is too deep for a person to stand on the bottom with head above water, or
3.2   Subject to wind speeds over 10 knots or with a reasonable chance of such winds developing, or
3.3    With water temperatures at or below 11 degrees Celsius, or
3.4    Subject to waves over 0.5    metres (excluding a 10 metre surf zone from a beach) or with a chance of such waves developing , or
3.5    Where currents or winds may carry a paddler into waters where the above conditions exist, or
3.6    In any situation where the possibility of drowning in the event of a capsize exists.

Your legal requirements  
This code is a minimum legal and operational standard and will have legal status when registered by Occupational Safety and Health Authorities. This Code will be registered / lodged with all appropriate regulatory and interested bodies including; Occupational Health and Safety, Adventure Tourism Council, Maritime Safety Authority, Department of Conservation, New Zealand Coastguard, Harbour Authorities and Regional Councils.This document and your operations plans will be used by inspectors and the coroner when reviewing an accident to measure and assess an operator's safety preparedness. It is anticipated that adherence to the Code will become an integral part of Concession and Consent granting and continuation in the future. Operators will be advised of and shall comply with future amendments to this code.

Compliance  
Currently no formal method of compliance monitoring exists. Membership of SKOANZ implies compliance with this Code of Practice. Notification of failure to comply or general concern, commonly occurs in two ways; complaints by clients to SKOANZ and notification by other SKOANZ members. Operators who are found to be in contravention of the Code will be investigated by SKOANZ. Failure to rectify the stated situation or repeated contravention will result in loss of membership to SKOANZ. In many cases loss of SKOANZ membership will gravely affect an operator's ability to operate where Concessions and Consents have been issued subject to membership of the appropriate industry body and compliance with their code.

Operations Plans  
All SKOANZ members shall maintain an up to date Operations Plan that details all operational areas of their operation. This plan should demonstrate how the provisions of the Code of Practice and other relevant documents are implemented within their business. Operations plans or relevant sections of shall be provided to all employees.

SECTION 1 SAFETY:

1.2. Equipment - General  
1.2.1   All equipment issued shall be of a design and materials suitable for the conditions.
1.2.2   All kayaks and equipment shall be maintained in good order to ensure their safe operation.
1.2.3    All kayaks shall be constructed and equipped so that they float level when the cockpit(s) is flooded. This requires either:
1.2.3   a Secured positive buoyancy at each end, or
1.2.3   b Fore and aft bulkheads with watertight hatch covers, or
1.2.3   c Pod cockpits with water tight hatch covers, or
1.2.3   d Sit on top kayaks with self draining cockpits.
1.2.4    All kayaks shall have decklines or handles that allow a swimmer to hold onto the kayak.
1.2.5    There shall be sufficient deck attachments to hold all external emergency equipment securely.
1.2.6    For specific detail on equipment to be carried/issued on trips: See also 1.16 Guided Tours or 1.17 Sea Kayak Rentals.

1.3. Health and Safety  
1.3.1   Every kayak operation shall have at least one person filling the position of Operations Manager. An Operations Manager shall hold as minimum, the SKOANZ Level One Guide Qualification, and have personal experience sea kayaking in the area where trips are operating.
1.3.2   An alternative staff member may be designated as “Acting Operations Manager” when the Operations Manager is unavailable. The “Acting Operations Manager” must be fully briefed on the responsibilities of the Operations Manager and be familiar with all Emergency Procedures.
1.3.3    The Operations Manager or Acting Operations Manager is responsible for overseeing clients and day to day safety and shall be contactable at all times.
1.3.4    Whenever a guided or rental trip is in progress the Operations Manager or person designated as Acting Operations Manager shall be aware of all trip details, including client numbers, estimated date and time of return and proposed route. That person should be aware of the emergency procedures as detailed in the operator's operational plan.
1.3.5    The employer shall take all practicable steps to maintain a safe working environment, provide for the safety of all people legally on site, train all employees, supervise their work practices, & ensure the safety of contractors and sub contractors. (Health and Safety in Employment Act 1992) “Practicable steps” is defined in the jargon guide. Such steps include the following four headings laid out below; demonstrate management commitment and train staff; identify and manage hazards; prepare a contingency plan; and manage accidents and incidents that occur in the workplace.
1.3.6    Employees shall take all practicable steps to ensure their own safety at work and not to cause harm to any other person. (Health and Safety in Employment Act 1992). The act applies not only to staff. Staff have a responsibility to ensure that they don't injure themselves or other people (eg customers) in carrying out that activity. This effectively means that no action or inaction causes harm to any other person, such as clients.

1.4 . Management Commitment and Training  
1.4.1   There shall be a general policy on Health and Safety. A guide on how to write such a policy is contained in the “Generic Operations Plan”. For more detail contact your local Occupational Safety and Health section of the Department of Labour.
1.4.2   Operators shall train staff in essential aspects of the Health and Safety in Employment Act, and designate a staff member who has completed the necessary training requirements, Health and Safety Co-ordinator in order to co-ordinate the health and safety of the operation. You can appoint yourself if required or could be a responsibility of the Operation Manager.
1.4.3    Operators shall provide some form of employee induction with sufficient training to cover all mandatory elements of this code and to enable them to carry out their job safely and competently. Customer service courses could be undertaken. Example Kiwi Host

1.5 . Emergency Plan   Operators shall have a contingency plan covering:
1.5.1   Every guided tour that goes beyond visual contact with a land based operations manager shall have an emergency communications plan.
1.5.2   A means of identifying location to emergency services and describing how they will obtain access to the site.
1.5.3    Procedures in the event of an accident or emergency. All staff shall be trained in and know how the system should operate in an emergency. You should be able to demonstrate that training or rehearsals have taken place.
1.5.4    The names and contact numbers of local emergency and support organisations.
1.5.5    Safety equipment relevant to the duration of the trip: See also 1.16 Guided Kayaking and 1.17 Rental Sea Kayaks.

1.6 Management of Accidents and Injuries  
1.6.1   All accidents or incidents affecting safety of clients or staff shall be reported to the operations manager who shall deal with the incident in accordance with the operator's operational plan.
1.6.2   An analysis of all accident/incident reports, recorded losses and incidents shall be undertaken by management regularly, to assess trends and potential problems. Preventative measures shall be established.
1.6.3    Operators shall record all accidents, incidents (refer “Jargon Guide” for definitions) and treatments involving staff or clients, and be able to demonstrate a system for doing so. For example you may keep a first aid book or daily log or an accident/incident register.
1.6.4    Operators shall report all serious harm to employees or customers to Occupational Safety and Health. Fatal accidents shall be immediately reported to the police. The Executive Officer of SKOANZ shall also be informed in event of serious harm or death.
1.6.5    Management shall investigate the causes of an accident and report serious accidents to the Department of Labour.
1.6.6    In the event of a serious accident or death, where possible, everything involved shall be retained until the investigation is completed by the appropriate regulatory authority.This applies whether or not you employ staff.

1.7 Hazard Management  
1.7.1   Operators shall identify and record the hazards and resulting events that could occur during the operation, with special note of hazards which could cause significant harm.This can be demonstrated by completing a list of hazards and specifying action that has been taken to eliminate , isolate or minimise significant hazards.
1.7.2   Management shall control these hazards, establish measures to eliminate, isolate or minimise significant hazards and communicate changes in any hazard to relevant parties.

1.8 First Aid  
1.8.1   Clients shall be offered the opportunity prior to an activity to declare any medical conditions to the trip leader in confidence.
1.8.2   All operating staff shall hold current First Aid certificates. You will be required to show current copies of certificates.
1.8.3    A first aid kit should be carried relevant to the duration and style of a trip.
1.8.4    Operators shall have a system for regularly checking and refilling first aid boxes.

1.9 Daily Operating Procedures Also see 1.16 Guided Tours and 1.17 Sea Kayak Rentals   
1.9.1   The operator shall develop daily operating procedures including:
1.9.1a    The criteria on which daily decisions will be made to proceed with a trip or not. Weather and hazard condition assessment.
1.9.1b    Staff briefing for the day's operations.
1.9.1c    Equipment checks required and the frequency of each.
1.9.1d    Client briefing on safety and instructions.
1.9.1e    Continuous monitoring to ensure client has understanding and control during the trip with appropriate instruction given in an appropriate manner.
1.9.1f   Customer feedback process on both compliments and complaints.
1.9.1g    Daily maintenance of facilities, and disposal of rubbish.
1.9.1h    Completion of records and staff de-briefing. Hazard changes, accident registers, staff timesheets. Critical incidents / events occurring during the day. Equipment status required before the next day's operation starts. Equipment maintenance work not completed but required before the next day's start.

1.10 Staff  
1.10.1   All positions within the company shall have a current job description, denoting the competencies and levels of skills required of any position. This information should be used as one of the components of the staff selection and training. A copy of the job description should be given to staff. The description should provide the details of the job role, including skill levels, responsibilities, competencies required, duties and identify the supervision and accountability.
1.10.2   Each member of the staff shall be covered by an employment contract that will reflect the policies and practices of management.
1.10.3    All Kayak Guiding staff shall hold a minimum qualification of SKOANZ Level One Guide An Exemption application could be made for a prospective guide who holds the Certificate of Competence and used as a transitional guiding qualification valid for one year from date of issue. This option has primarily been created to allow career pathways for guides who have been trained but whose logged experience is not yet sufficient to meet the SKOANZ Level One pre requisite.
1.10.4    All kayak guiding staff shall receive on water site specific training and orientation prior to commencing guiding duties.

1.11 Safety Staffing Levels  
1.11.1   Guide to client ratio should be set and not exceeded. Also see 1.16 Guided Tours
1.11.2   The operator shall set a policy regarding the minimum age for clients. Minors should be able to demonstrate the maturity, strength and ability to participate in a particular grade of activity.

1.12 Client Assessment Also see 1.16 Guided Tours and 1.17 Sea Kayak Rentals  
1.12.1   Staff shall be competent in matching clients to equipment.
1.12.2   Any person who, in the opinion of the operation's staff, represents a danger to themselves or others, shall not be allowed to participate in an activity.
1.12.3    The operator shall reserve the right to allow or decline clients who are pregnant, have handicaps or declared medical conditions from participating in the activity. The operator may also decline participants based on English language skills where lack of such skills may compromise the safety of the trip.
1.12.4    All clients shall be advised of clothing and footwear requirements before allowing them to begin an activity. No client with inadequate clothing or footwear shall be permitted to participate.
1.12.5    The management policy dealing with those clients who fail to reach a suitable level of skill and competence shall be made known to all staff and any clients who may be affected. For example, clients unable to demonstrate suitable control over equipment could be withdrawn from the trip.

1.13 Buildings and Amenities  
1.13.1   An operator providing facilities for visitors is liable for the safety of those visitors arising from the state of those facilities (Occupiers Liability Act 1962). Buildings, parking areas and toilet facilities should be free of hazards and in sound conditions.

1.14    Equipment Also see 1.16 Guided Tours and 1.17 Sea Kayak Rentals  
1.14.1   Operators shall specify equipment maintenance standards, with criteria for the regular checking and periodic replacement of equipment.
1.14.2   All equipment which requires repair shall be identified as such and isolated in such a manner as to prevent useage until it is repaired.

1.15 Transport  
1.15.1   Vehicles shall be in roadworthy condition and meet all Land Transport Act 1993 requirements.
1.15.2   When company vehicles are used to carry clients, the driver shall hold the relevant licence required for that vehicle. (Land Transport Act 1993   ) Staff driving a minibus or courtesy vehicle with 12 seats or under require a Class C licence. Those driving a vehicle with 13    seats or more need a Class D licence.
1.15.3    Where motorised or sail powered vessels are used to transport clients or equipment those vessels shall meet all Maritime Safety Authority regulations and be adequately crewed for the intended activity.

1.16 Guided Tours  
1.16.1   The term guide used in this Code refers to a SKOANZ Level One Sea Kayak Guide.
1.16.2   A guided tour is defined as “any sea kayak trip accompanied by a guide or leader where clients understand that person to have overall and final responsibility for risk management and group safety decisions”.
1.16.3    Where guiding from an accompanying vessel other than a sea kayak that vessel shall meet all Maritime Safety Regulations and shall be operated by a minimum of 2 persons one of whom should be a Sea Kayak Guide.
1.16.4    The maximum client to guide ratio on the water shall not exceed 8:1. The maximum number of kayaks a guide shall be responsible for on the water shall not exceed six. Guides should be responsible for less than this maximum when;
1.16.4   a Sea, weather or visibility conditions are poor, or
1.16.4   b the client group has less than an average ability (eg children or disabled adults).
1.16.5    Every guided tour shall be equipped with the following:
1.16.5a    A first aid kit, and
1.16.5b   A kayak and equipment repair kit, and
1.16.5c    Emergency food and drink, and
1.16.5d   Emergency shelter, and
1.16.5e    A correctly fitting spraydeck per person, and
1.16.5f    A correctly fitting buoyancy aid, with whistle, per person. and
1.16.5g    Spare dry warm clothes, and
1.16.5h    A spare paddle, and
1.16.5i    A bailing device per kayak and at least one bilge pump that can be operated with spray deck in place per group, unless the cockpit is of a self-draining design, and
1.16.5j    A minimum of two distress flares appropriate for the conditions, and
1.16.5k    It is desirable for every guided trip to be equipped with two waterproof maps, and
1.16.5   m Guides shall be equipped with suitable kayak towing device.
1.16.5    Every guided tour that goes beyond visual contact with a land based operations manager shall have an emergency communications plan.
1.16.6    Guides shall consult an up-to-date weather forecast prior to the launch of a guided tour. If tours are out longer than one day, guides shall have a means of obtaining weather forecast updates.
1.16.7    Every member of a guided tour shall receive the following before getting on the water, or as soon as possible after launching. Operators shall ensure instructions and emergency procedures have been understood:
1.16.7   a Instructions on the use and adjustment of kayaks, equipment and clothing being provided, and
1.16.7   b Information on what safety equipment is being provided, who is carrying it, and in what situations it will be used.
1.16.7   c Instruction on how to exit a capsized kayak and instructions on assisted deep water re-entry, and
1.16.7   d Information about the trip plan for the day, and
1.16.7   e Be asked whether they have any fears or disabilities or medical problems that may affect their ability to do the trip, and
1.16.7   f Information about any special cultural or environmental considerations for the area.
1.16.8    Before leading groups into an area guides must:
1.16.8   a Have previous personal experience kayaking that area, and
1.16.8   b Know the area's weather, tides and navigational hazards, and
1.16.8   c Know any special environmental considerations or regulations, and
1.16.8   d Be familiar with the types of kayaks and equipment being used.
1.16.9    While a guided tour is in progress the guide shall constantly assess weather and sea conditions and client capability.
1.16.10   The Operations Manager shall hold a trip plan and record of the following.
1.16.10a   The names and emergency contact details of the clients, and
1.16.10b   What kayaks and equipment were provided including identification, and
1.16.10c   The intended route plan and place and date of return.

1.17 Sea Kayak Rentals  
1.17.1   Sea Kayak rentals are defined as “the provision of sea kayaks and equipment for hire for monetary or other tangible reward where clients are not directly supervised while on the water”.
1.17.2   All rental clients shall undergo a screening process to assess their ability to cope with the likely responsibilities, challenges and risks they are likely to encounter. Screening shall include:
1.17.2a   Information about the responsibilities, challenges and risks involved, and
1.17.2b   Statements about the skills and experience necessary, and
1.17.2c   Questions about their skills and experience.
1.17.3    If the operator does not feel the clients are suitable for the activity, they shall not be accepted as rental clients. Operators shall ensure instructions and emergency procedures have been understood.
1.17.4    All rental clients shall be given a briefing at the start of their trip by a guide who has detailed knowledge and experience of sea kayaking in the proposed sea kayak area. Rental briefings shall provide the following : (Note clauses 1.17.4a to 1.17.4d inclusive do not apply to sea kayak rentals where the area the kayak is to be used is at the discretion of the clients).
1.17.4 a   Familiarisation with the map provided, and
1.17.4b    A description of local weather patterns, tides and currents and their effects, and
1.17.4c    Information on the facilities available in the area (such as campsites, huts, road-ends, telephones, safe landings, water supplies, etc), and
1.17.4d    Information on local hazards such as reefs and shipping lanes, and
1.17.4e    Information on environmental care, and
1.17.4f    Instructions on the use of emergency equipment such as bailing devices, flares, spare paddle, and
1.17.4g    Advice on what personal clothing, equipment and camping gear is appropriate for the area, and
1.17.4h    Information on how to raise outside assistance in an emergency or how to contact the operations manager, and
1.17.4i    Instruction on how to use, fit or adjust kayaks and equipment such as spraydeck, rudder pedals and buoyancy aid, and
1.17.4j    Information on how to deal with rough waters and or strong winds, and
1.17.4k   Information on capsize and wet exit techniques and deep water re-entry methods, and
1.17.4l    Information on surf landings and launching if appropriate, and
1.17.4m    Information on paddling and steering.
1.17.5    Where clients are experienced kayakers or return clients some of the requirements of Clause 1.17.4    may be abbreviated.
1.17.6    Every rental group shall be provided with the following (clause 1.17.6   h does not apply to sea kayak rentals where the area the kayak is to be used is at the discretion of the clients).
1.17.6a    A well maintained kayak and equipment that is properly adjusted for the user, and
1.17.6b    A paddle per person, and
1.17.6c    A correctly fitting spraydeck per person (except if the kayak is a “sit on top” design, and1.17.6   d A correctly fitting buoyancy aid, with whistle per person, and
1.17.6e    A spare paddle, and
1.17.6f    A bailing device per kayak and at least one bilge pump that can be operated with spray deck in place per group, unless the cockpit is of a self-draining design, and
1.17.6g    A minimum of two appropriate distress flares per group or one appropriate distress flare per kayak if only one kayak is being rented, and
1.17.6h    A minimum of two waterproof maps.

1.17.7    The operations manager shall hold a written & signed trip plan (intentions form) recording the following:
1.17.7a    The names and addresses of rental clients, and
1.17.7b    What kayaks and equipment were provided including identification, and
1.17.7c    The intended route plan and place and date of return.
1.17.8    Operators shall not rent kayaks to solo paddlers unless they are joining other experienced kayakers or the operator has first hand knowledge of their kayaking skills and experience and are satisfied with their ability for the proposed trip.

1.18 Night Kayaking  
1.18.1   For the purpose of this Code “night” is defined as “one hour after sunset and one hour before sunrise”.
1.18.2   Renting sea kayaks for night kayaking is prohibited unless renting to SKOANZ approved operators.
1.18.3    Where a multi-day trip is operating in sheltered water with minimal other sea traffic a night trip may be run within 200 metres from the shore. Every participant must have a torch attached to their bouyancy aid.
1.18.4    For guided night kayaking the maximum number of kayaks each guide shall be responsible for is four. If double kayaks are used then the maximum client to guide ratio will be 8:1.
1.18.5    While night kayaking, every kayak shall display a fixed all-round white light mounted at least one metre from the deck.
1.18.5a    The guide's light should be blue in colour or they should display an additional visible light system to enable clients to easily identify the guide from other group members.
1.18.6    Photoluminescent paint or reflectorised adhesive tape should be added to the rear side of paddle blades.
1.18.7    Each buoyancy aid shall be fitted with an emergency light capable of a minimum of five hours light.
1.18.8    For scheduled night kayaking involving crossing shipping lanes or areas with constant or high useage by motor boat traffic the following additional safety measures shall be implemented:
1.18.8a    Each kayak shall be fitted with a waterproof powerful handheld type torch and guides should carry a high powered spotlight.
1.18.8b    One kayak in the group shall have a radar reflector mounted at least 1 metre above deck, and
1.18.8c    A Marine VHF transceiver shall be carried by a guide, switched on and monitoring Channel 16 or an appropriate local channel, and
1.18.8d    Where service is available, a trip report shall be radioed in prior to kayaking in a high useage area.
1.19.9    The guide shall check all lighting systems prior to leaving the shore. The guide must carry spare batteries and bulbs for all types of electric lighting being utilised.
1.19.10   All clients shall be instructed in the use of lighting systems.
1.19.11   All clients with hearing impairments shall be in a double kayak with a person with good hearing.
1.19.12   Night kayaking must not operate when average wind speeds exceed 20 knots.

1.20 Notes  
1.20.1   At the time of writing there is only one sea kayak guide qualification recognised by commercial operators in New Zealand.
1.20.1a   SKOANZ Level One Sea Kayak Guide. This guiding qualification allows for full guiding responsibilities and operations management.
1.20.2   There may be sea kayaking qualifications in other countries that are equivalent to the SKOANZ Level One Sea Kayak Guide. The SKOANZ Committee has the power to investigate such qualifications and rule whether they will be accepted as equivalents for the purpose of this Code.

SECTION 2 LEGISLATION:

2.1 Safe Operation:  

1. Accident Rehabilitation and Compensation Insurance Act 1992 / July 1999
2. Building Act 1991
3. Food Hygiene Regulations 1974
4. Health Act 1956
5. Health and Safety in Employment Act 1992
6. Land Transport Act 1993
7. Occupiers Liability Act 1962
8. Local government Act 1974
9. Maritime Transport Act 1994
10. International Collision Regulations
11. Water Recreation Regulations
12. General Harbour Regulations
13. Individual Harbour Board Bylaws. 14. The Employment Contracts Act 1991
15. The Holidays Act 1981
16. The Privacy Act 1993

1. Conservation Act 1987
2. Historic Places Act 1993
3. Local Government Act 1974
4. Marine Reserves Act 1971
5. National Parks Act 1980
6. Reserves Act 1977
7. Resource Management Act 1991
8. Marine Mammals Protection Regulations 1992
9. The Fisheries (Amateur Fishing) Regulations 1986
10. Marine Recreation Fishing Rules
11. Fishing Codes of Practices.

1. Commerce Act 1986
2. Consumer Guarantees Act 1993
3. Fair Trading Act 1996

SECTION 3 ENVIRONMENT:

3.1 10 Point Environmental Care Code  
The Operations Procedure shall incorporate all elements of the Environmental Care Code into company's policies:
3.1.1    Operators shall protect plants and animals, and treat New Zealand's forests and birds with care and respect.
3.1.2    Operators shall remove rubbish and carry it out in bags or containers.
3.1.3    Operators shall keep streams, lakes and sea shores clean by washing well away from the water source, draining used water into the soil to allow it to be filtered, and either boiling any potentially contaminated water for at least 3 minutes, filtering it, or chemically treating it.
3.1.4    Toilet breaks on a beach or trail shall be taken well away from water supplies, and waste shall be properly buried around 150 millimetres in depth and 50 metres from fresh water, tracks, campsites or beaches or removed. On overnight camps, suitable toilet facilities should be provided. On trips of duration longer than 1 day, clients shall be briefed on hygienic toilet/waste/sanitary disposal.
3.1.5    Operators shall take care with fires, keeping them small, using only fuel they have brought with them or dead wood, and ensuring the fire is out by dousing it with water and checking ashes before leaving. Fires shall be in authorised zones, approved fire places, and seasons only.
3.1.6    Operators shall camp carefully, leaving no trace of their visit.
3.1.7    Operators should keep to the track, lessening the chance of damaging fragile plants.
3.1.8    Operators shall consider other visitors who also have a right to enjoy the environment.
3.1.9    Operators shall respect our cultural heritage, treating places with spiritual and historical significance with respect taking care to protect such areas from damage by the public.
3.1.10    Operators shall leave the outdoors unblemished for the next visitor.

3.2 Fishing   
3.2.1   Customers should be encouraged to fish for only what they can eat and to stop fishing when that has been achieved. New Zealand's fish stocks in most areas are seriously depleted from over fishing by both recreational and commercial interests.
3.2.2    Where fishing equipment is provided hooks should be of the large barbless type to allow for easy release of unwanted fish and reduced chance of catching large quantities of the small non eating 'bait" fish which are an important part of the food chain for larger fish. Lines should only have one hook. Barbs on hooks can easily be removed by flattening with a pair of pliers.
3.2.3    Customers need to be clearly instructed on behaviour in Marine Reserves and maps should clearly mark their presence.
3.2.4    Respect fish - treat what you catch humanely.
3.2.5   Instruct customers on local Fishing Codes of Practice.

3.3 Marine Mammals  
3.3.1   If Marine Mammal encounters are a regular or anticipated part of your trips your operation must hold a Marine Mammal Permit. It is illegal to advertise Marine Mammal encounters if you do not hold a Marine Mammal Permit. Apply to the Department of Conservation.
3.3.2    Ensure all staff and sea kayak rental clients understand the rules for approaching and behaviour around Marine Mammals. It is illegal to commercially swim with whales.

3.4 Consents  
3.4.1   Operators shall obtain access consents and concessions prior to operation on any land or waterway other than that owned or leased by the operator, including land managed by the Department of Conservation (Conservation Act 1987)
3.4.2    A licence or permit shall be obtained to undertake the activity and erect signs where it is required by a consent authority, such as the Department of Conservation or a Regional or District Council (Local Government Act 1974).

3.5 Special Land Uses  
3.5.1   An operator considering undertaking activities such as building, or taking water from a stream, shall comply with the objectives, policies and rules in the regional and district plans which seek to manage the natural and physical resources of the area (Resource Management Act 1991).
3.5.2    An operator undertaking activity in a National Park, Reserve or Marine Reserve shall comply with the requirements, principles and specific controls administered by the Department of Conservation (National Parks Act 1980, Reserves Act 1977, Marine Reserves Act 1971).

3.6 Impact on Environment  
3.6.1   The operator shall identify the impact of their operation on the environment, other users of the land or waterways and the facilities, then detail what processes will be introduced to minimise the impact of its operation on these three elements. A list similar to the Hazards list should be developed.
3.6.2    Provision shall be made for the placing and collection of rubbish both during trips and at the base area.

3.7 Cultural  
3.7.1   Operators shall comply with any restrictions on their activities on or adjacent to a protected site (Historic Places Act 1993). Check with you Historic Places Trust and with your regional and district councils to verify if your property and operational area includes historic or cultural sites of importance.

3.8 General  
3.8.1    All kayaking groups should be provided with a toilet shovel and instructed on its use when visiting areas where normal toilet facilities are limited.
3.8.2    If motorised support vessels are used as part of your operation ensure refuelling is carried out in such a manner as to avoid fuel spills.
3.8.3    All support vessels equipped with toilets and showers should be equipped with sewerage holding tanks. Holding tanks shall be emptied at harbour sewerage facilities or where that is not possible in open coastal water.
3.8.4    Owners and skippers of support vessels should be aware of the impact that those vessels may have on other users and should navigate them in such a manner as to minimise this.
3.8.5    Operators should train staff in environmental interpretation to give added depth and meaning to trips where this is an appropriate component of that trip. Clients who have gained knowledge of the environment are in a much stronger position to becomes advocates for it at some future stage. This may be important in helping protect the area in which you kayak.
3.8.6    Operators should take a pro-active part in environmental protection in the areas in which they operate. This could include trying to put something back into or trying to enhance the natural environment or responding when public submissions are called for on environmental issues.
3.8.7    Operators who include snorkelling and diving in their trips should instruct customers on appropriate behaviour when in contact with marine flora and fauna. For examples corals and crustaceans should not be handled.

SECTION 4 CUSTOMER SERVICE:

4.2 Pre-Trip Contact  
4.2.1   Operators should deal promptly and courteously with all enquiries, requests, reservations, correspondence and complaints from participants.
4.2.2    The company shall ensure that all aspects of its product are communicated clearly and accurately to the clients. An operator must not advertise or conduct business in a misleading way, or misrepresent any part of their service offering (Fair Trading Act 1996) The details of payment shall be represented fairly to the client. You should not exaggerate or use words which can not be substantiated eg if there has not been any independent survey, you could not say "No 1..." or "fastest" . you should not guarantee people will see something if it is not certain.
4.2.3    Operators shall ensure they do not act in anti competitive ways (Commerce Act 1986). Prohibited practices include price fixing (setting common prices) with other operators, and using a dominant market position to restrict the entry of competitors or eliminate competition from a market.
4.2.4    Operators shall provide readily-available and easy to follow directions on how to find the activity location.

4.3 Greeting and Briefing See also 1.16 Guided Tours and 1.17 Sea Kayak Rentals  
4.3.1   Information provided to the client shall detail the risks. Clients shall be advised of the level of difficulty and given the opportunity to decline participation.
4.3.2    The client shall be briefed on the environmental care code and waste management.
4.3.3    Details of each client's contact address or contact person with phone number in case of emergency, and medical information, should be requested of the client and recorded as required by the operator.

4.4 Instruction See 1.16 Guided Tours and 1.17 Sea Kayak Rentals  

4.5 Customer Satisfaction and Complaints  
4.5.1   All staff shall be trained in your complaint handling procedure and policy.The procedure should cover listening, accepting the customers feelings, clarifying the facts, taking action, being prepared to refer complaints upwards, remaining calm & helpful. Operators could seek complaint handling skills by participating in a training course.
4.5.2    In cases where service problems cannot be resolved, the consumer can refuse to pay, pay less than agreed, claim back some or all of the money paid, or claim compensation (Consumer Guarantees Act 1993).
4.5.3    Operators should have in place, and advise customers of, the opportunity to provide feedback. this feedback should be taken into account in future operational planning. Example Satisfaction survey which could help determine any aspects that are particularly favourable as well as those deemed unsatisfactory by clients.
4.5.4    Management should meet with staff on a regular basis to obtain their feedback on ways the operation could be improved and to convey suggestions which would contribute to safe operation and enhanced customer service.

To print a full copy of the Code of Practice  CLICK HERE.