Sold by you, or booked by the guest. If a guest spends a free afternoon booking a bungee jump directly with the provider, that's a contract between the guest and that provider. If you sell the jump, schedule it into the itinerary or take a commission, it starts to look like part of your tour. At least one endorsement we place excludes injury arising from bungee, heli-hiking, rafting, parachuting and the other listed activities, so get the underwriter's view before you sell any of them.
Claims can follow the seller home. In a 2021 decision, a US federal court allowed a traveller who said she fractured a vertebra on a New Zealand beach bus day trip to pursue negligence and misrepresentation claims against the booking platform she bought the tour through. The 2021 ruling made no findings on the facts. The case turned on US law and a US platform, but it shows a claim can be brought against a business in the booking chain, in the traveller's home country. At least one wording we place excludes claims brought in a US court or under US law, so tell the underwriter if you sell to American guests.
Check the register. New Zealand regulates paid adventure activities, meaning guided activities designed to deliberately expose participants to a serious risk that the provider must manage. Under the Health and Safety at Work (Adventure Activities) Regulations 2016, an operator must pass a safety audit and be registered with WorkSafe New Zealand before offering them, and a safety audit certificate lasts no more than three years. Amended regulations took effect on 1 April 2024, after the reviews that followed the Whakaari eruption. WorkSafe keeps a public register, so check any New Zealand activity provider on it before you point guests to them. That check is about choosing suppliers. It doesn't bring an excluded activity inside your policy.
Evidence of your checks. Keep each New Zealand contractor's certificate of insurance on file, renewed yearly, with a note of how you chose them. Brief guests before every activity on what's included in the tour, what they're booking themselves and what their travel insurance needs to cover. Written terms that match what happens on the ground are worth more than a long waiver. See our guides to contract guides, coach companies and suppliers, what's covered and what's excluded and waivers and booking terms.