Illegal base jumping

[spencer 0]

Please could someone tell me if doing a base jump of a cliff in New zealand would be ILLegal????.
No I'm not going to do one, Id just like to know.
thanks eddie.

[TomAiello 26]

It probably depends on the actual location of the cliff. I believe that NZ has followed the US and Australia in outlawing BASE in national parks. But there are plenty of cliffs in those countries that are not in national parks.

If you want a more specific answer, I'd recommend looking here for people who might know more specifics about NZ.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[bigway 4]

A mate of mine who does BASE back home in new zealand tells me that the only thing illegal about it is 'tresspassing'.
A group of people i met did a legal BASE of a bridge for the millenium as well. I am also pretty sure that they have a festival each year with BASE, speed handgliding and stunt paragliding.

As long as you are not trespassing, i am to understand it is legal.

edit: site names ~TA

.Karnage Krew Gear Store
.

[Faber 0]

stopping at highways are illegal,disturping the peace is illegal.

if they really want to mess whith you..

Stay safe
Stefan Faber

[Ken 0]

Quote

I believe that NZ has followed the US and Australia in outlawing BASE in national parks.

The current legislation, in New South Wales (Eastern Australia) allows for permits to be applied for to B.A.S.E. Jump in National Parks. The N.P.W.S. have a 'management policy' on the sport that says it will not issues permits under any circumstances. If it ever gets tested in a court of law I feel the N.P.W.S. would find it hard to justify that an internal document could possibly have more clout than the legislation.

On the civil law front the N.S.W. criminal Act requires that the charge states the name/s of the person that was endangered by any person that was egressing a building using a parachute. Also if no-one actually saw you exit and land you probably didn't do it.

Break, enter and tresspass are other issues that have specific defences.

So, in reality B.A.S.E. is NOT illegal in a N.S.W. National park. It does require a permit to do it within the law.

B.A.S.E. jumping from a building is not illegal in N.S.W.
Break, enter, tresspass and endangering other people is though.

Cheers,

Ken.

AB#78 IB#751 BF#???
ken@basejump.org

[TomAiello 26]

Quote

So, in reality B.A.S.E. is NOT illegal in a N.S.W. National park. It does require a permit to do it within the law.

This is technically the same as US National Parks. It's technically legal, if you get a permit, but the NPS management policy is not to issue permits (except for the one each year for Bridge Day).

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[op5e 0]

Hi Ken,

Thanks for your informative post. I was just wondering if any permits have been granted for specific events etc.. in the past. Btw feel free to PM me if you do not want to hijack the thread etc..

[mr2mk1g 10]

Quote

The current legislation, in New South Wales (Eastern Australia) allows for permits to be applied for to B.A.S.E. Jump in National Parks. The N.P.W.S. have a 'management policy' on the sport that says it will not issues permits under any circumstances.

If what you indicate is correct, and you can prove it (or they’re stupid enough to admit it), then I suspect it would be extremely unlikely to stand up in court.

What they park service is doing is “fettering” their discretionary right to grant permits through the adoption of a blanket policy. Such action unlawful and the courts are likely to come down on them like a ton of bricks were it ever challenged.

Such a challenge however may not necessarily come about as part of a defense to being prosecuted in relation to BASE jumping without a permit (more usually it would come to court through an application for Judicial Review)… but it’d almost certainly be worth a shot.

That is based on UK law but I'm pretty sure it would hold true for OZ given our Privy Council links.

[subterminal 0]

Please PM me if you would like to get in touch with a Kiwi jumper. Used to live in NZ, and did a few jumps there. To the best of my understanding tresspassing is an issue, but apart from that you are good to toss yourself off whatever you find suitable.

CJ

[TomAiello 26]

Quote

What they park service is doing is “fettering” their discretionary right to grant permits through the adoption of a blanket policy. Such action unlawful and the courts are likely to come down on them like a ton of bricks were it ever challenged.

Such a challenge however may not necessarily come about as part of a defense to being prosecuted in relation to BASE jumping without a permit (more usually it would come to court through an application for Judicial Review)… but it’d almost certainly be worth a shot.

Would you have to apply for (and be denied) a permit in order to use this argument?

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[ojf1982 0]

Yes, I think. Im a prelaw major. an action must have occured for you to seek a remedy

The edge ... there is no honest way to explain it because the only people who know where it is are those that have gone over - Hunter S. Thompson

[NickDG 23]

NZed 1993 or so . . .

I broke my legs jumping from a Bridge in Hamner Springs in New Zealand (I'll always call it Hammer Springs) and when I asked the bungee operator if I could BASE jump from his Bridge, he said, "Sure mate, what can we do to help?"

It was 120-feet and I jumped downwind and never got my canopy flying. I crashed into the only rocks there were on a big sand bar . . .

My two mistakes were being too horny to jump, and not walking the landing area.

Don't do this . . . ever!

NickD BASE 194

[pBASEtobe 0]

I like that sign on the back of the wheelchair. I might want to put one like that on mine.

[Naptown 0]

Wow! I think I remember reading the story of that jump a few years ago on the BB, good to see some pictures of it and your positive outlook at the hospital!

I've been thinking about the picture of the person holding the Direct Bag, I understand how they work but have never seen one. I was always under the impression the person just makes a strong grip on the loops or handles instead of wrapping them around the wrists. I know it's a long shot but what if for some unforeseen reason the canopy snags or jams up in the bag, it could potentially pull the person holding the bag over the edge? I'm sure it's not very likely but you never know.
That would not be a pleasant situation.

[tfelber 0]

Man, you must have really trusted that girl!!! Talking about putting your life in someone else's hands...

[vid666 0]

Quote

Wow! I think I remember reading the story of that jump a few years ago on the BB, good to see some pictures of it and your positive outlook at the hospital!

I've been thinking about the picture of the person holding the Direct Bag, I understand how they work but have never seen one. I was always under the impression the person just makes a strong grip on the loops or handles instead of wrapping them around the wrists. I know it's a long shot but what if for some unforeseen reason the canopy snags or jams up in the bag, it could potentially pull the person holding the bag over the edge? I'm sure it's not very likely but you never know.
That would not be a pleasant situation.

I know that the D-Bag that I have has a strap that you should anchor to something solid for "just in case" ( the holder drops it ). I guess it could work both ways.

[Naptown 0]

"I know that the D-Bag that I have has a strap that you should anchor to something solid for "just in case" ( the holder drops it ). I guess it could work both ways."



That makes sense!

[TomAiello 26]

The Dbag itself should always be secured to the object. I prefer to have the holder tied in as well, if at all possible.

If the D-bag comes after you, it's pretty much game over.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[base570 1]

Quote

Man, you must have really trusted that girl!!! Talking about putting your life in someone else's hands...

I think that girl might know a little about BASE

Jason
570

[TomAiello 26]

Since tfelber lists his home DZ as Perris/Elsinore, I'd bet he was just making a little joke.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[Frenchy68 0]

I have never BASE jumped in NZ (or anywhere else for this matter), but did produce an event involving BASE jumping off a cliff in the South Island 3 1/2 years ago. All we had to do was ask the farmer who owned the field where the jumpers were landing for permission. Not only did he grant it, but he moved his sheeps to another field, and adamantly refused to get paid for usage.Kiwis tend to be nice...

"For once you have tasted Absinthe you will walk the earth with your eyes turned towards the gutter, for there you have been and there you will long to return."

[mr2mk1g 10]

Quote

Would you have to apply for (and be denied) a permit in order to use this argument?

You’re gonna wish you hadn’t asked that.

Not necessarily. In order to bring an application for Judicial Review you have to have "standing". That used to be fairly well restricted to people who were directly effected by the decision... however over the past 20 years it’s been relaxed significantly so that pretty much any "publicly spirited individual" could challenge the decision.

I would suggest then that it's likely that pretty much any BASE jumper would have at least a good argument for having standing... on the other hand; you would certainly have it if you had previously been denied.

The main problem you'd have is that you have to apply for JR within 3 months of the decision (and you have to have exhausted all avenues of appeal), thus in practice the best way to do it is simply apply yourself and be refused... yes I know – then the park service know who you are.

Only then would you actually get to court to make your "Irrationality" argument (the "fettering" point I outlined above).

So, while JR is the proper mechanism by which a challenge of the park service's actions should be made... it would from the outset be a full on assault on the park service and really ought not to be undertaken unless the individual is really serious about it (and well aware of the potential costs consequences were something to go wrong).

In practice, your best way to bring this up is simply when you're up in front of the bench for BASE jumping. Simply stick that park service policy statement under the Judge's nose and point out to them their illegal stance. The prosecution's likely to jump up and down about it but hey, once the beak's seen the policy statement the damage is done.

As I presume you'd be up their being prosecuted under whatever legislation requires a permit (ie for failing to have the appropriate permit)... the judge is going to find it hard to convict you after you've shown how the park service is flouting that very same legislation by refusing to even consider permits.

The outcome I would be pushing for if I was defence counsel would be you to get off scott-free and the park service to get a good slap on the wrist. Still... nothing’s ever a given... if it was I’d be out of a job.

As before, this is all based on UK law and may not necessarily directly translate to Australia – get your own local advice before even considering doing anything silly.