New Zealand's health and safety framework is set for its most significant update in over a decade. The Health and Safety at Work Amendment Bill was passed on 1 July 2026, introducing changes to the Health and Safety at Work Act 2015 (HSWA) that will take effect on 1 April 2027. For businesses operating in high-risk environments — including construction, confined space, and infrastructure work — understanding these changes now will be essential for a smooth transition.
Why the Change?
HSWA underpins New Zealand's work health and safety system, requiring every "person conducting a business or undertaking" (PCBU) to manage the risks arising from their work. The amendment refocuses this system on critical risk, giving PCBUs greater clarity about what matters most when allocating time, resources, and attention.
A Risk-Based, Proportionate Approach
The central shift is how PCBUs are expected to prioritise risk:
- Small PCBUs (fewer than 20 workers for at least nine months of the financial year) must manage critical risks ahead of other risks.
- Large PCBUs (20 or more workers) must continue to manage both critical and other risks, but are required to give critical risks the highest priority.
Critical risks are defined as those linked to hazards listed in Schedule 1A of HSWA, or any hazard likely to result in death, a notifiable injury or illness, a notifiable incident, or a listed occupational disease under Schedule 2 of the Accident Compensation Act 2001. Importantly, "likely to result" refers to the severity of harm if an incident occurs — not the probability of the incident happening in the first place.
Approved Codes of Practice Broadened
From 1 April 2027, Approved Codes of Practice (ACOPs) will continue to offer a recognised pathway to compliance, but the ability to develop them will widen. Industry groups, unions, worker representatives, employer organisations, and other sector bodies will be able to draft their own ACOPs for specific work practices, subject to WorkSafe review and Ministerial approval.
Reducing Duplication Across Legislation
Where a PCBU's obligations under HSWA overlap with duties under other legislation — such as the Building Act 2004, Maritime Transport Act 1994, or Land Transport Act 1998 — compliance with the other Act's requirements for managing that risk will now also satisfy the equivalent HSWA obligation, reducing duplicated compliance effort.
Clearer Officer Duties, Narrower Landowner Duties
Officer duties (for directors, partners, board members, and chief executives) are now more clearly framed around governance: understanding the PCBU's risks, ensuring adequate resources and processes exist, and verifying those processes are actually being used. These duties remain distinct from an officer's separate duties if they also work operationally within the business.
Landowners will also see their duties narrowed. They will no longer hold health and safety duties toward recreational users of their land, unless the recreational activity connects to the PCBU's work or coincides with work being carried out at the same time and place.
What This Means Going Forward
With commencement set for 1 April 2027, WorkSafe has indicated further detailed guidance will be released in the lead-up. Businesses should begin reviewing how critical risks are identified and prioritised within their existing health and safety management systems, ahead of the transition.
Worth noting however, that New Zealand First, the Greens and Labour have been highly critical of the changes and Labour in particular have vowed to repeal the Bill.