Important changes coming to work health and safety laws
The government has passed the Health and Safety at Work Amendment Bill, with regulatory changes coming into effect 1 April 2027.
The bill makes numerous changes to the Health and Safety at Work Act 2015, the WorkSafe New Zealand Act 2013, and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016.
Summary of the Health and Safety at Work Amendment Act 2026:
- Increased focus on critical risks (those that can result in death, serious injury, or illness).
- Giving organisations more certainty about what they need to do to comply with regulations.
- Reducing unnecessary compliance costs.
Key changes coming to work health and safety laws in New Zealand
Bill changes focus on critical risk
The bill focuses the health and safety (H&S) system away from broader systematic risk management regarding all hazards and instead explicitly defines “critical risk”, as any hazard likely to result in death, a notifiable injury, illness, incident, or an occupational disease (listed in Schedule 2 of the Accident Compensation Act).
Hazards associated with critical risks are also specified in Schedule 1A of the Health and Safety at Work Act (HSW Act), e.g. asbestos, hazardous substances and gases under pressure, mining and quarrying, petroleum exploration and extraction.
From 1 April 2027, there are different requirements for large and small businesses (or a Person Conducting a Business or Undertaking - PCBU) in prioritising and managing critical risks:
Small businesses (fewer than 20 workers)
Small PCBUs are required to prioritise critical risks when managing their H&S obligations in relation to information, training, instruction, supervision and personal protective equipment (PPE). This means small businesses will need to identify which of the hazards arising from their work are critical risks and then prioritise their management.
Small PCBUs must continue to provide essential worker welfare facilities, e.g. lighting, washing facilities, first aid.
Large businesses (20 or more workers)
Large PCBUs are required to manage all risk but prioritise critical risk.
Approved code of practice changes
From 1 April 2027, employers that follow an approved code of practice (ACOP) will be deemed to meet their legal obligations to manage a specific health and safety risk.
ACOPs set a standard for how to comply with work health and safety duties and receive ministerial approval.
Following an ACOP isn't mandatory and businesses can still comply through other means, e.g. identifying risks and eliminating or minimising them so far as is reasonably practicable.
The Bill also allows other parties - e.g. unions, employer organisations, worker representatives - to develop ACOPs for specific work practices (they will still need to be submitted to WorkSafe and approved by the minister).
Overlapping regulations
Currently, businesses may have a requirement to manage a health and safety risk in both the HSW Act and another Act, e.g. the Building Act or the Maritime or Land Transport Acts.
From 1 April 2027, any business that complies with a requirement to manage the same risk in other legislation will be considered compliant with HSW Act.
Officer duties
Duties for officers (e.g. company directors, CEOs, partners, board members) now focus on governance functions rather than day-to-day operations.
Governance functions include understanding the risks and relevant H&S matters in their work, ensuring the business has resources and processes to manage risks, and
verifying the business is using those resources and processes.
Officer duties are separate from what an officer does in their role as a worker for the business or organisation.
Recreational use of land
Landowners and PCBUs who manage or control a workplace that includes outdoor space do not owe active H&S duties to people using the open land for recreation, unless the recreation is connected with the PCBU’s work or the PCBU has other work happening at the same place and at the same time as the recreational users are on the land.
Seismic risk
The bill introduces an exception to the HSW Act so any business that manages or controls a workplace that includes all or part of a building and the owner is compliant with relevant Building Act 2004 requirements in managing seismic risk, the PCBU (owner or tenant) isn't required to take further action regarding seismic risk - e.g. by directing evacuation - unless an emergency occurs.
Other changes
The main function of WorkSafe and other H&S regulators - e.g. Maritime New Zealand, the Civil Aviation Authority - will now be advisory, rather than regulatory.
Regulators will be tasked with providing guidance and advice on legal compliance in managing critical risks and relevant H&S regulations, as well as developing and reviewing codes of practice, developing safe work instruments, and monitoring and enforcing compliance.
Get more information
The Health and Safety at Work Amendment Bill was drafted following public consultation in 2024. The Bill received royal assent on 9 July 2026 and all regulatory changes come into force on 1 April 2027.
How MyHR can help
If you need help understanding your obligations under the new H&S regulations, reach out to MyHR. Our team of HR experts can ensure your H&S management is fully compliant, tailored to your business, and that your employees are an integral part of your H&S programme.
