Health and Safety at Work Amendment Bill (NZ) – Key Changes for Businesses

Written by The Business Canterbury Team | Apr 22, 2026 11:50:05 PM

Health and Safety Law Changes in NZ: What Businesses Need to Know About the Amendment Bill

A practical overview of proposed Health and Safety at Work changes and what they could mean for PCBUs across New Zealand.

What this article covers - and why it matters

The proposed amendments to New Zealand’s Health and Safety at Work framework signal a meaningful shift in how workplace risk is defined, prioritised, and governed. At the centre of the reform is a move toward focusing effort and resources on critical risks — those most likely to result in serious harm.

For businesses, this is not a minor technical update. It has direct implications for:

How risk is assessed and documented
Where time, money, and attention are allocated
How directors and senior leaders demonstrate due diligence

Understanding these changes early allows PCBUs to align their systems, governance, and decision-making before enforcement expectations shift.

Health and Safety at Work Amendment Bill: Key changes explained

The Health and Safety at Work Amendment Bill has passed its First Reading and will proceed to Select Committee. It may change before enactment.

Until then, the current Health and Safety at Work Act 2015 remains in force. This blog explains the key proposed changes and what they mean for PCBUs — both large and small.

1. The most significant change: the purpose of the Act

The Bill proposes to amend the purpose section of the Act so that it explicitly states the legislation will prioritise the critical risks that arise from work.

Matching amendments are proposed to the statutory objectives of WorkSafe and other regulators.

What this means in practice

Purpose clauses influence how duties are interpreted. They guide:

Courts
Inspectors
Prosecutors
And how "reasonably practicable" is assessed

The shift moves the emphasis from "consider all risks equally" to "prioritise serious harm prevention."

📌Practical takeaway

Ensure your organisation can clearly demonstrate —

What your critical risks are
How resources are allocated toward them
And how governance oversight reflects their seriousness

2. "Critical risk" — the new organising concept

A risk will be considered critical if it:

1. Relates to hazards listed in Schedule 1A (high-risk regulatory regimes), OR

2. Is likely to result in:

death,
a notifiable injury, illness, or incident,
or an occupational disease.

PCBUs must assess whether serious outcomes are reasonably foreseeable.
The test is based on what you know, or ought reasonably to know.

📌 Practical approach

You do not need legal perfection —

you need to assess serious outcome likelihood in your context,

and use reasonable, documented judgement.

3. Small PCBUs — narrowed scope of duty

A small PCBU has fewer than 20 workers for at least 9 of the previous 12 months.

Small PCBUs will be required to comply with core HSWA duties only in relation to critical risks, while still meeting welfare obligations.

What does not change

Small PCBUs still must:

Manage serious harm risks
Provide welfare facilities
Meet industry-specific regulatory duties
Honour contractual safety requirements
Protect reputation and operational stability

📣

Key takeaway

The practical reality
Although the statutory scope narrows, small PCBUs must still determine whether risks are critical. That gateway decision requires clarity and judgement.

4. Larger businesses: manage all risks, prioritise critical ones

For PCBUs with 20 or more workers:

All risks must still be managed.
Critical risks must be explicitly prioritised.

The Bill defines prioritisation as:

Addressing critical risks first
Monitoring them more frequently
Allocating proportionately greater resources

📌Practical takeaway

Failure to prioritise is not a standalone offence,

but it will influence enforcement and judicial reasoning.

5. Psychosocial and high-frequency harm — still relevant

Some hazards (e.g., violence, fatigue, musculoskeletal injuries, mental harm) may not always meet the "critical risk" threshold.
The Bill does not remove duties relating to these risks.
High-frequency injuries account for substantial cost and operational disruption.

📌Practical takeaway

Do not abandon management of non-critical risks.

Critical risks require disproportionate focus — not exclusive focus.

6. Overlapping legislation — clarified boundaries

Where another law regulates a risk (e.g., Building Act, Maritime, Aviation), complying with that law may satisfy HSWA duties for that risk.

However, specific HSWA regulatory duties still apply where relevant.

📌Practical takeaway

Businesses should:

Map your regulatory landscape to identify overlaps,

confirm compliance, and avoid assuming HSWA

obligations disappear entirely

7. Recreational use of land

PCBUs managing land will not owe duties to recreational users unless:

The activity is connected with the PCBU's work, OR
Work is occurring at the same time and place

📌Practical takeaway

If your business runs or profits from recreational activities,
assume duties apply.
If you merely allow access unrelated to your business,
risk exposure may be reduced.

8. Earthquake-prone buildings

If a building owner complies with Building Act obligations for earthquake-prone buildings, additional HSWA seismic duties are reduced (except in emergencies).

📌Practical takeaway

Ensure Building Act compliance is current and documented.

That compliance may now carry dual significance.

9. Officer due diligence — governance focus clarified

Officer duties now clearly apply to governance roles only. The due diligence requirements are listed exhaustively.

📌Practical takeaway

Separate governance from operational roles.
Boards should demand evidence of verification — not just reports.

10. Approved Codes of Practice (ACOPs) — safe harbour introduced

ACOPs may now carry "safe harbour" status.

📌 Practical takeaway

If you comply with an ACOP for a specific risk,
you are deemed to have complied with your duty for that risk.
Industry groups may draft ACOPs for regulator approval.

11. Notifiable events — greater clarity

The Bill aims to make notifiable events easier to understand, with expanded definitions and examples to reduce ambiguity .

📌 Practical takeaway

Review your incident reporting thresholds and

ensure supervisors understand when notification is required.

12. Regulator functions — education and prioritisation

WorkSafe's functions are clarified to emphasise guidance and advice; development of ACOPs; and monitoring and enforcement.
The system reinforces prioritisation of serious harm prevention.

📌 Practical takeaway

Expect regulatory conversations to focus on your:

- critical risk profile
- critical controls
- verification systems

Final Reflection

For PCBUs, this reform is not about doing less health and safety. It is about clear identification and controls of critical risks, proportionate resource allocation, and governance visibility. If you are not aligned with the direction of the reform, then anticipate scrutiny.

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Content provided by Leon Fox, Director, The Safety Guru Ltd.

Email Leon if you have any questions, or if you’d like a H&S review, or full H&S audit to review your processes and understand your critical risks.

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