10 September 2026

What Employers Need to Know About the Reforms to the Health and Safety at Work Act 2015

The Health and Safety at Work Amendment Act 2026 (Amendment Act) will implement the most significant reform of New Zealand’s workplace health and safety framework since 2015, when the Health and Safety at Work Act 2015 (HSWA) became law.  Although the Amendment Act comes into force on 1 April 2027, employers should be mindful of a number of considerations before the changes take effect.

The Government considered that the existing workplace health and safety framework had become overly complex, resulting in a burdensome administrative compliance focus, rather than managing risks that are most likely to cause death, serious injury, or serious illness.  Accordingly, the reforms are intended to reduce compliance burdens, provide greater certainty for businesses about what is required from them and produce an increased focus on managing ‘critical risks’.

Key Changes under the Amendment Act

New focus on “Critical Risks”:  The Amendment Act introduces the new concept of “critical risks”, which are risks associated with a hazard that, if they materialise, are likely to result in:

• death;
• a notifiable injury or illness;
• notifiable incident; or
• an occupational disease.

The Amendment Act expressly notes that critical risks can include harm to mental health that is associated with the hazard.  The amended purpose of the HSWA expressly prioritises the identification and management of critical risks.  Rather than treating all risks as requiring the same level of control, businesses will be expected to focus their attention and resources on hazards that can cause significant harm.

Compliance obligations for small businesses:  The concept of a “Small PCBU” has also been introduced, which refers to a business with fewer than 20 workers, or, where the number of workers fluctuates, a business with fewer than 20 workers for at least nine months of the financial year.

The reforms are intended to create a more proportionate regulatory framework for smaller businesses, particularly with respect to low-level risks.  Accordingly, under the reforms, Small PCBUs:

• will primarily be required to manage critical risks;
• must continue to provide basic workplace welfare facilities, including first aid, drinking water, lighting and ventilation; and
• will not be expected to apply the same level of compliance processes as larger organisations for lower-level risks.

Officer duties: The Amendment Act clarifies the distinction between officers’ governance responsibilities and their day-to-day operational responsibilities, where they hold such a role in the same business.

The reforms are intended to provide clearer guidance about due diligence obligations, as it sets out the level of engagement with health and safety required from officers.  This includes an understanding of the nature of the operations of the business, the hazards and risks associated with those operations and health and safety matters generally as they relate to the business.

Approved Codes of Practices (ACOPs):  The Amendment Act also provides for the development of Approved Codes of Practice (ACOPs).  ACOPs are minister-approved guides that explain how businesses can meet their legal health and safety obligations.  These changes allow industry organisations, employer groups and worker representatives to draft ACOPs for ministerial approval.  If a business follows an approved code, it will generally be treated as having complied with the relevant statutory obligations, which may provide greater certainty for businesses.

Landowner responsibilities: The Amendment Act limits health and safety liability for PCBUs where recreational activities occur on their land.  Responsibility will generally fall on the organisation conducting the recreational activity rather than the landowner, unless:

• the activity forms part of the landowner’s business; or

• work is occurring simultaneously at the location.

Functions of WorkSafe: The Amendment Act has also adjusted the statutory functions of WorkSafe.  The main functions of WorkSafe will be:

• To provide guidance in relation to relevant health and safety legislation.
• To develop, review and recommend codes of practice.
• To develop safe work instruments.
• To monitor and enforce compliance with relevant health and safety legislation.

What Employers should consider

Although the amendments do not come into force until 1 April 2027, employers should begin preparing now.  Preparation will likely look different for businesses, based on their undertakings, nonetheless preparation should reflect the increased focus of the Amendment Act on critical risks.

Before the reforms come into force, business should:

• Undertake a review of any risk register – identify which hazards may constitute critical risks and confirm controls of those risks are robust and documented.
• If they qualify as a Small PCBU, be aware of the reduced compliance framework that is applicable to them.
• Review incident reporting procedures and policies to ensure that they are aligned with the reforms.
• Consider updating board health and safety reporting templates so attention is directed to critical risks and serious harm prevention.
• Prepare to participate in consultation processes for the development of ACOPs.

Conclusion

While there are significant changes on the horizon to the health and safety regime, the overarching obligation for employers will still be to provide a safe workplace environment for their employees.  While many businesses will also likely welcome the increased clarity and reduced compliance burden, employers should not delay preparation.  Consider taking the steps set out above to ensure that your business is ready for when the reforms take effect on 1 April 2027.

Our team can help you prepare for these changes, reach out if you need assistance.