Author: WILLIAM BUCKLEY LLB, BSc
Published: 25 May 2026
Legislation: Health and Safety Amendment 2026
- The Health and Safety at Work Amendment Bill (New Zealand) aims to clarify compliance obligations and reduce regulatory ambiguity.
- The Bill introduces a defined focus on critical risks (death, serious injury, or illness).
- Small businesses (fewer than 20 employees) will have simplified compliance requirements.
- Landowner liability is limited for recreational activities not connected to business operations.
- Approved Codes of Practice (ACOPs) provide a “deemed compliance” pathway.
- Directors’ duties are clarified as governance-focused rather than operational.
Overdue Review of Health and Safety regulation
The new Health and Safety at Work Amendment Bill (“the Bill”) is now being considered by Parliament. Its aim is to clear up confusion, reduce unnecessary costs, and re-focus regulation on actually improving safety. In this article, we review the problems with the current framework, and the core changes being considered under the Bill.
Key Problems with the Current Health and Safety Framework in New Zealand
The current health and safety framework was meant to be flexible, so businesses could manage risks in a way that made sense for them. But in practice, this flexibility has led to a lot of uncertainty. Many businesses aren’t sure what “reasonably practicable” means, or how much is enough to comply with the law. This has resulted in two big problems: over-compliance and under-compliance. Some businesses go overboard, spending time and money on paperwork and consultants in what can look like a box-ticking exercise (think of how many road cones are used for minor roading projects), while others miss important risks because they don’t know what to focus on or how far their obligations extend.
Another issue is that the law has sometimes been applied too broadly. For example, landowners have worried they could be held responsible for people getting hurt while using their land for recreation, even if it’s not related to their business. This has made some people reluctant to allow public access to their land or to host community events.
This particular concern was brought into sharp focus by the recent prosecutions following the Whakaari White Island tragedy, where WorkSafe took action against parties involved in permitting access to the island. The courts, in their guidance, clarified the extent of liability for landowners who allow others onto their land, emphasising that liability generally depends on whether the recreational activity is connected to the landowner’s business or if work is happening at the same time and place.
Businesses have also found it hard to get clear, practical advice from the regulator, WorkSafe. Different inspectors sometimes give different answers, and there’s a sense that enforcement is prioritised over guidance. Small businesses, in particular, have found it tough to know where to start, and often end up spending money on things that don’t actually make anyone safer.
Fundamentally, whilst New Zealand’s workplace safety record has been improving, it still lags its peers, including Australia and the UK.
What Changes Are Being Proposed?
The Bill introduces several key changes to address these problems:
1. Focus on Critical Risks
The new law will make it clear that the main priority is to manage “critical risks”—the kinds of hazards that could cause death, serious injury, or major illness. Businesses will be expected to put most of their effort into these serious risks, rather than trying to manage every minor hazard.
2. Clearer Definitions and Guidance
A new definition of “critical risk” will be added, along with a list of hazards that always count as critical. This should make it much easier for businesses to know what to focus on. The list can be updated as needed by the Government, so that it stays relevant.
3. Less Red Tape for Small Businesses
If you run a small business (fewer than 20 workers), you’ll only need to manage the critical risks and provide basic facilities like lighting and first aid. The aim is to avoid small businesses wasting resources on minor risks, which should save time and money.
4. No Double-Handling with Other Laws
If you’re already following another law (such as the Building Act) to manage a risk, you won’t have to do more under the health and safety law for that same risk. This should help stop the “double handling” and over-compliance that has been seen under the current framework.
5. Easier Recreational Land Use
Landowners (like farmers or councils) won’t be responsible for the health and safety of people using their land for recreation—unless the recreation is part of their business, or work is happening at the same time and place (for example, where the recreational activity is taking place in a paddock that is actively being used for farm operations at the time). This also seems to align with the recent guidance from the courts following the Whakaari White Island tragedy.
This should ease the concern of property owners who have been unsure of their liability, and this will undoubtedly be welcomed by many recreationalists who have lost access to areas in recent years.
6. Stronger, More Useful Codes of Practice
Approved Codes of Practice (ACOPs) will be easier to develop, and if you follow one, you’ll be “deemed to have complied” with the law for that risk. This gives businesses a clear, safe path to compliance, without having to guess what’s “reasonably practicable”.
7. Clearer Roles for Company Directors
The Bill makes it clear that company directors and other “officers” are only responsible for governance (big-picture oversight), not for day-to-day operational details. This should help clarify what’s expected at the higher management levels within an organisation.
What the Health and Safety Amendment Bill Means for Businesses
It’s important to remember that there’s no guarantee the Bill will be passed into law, or that it will remain in its current form if it does. However, there does seem to be a strong drive from both government and industry to make these changes.
If the Bill is enacted, it should provide clearer guidance for businesses, help everyone focus on managing the most serious risks, and reduce the burden of unnecessary paperwork and overcompliance. Ultimately, these reforms aim to create a health and safety system that works better for both businesses and workers in New Zealand.
About the Author
William Buckley is a Tauranga-based employment lawyer at Edwards Sluiters. He advises employers and employees on health and safety compliance, workplace disputes, disciplinary processes, restructures, and personal grievance claims.
Frequently Asked Questions
The Health and Safety at Work Amendment Bill (New Zealand) is proposed legislation that aims to clarify compliance obligations, reduce regulatory complexity, and improve workplace safety outcomes by prioritising high-risk hazards.
The Bill is currently under consideration by the New Zealand Parliament. It may be amended before being passed into law, and there is no guarantee it will be enacted in its current form.
The Bill introduces several key reforms, including a focus on Critical Risks, simplified compliance requirements for small businesses, reduced duplication with other laws, clearer director responsibilities, and expanded use of Approved Codes of Practice (ACOPs).
A Critical Risk refers to a workplace hazard that could cause death, serious injury, or significant illness. The Bill prioritises managing these high-severity risks over minor hazards.
Small businesses in New Zealand (fewer than 20 employees) will only be required to manage Critical Risks and provide basic workplace facilities, reducing compliance costs and administrative burden.
“Reasonably practicable” is a legal standard under the Health and Safety at Work Act 2015 (New Zealand) that requires businesses to take steps to eliminate or minimise risks, based on what is reasonably able to be done considering likelihood, severity, and cost.
The Bill clarifies that landowners are generally not responsible for injuries during recreational use of their land unless the activity is connected to their business or occurs alongside active work operations.
WorkSafe New Zealand remains the primary regulator responsible for enforcing workplace health and safety laws, but the Bill aims to improve clarity through better guidance and clearer compliance pathways.
Approved Codes of Practice (ACOPs) are formal guidance documents that outline how to comply with specific health and safety requirements. Under the Bill, following an ACOP may mean a business is “deemed to comply” with the law.
