WorkSafe is preparing more detailed information on the changes which will be available soon. 

Read about the Bill | Ministry of Business, Innovation & Employment(external link)

View the Health and Safety at Work Act | Legislation.govt(external link)

About the Health and Safety at Work Amendment Bill

HSWA is New Zealand’s work health and safety law. It sets out the principles, duties, and rights in relation to work health and safety. 

Under HSWA a person conducting a business or undertaking (a PCBU), must manage health and safety risks that arise from their work.

The Health and Safety at Work Amendment Bill was passed on 1 July 2026 as part of the Government’s wider health and safety reforms with the changes coming into effect on 1 April 2027.

The changes from the Bill aim to focus the health and safety system on critical risk so that PCBUs are clear about the most important things to prioritise.

What is the updated purpose of the Health and Safety at Work Act?

What’s changing from 1 April 2027

Critical risk

Under HSWA small PCBUs (fewer than 20 workers) are required to manage critical risks ahead of other risks, while large PCBUs must manage both critical and other risks, while giving critical risks the highest priority. 

Critical risks are those associated with:

• the hazards described in Schedule 1A of HSWA(external link), or
• 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 2001(external link)

The term ‘likely to result’ means the chance that death, a notifiable injury or illness, a notifiable incident, or an occupational disease will result when an incident or accident occurs. It does not refer to the likelihood of the event actually occurring.

Duties for small and large PCBUs

A small PCBU is defined as having fewer than 20 workers for at least nine months of a financial year. Larger PCBUs are those with 20 workers or more.

Small PCBUs have proportionate duties, meaning they are required to manage critical risks and prioritise them when managing their health and safety obligations.

Large PCBUs must manage both critical and other risks when managing their health and safety obligations.

Approved code of practice changes

An Approved Code of Practice (ACOP) sets a standard for complying with work health and safety duties. While it is not mandatory to follow an ACOP, if a PCBU does so, they are considered to have met their HSWA obligations in respect of a health and safety risk. This provision comes into effect on 1 April 2027.

In addition, from 1 April 2027, parties other than the regulator, including industry groups, unions, worker representatives, employer organisations, and sector representatives are able to develop their own ACOPs for specific work practices. These must be submitted to WorkSafe who decides whether they meet the criteria for Ministerial approval. 

Overlapping legislation 

In some situations, PCBUs may have a duty to manage a health and safety risk under HSWA that is also managed by requirements under another Act. For example, requirements under:

• the Building Act 2004
• Maritime Transport Act 1994
• Land Transport Act 1998

The changes to HSWA clarify that a PCBU that complies with a requirement in another Act where it manages the same risk, will be considered compliant with HSWA.  

Other key changes

Duties for officers (such as company directors, partners, board members, or chief executives), have been clarified to focus on governance functions. This includes:

• understanding a PCBU’s risks and relevant health and safety matters
• ensuring the PCBU has resources and processes to manage risks, and
• verifying the PCBU is using those resources and processes.

Officer duties are separate from what an officer does in their role as a worker for the PCBU.

Another change is that landowners will no longer have health and safety duties for people using their land for recreation purposes, unless the activity is connected to the PCBU’s work, or work is occurring at the same time and place as the recreational users are present.  

Keep an eye on this page over the coming months for further guidance, information, and resources as we approach the 1 April 2027 commencement date.