What we’re doing
WorkSafe is developing draft content for an approved of practice for residential construction.
ACOPs are a recognised, practical way for businesses and workers to comply with the Health and Safety at Work Act 2015 (HSWA) and its regulations. A finalised draft will be provided to the Minister for Workplace Relations and Safety, who is responsible for deciding whether to approve the ACOP.
The working title is:
- Identifying health and safety roles and responsibilities on a residential construction site
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Outcomes we’re aiming for
This draft ACOP aims to make it easier for businesses and workers to:
- reduce preventable harm by clearly understanding who is responsible for what before, during, and after work
- have some certainty about “what good looks like” under HSWA
- make safer, more confident decisions, particularly where multiple parties are involved on site.
This reflects WorkSafe’s strategic focus on education and engagement, set out in our 2025–2029 Statement of Intent
Why we’re developing this ACOP
Construction is high risk
Residential construction is a high-risk sector, with a high volume of activity and a high rate of injuries. Common harms include body stressing, slips, trips and falls, falls from height, and incidents involving tools and equipment.
People working in the sector have consistently told us they want clearer, more practical information about work health and safety roles and responsibilities.
Clarity on roles and responsibilities is needed
Much of the residential construction sector is made up of small-to-medium businesses that:
- do not have in-house health and safety specialists
- sometimes assume another party is managing shared risks
- are uncertain about what is required when more than one business has health and safety duties for the same work.
Younger workers and migrant workers, who are common in the sector, can be especially vulnerable when expectations are unclear.
The draft ACOP brings together existing legal duties and focuses on removing ambiguity, particularly in shared work arrangements. It does not introduce new legal duties or require people to do anything beyond what HSWA already expects.
What the draft ACOP covers
Definition of residential construction
For this ACOP, residential construction means building or renovating places where people live. This includes standalone homes, townhouses, apartments, and multi-unit developments, including government developments.
It applies to both new builds and renovations.
ACOP scope
In scope
- Roles and responsibilities for health and safety in residential construction
- Businesses and individuals involved in residential construction, including builders and specialist trades such as plumbers, electricians, and roofers
- Shared work arrangements, where more than one person or business has health and safety duties for the same work
- Clarifying homeowners’ duties when they are building or renovating a home.
Out of scope
- Civil and commercial construction.
Key features
The draft ACOP includes:
- Clear actions for each role
It sets out what clients, principal contractors, contractors, subcontractors, workers, homeowners, officers, and others need to do before, during, and after construction to meet their duties and keep people safe. - Working together where duties overlap
When more than one business has health and safety responsibilities for the same work, they must consult, cooperate, and coordinate with each other. This is an area where the sector has told us it needs the most clarity. - Practical, scenario-based examples
The draft includes 15 realistic examples set on New Zealand residential building sites, showing how health and safety duties apply in everyday situations.
What is an ACOP?
An approved code of practice:
- sets out standards for how duty holders can comply with HSWA and its regulations
- can be used as evidence of whether a duty or obligation has been met
- must be approved by the Minister for Workplace Relations and Safety
- must be developed with consultation.
Although an ACOP isn’t mandatory to follow, it sets a standard for compliance with work health and safety duties.
Businesses can meet their duties in another way if it is equal to or better than the standard set out in the ACOP.
How we're developing the ACOP
A collaborative approach
This draft ACOP has been developed with input from a broad cross-section of the residential construction sector, including builders, tradespeople, industry bodies, and WorkSafe subject matter experts.
The draft has been tested through workshops, scenario development, and targeted engagement to reflect the practical realities of working on residential construction sites.
Can I join one of these groups?
We appreciate the strong interest from people wanting to be involved. As the draft is now at an advanced stage, public consultation is the most effective and inclusive way to review and influence the draft ACOP.
We encourage anyone with a stake in residential construction to make a submission during the consultation period.
Background
- The draft ACOP aligns with the Health and Safety at Work Amendment Bill currently before a parliamentary select committee. WorkSafe is ensuring the draft remains consistent with any legislative changes.
- If the Bill is passed as proposed, following an ACOP would provide a form of legal protection known as safe harbour. This means a business that complies with the ACOP would be treated as having met the relevant legal duty.
What happens next?
The first public consultation will be followed by further consultation on an updated draft. A finalised version will be provided to the Minister for Workplace Relations and Safety, who will decide whether to approve the ACOP.
We are working towards providing the finalised draft to the Minister in mid-2026.
Stay informed
- Keep up to date on the development of these ACOPs by subscribing to our construction sector updates
- If you have questions, contact the ACOP Delivery Team at ACOPDelivery@worksafe.govt.nz
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