Health & Safety Reform is Underway

This week, the Government announced the first wave of proposed reforms to the Health and Safety at Work Act 2015 (HSWA), setting the stage for broader changes to come. Minister for Workplace Relations and Safety, Brooke van Velden, confirmed these are just the beginning, with further decisions expected in the coming months. Legislation is anticipated to be introduced by the end of 2025, with the aim of passing it in early 2026.

What’s been announced so far?

Clearer lines between governance and management:

Future amendments will clarify that directors and boards are responsible for governance and strategic oversight, while operational managers handle the day-to-day health and safety risks. This aims to resolve confusion that has persisted since the Maritime NZ v Gibson decision.

Relief for small, low-risk businesses:

A proposed carve-out would see small businesses only needing to manage critical risks (those that could cause serious harm), rather than meeting the full suite of HSWA obligations. Basic worker welfare (e.g. drinking water, first aid, emergency planning) would still be required.

Landowner responsibilities clarified:

If you allow recreational activities on your land, you may no longer be liable for associated risks—unless your own work happens in the same area. This change is intended to encourage more recreational use of private and public land.

Cutting down ‘tick-box’ compliance:

The reforms aim to reduce unnecessary paperwork and clarify overlaps between HSWA and other regulatory systems. Notification requirements to WorkSafe will also be narrowed to serious incidents only.

Over-compliance crackdown (yes, even road cones):

The Minister has directed WorkSafe to issue new guidance on excessive compliance measures. This includes a hotline for reporting overuse of road cones, highlighting the push for more proportionate safety practices.

While these announcements reflect a desire to reduce compliance burden and refocus efforts on critical risks, many believe the reforms don’t go far enough. New Zealand’s workplace fatality rate remains significantly higher than those in Australia and the UK. In 2023 alone, preventable workplace harm cost the country an estimated $4.9 billion.

We’ll be watching closely as more reforms unfold. The opportunity to make meaningful, lasting improvements to our health and safety system is still on the table – and needed.