The Health and Safety at Work Amendment Bill introduced on the Monday 9 February 2026 proposes significant amendments to health and safety law in Aotearoa.
The proposed law would introduce changes to the Health and Safety at Work Act 2015, the WorkSafe New Zealand Act 2013, and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016. The aims of the bill include reducing compliance costs and clarifying obligations while continuing to support reduced workplace health and safety incidents.
In this article we summarise the key changes proposed and practical implications for businesses and other organisations.
Critical risk
The bill includes an amendment to a main purpose of the Health and Safety at Work and WorkSafe Acts to prioritise “critical risks”. The addition of Section 22A is proposed to define critical risks as hazards to which specific regulations apply (as provided In Schedule 1A) or likely to result in death, notifiable injury, illness, incident, or occupational disease. This change will have practical impacts for PCBUs (person conducting a business or undertaking) who will need to check whether their work engages any such hazards.
Notifications
PCBUs are required to notify the regulator of significant workplace events, including deaths, serious injuries, serious illnesses, and incidents exposing workers or others to serious risks. The bill provides examples of notifiable injuries or illness to clarify this obligation.
Clarity on duties of PCBUs
Under the Health and Safety at Work Act 2015, a PCBU has the primary duty to ensure the health and safety of its workers and others, as far as is reasonably practicable. The Bill clarifies that small PCBUs (businesses with fewer than twenty workers for at least nine out of twelve months) are required to manage only critical risks and provide basic worker welfare facilities, such as lighting, washing facilities, and first aid. Small PCBUs must prioritise critical risks over other risks but are not penalised for failing to prioritise.
This is compared to larger PCBUs that must manage all risks but prioritise critical risks. The bill provides a definition of “prioritise” to help PCBUs understand how to correctly manage risks. This includes managing critical risks before other risks, reviewing controls relating to critical risks more frequently than other risks and applying a high proportion of risk management resources to critical risks.
Landowners
The bill also sets out to clarify rules for PCBUs who manage or control land. Providing that these PCBUs do not owe any duties to those lawfully accessing the land for recreational purposes. Therefore, they are not responsible for health and safety risks unless the recreation relates to the PCBU’s work or if recreational land users are present at the same time the PCBU has other work happening.
The amendment would also provide further clarification on earthquake prone buildings and related obligations under the Building Act 2004. The bill confirms that where the owner has met building Act obligations no further duties are owed under section 27 Health and Safety at Work Act.
Officers
The bill also proposes changes to Section 44 of the Health and Safety at Work Act to address ambiguity on officer duties. Officers of PCUBs include a director, partner, or anyone who exercises significant influence over the management of the business or undertaking. The bill clarifies that these duties do not extend to any other roles performed with a PCBU and apply to governance only.
Approved Codes of Practice (ACOPs)
ACOPs provide detail on how duty holders can comply with the Health and Safety at Work Act and meet the standards of “reasonably practicable” in managing specific risks. However, few ACOPs have been developed since the Act came into force. The bill allows other individuals and organisations to develop ACOPs in addition to regulators. Any other individuals or organisations can submit draft codes to the regulator who must review, may amend, and recommend them to the Minister for approval.
The position of ACOPs will also be strengthened under the Bill with the introduction of a “safe harbour” position for new (and some existing) ACOPs. This means a person who acts in accordance with an ACOP for a specific risk will be considered to have been compliant with their duty to manage that risk.
What does the Bill mean for your organisation?
Although the Bill is still in early in the parliamentary process, understanding the implications of the proposed changes now places organisations in the best position to adapt to future changes. But at present, all organisations need to continue to comply with current health and safety law.
Our experienced employment team are happy to assist with any employment-related matters. Get in touch for further information.
The information contained in this outline is of a general nature, should only be used as a guide and does not amount to legal advice. It should not be used or relied upon as a substitute for detailed advice or as a basis for formulating decisions. Special considerations apply to individual fact situations. Before acting, clients should consult their Parry Field Lawyer.
Published March 2026.
