On 9 February 2026, the Health and Safety at Work Amendment Bill (Bill) was introduced into Parliament, presenting the most significant reform to health and safety law since the Health and Safety at Work Act 2015 (HSW Act) came into force.
This Bill proposes amendments to the HSW Act, the WorkSafe New Zealand Act 2013 (WSNZ Act), and other health and safety Regulations.
The Bill aims to:
- Reduce unnecessary compliance costs.
- Provide greater certainty for businesses and organisations regarding their duties.
- Support continued reductions in workplace fatalities, injuries, and illnesses.
The proposed changes
A change in purpose
A central change of the Bill is a shift away from requiring persons conducting a business or undertaking (PCBU) to consider all risks, to an explicit focus on preventing serious harm. The amended purpose of the HSW Act would be to “prioritise the critical risks that arise from work”.
This change is intended to direct organisational attention and resources towards preventing serious incidents rather than minor issues. In doing so, it may reduce compliance costs for some PCBUs, although it remains to be seen how the courts will interpret this revised purpose.
Defining “critical risk”
The Bill introduces a new statutory definition of ‘critical risk’, which will apply under both the HSW Act and the amended objectives of the WSNZ Act.
A critical risk includes:
- Any hazard covered by specific existing Regulations (such as asbestos, mining, quarrying, or hazardous substances), and these listed in a new schedule 1A to the HSW Act.
- A hazard of any kind that is likely to result in death, a notifiable injury, illness or incident, or an occupational disease.
In order to prepare for this change, PCBUs will need to:
- Assess whether any of the new schedule 1A HSW Act activities or hazards apply to their operations.
- Identify any other hazards that could give rise to critical risks, considering whether they knew or ought to have known about those risks.
Small PCBUs (defined as less than 20 workers) only need to manage critical risks under their duties pursuant to sections 36 to 42 of the HSW Act and prioritise critical risks over other risks when complying with other Regulations. All other PCBUs must manage all risks but prioritise critical risks.
Clarifying officer’s duties
The Bill does not change the definition of an “officer”, which includes directors, partners, and other persons with significant influence over the management of the business. It does, however, clarify that officers of a PCBU must ensure that the PCBU complies with their duties under the HSW Act. Where an officer has multiple roles within a business, the officer’s duty is limited to the person’s role as an officer.
Strengthening Approved Codes of Practice
Approved Codes of Practice (ACoPs) outline how duty holders can meet the “reasonably practicable” standard when managing specific risks.
The Bill retains the role of regulators in developing ACoPs but expands the framework by allowing external individuals or organisations to develop and submit draft codes to the regulator for approval. This may broaden industry input and improve the relevance of guidance material.
Recreational use of land
The Bill clarifies PCBUs’ duties where their land is used for recreational purposes. PCBUs who manage or control a “workplace” that includes open space will generally not owe duties to recreational users, unless one of the following applies:
- The recreational activity is connected with the PCBU’s work.
- Other work is taking place at the same time and in the same area as the recreational users.
This clarification is intended to provide greater certainty for landowners and operators, particularly those in agriculture, forestry, and outdoor recreation.
If the Bill is passed, the law surrounding health and safety will change significantly. It is important for businesses to consider the potential changes, and how they may affect current operations.
For advice and further information, please contact the Health & Safety Law team at Lane Neave.
