Health and Safety changes: What you need to know

Focusing the health and safety system on critical risk, law changes are due to come into effect from April 2027.

This winter, the Health and Safety at Work (HSWA) Amendment Bill passed, with changes coming into effect on 1 April 2027. 

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

The amendments passed by Parliament make changes to: 

• the Health and Safety at Work Act 2015 
• the WorkSafe New Zealand Act, and 
• the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 

The changes will focus the health and safety system on critical risk, so that businesses are clear about the most important things to prioritise. It also looks to further clarify some areas of the legislation, including duties for officers, recreational land use, and notification requirements. 

What’s changing from 1 April 2027

• Small PCBUs (those with fewer than 20 workers) are required to manage critical risks, namely things most likely to cause death, serious injury, serious illness, or long-term harm. 
• Larger PCBUs must continue to manage all risks but will be required to prioritise critical risks when allocating time, money, and resources. 
• The changes encourage more industry involvement in developing approved codes of practice (ACOPs) which WorkSafe may recommend for consideration by the Minister, and state that where a business follows an ACOP (made after 1 April 2027 or specified in section 30 of the amended Act), it will be considered to have complied with HSWA. 
• HSWA has been amended to clarify that a PCBU that complies with a requirement in another Act where it manages the same risk, may be considered compliant with HSWA. 
• The changes will provide clarification on which incidents must be reported. 
• The changes also refine landowner responsibilities in respect of recreational activities occurring on their land. 
• The changes more clearly define the regulatory roles of WorkSafe and other regulators. 

WorkSafe says it is in the process of updating its HSWA guidance, and more information about these changes, including resources and tools to help with training and education, will be available in the lead up to 1 April 2027.