The Health and Safety at Work Amendment Bill, introduced to Parliament on 9 February 2026, is the most substantial proposed reform to New Zealand’s health and safety system since the Act first came into force. The Bill signals a deliberate shift toward prioritising the prevention of serious harm rather than requiring every workplace risk to be managed equally.
A new purpose focused on critical risks
A key change in the Bill is the proposed amendment to the purpose of the Health and Safety at Work Act. The revised purpose states that the Act must prioritise the critical risks that arise from work. This change is supported by corresponding updates to WorkSafe’s objectives to ensure consistency between the duties of businesses and the expectations of the regulator.
To support this new approach, the Bill introduces a category known as critical risks. These are hazards that have the potential to cause death, a notifiable injury or illness, a notifiable incident, or an occupational disease. The Bill includes a list of specified critical hazards in a new schedule, while acknowledging that other hazards may also qualify if they are likely to result in serious harm.
New requirements for small PCBUs
The Bill introduces the concept of a small PCBU, defined as a business or undertaking with less than 20 workers for at least nine months of the year. This group is subject to a more streamlined set of duties. Small PCBUs must manage only their critical risks and must prioritise these ahead of other risks. They are still required to provide essential welfare facilities such as first aid equipment, drinking water, lighting and ventilation.
This represents a major shift for the vast majority of New Zealand businesses. Statistics from MBIE and Statistics New Zealand show that 97% of all businesses in the country will fall into the small business category. As a result, the proposed amendments will affect a significant portion of the workforce.
Larger PCBUs are still required to manage all risks, although they, too, must prioritise risks that have the potential to cause serious harm.
One challenge for small PCBUs will be determining which hazards are likely to lead to serious outcomes. Another concern is that many common types of harm develop slowly over time. These harms may not meet the definition of critical risks but still represent real and ongoing issues for workers. Small businesses may also have contractual obligations that exceed what the amended legislation requires.
Businesses are encouraged to begin identifying their critical risks now and to consider how these risks should be assessed, prioritised and controlled.
Clarifying duties for officers
The Bill also clarifies the due diligence obligations of officers of a PCBU. This change is particularly relevant where one person holds both governance and operational responsibilities. The Bill confirms that an officer’s duty relates only to governance functions. It also provides a clearer and more comprehensive description of what due diligence involves and reinforces the requirement for officers to maintain current knowledge of health and safety matters relevant to the organisation.
These changes aim to distinguish clearly between governance oversight and day to day operational roles. The intention is to reduce unnecessary compliance while maintaining strong accountability at senior levels.
Wider system reforms
The Bill introduces several broader improvements to the health and safety system. These include a clearer relationship between the Health and Safety at Work Act and specialist regulatory regimes such as maritime and aviation safety. It enhances the role of Approved Codes of Practice and provides a safer harbour for PCBUs that comply with a relevant code. It also emphasises WorkSafe’s role in providing guidance and education and encourages regulators to consider a range of enforcement options before prosecution.
Another significant reform clarifies the responsibilities of landowners who allow recreational access to their land. The duty for managing risks will sit with the operator of the recreational activity rather than the landowner. This responds to concerns raised following the Whakaari White Island tragedy and aims to reduce overly cautious behaviour that has limited public access to land.
Next steps
The Bill has only just been introduced into Parliament and will need to be debated and considered, before becoming law. The current Government has indicated that it intends to progress the Bill before the election, but until then, it is business as usual for businesses managing health and safety.
Need advice? If you would like advice or support with any aspect of health and safety legislation, the team at Copeland McAllister is here to help. Phone 03 211 0153 or email admin@cmalaw.co.nz.
Disclaimer: This update provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.