Health and Safety Archives

Health and Safety at Work Amendment Bill

June 3, 2026

Employment Law, Government & Policy, Health and Safety, Regulatory Compliance, Risk Management, Workplace Regulation

Expected to be enacted in the spring

The Health and Safety at Work Amendment Bill was introduced into Parliament on 8 February 2026 and passed its first reading on 12 February 2026. It is currently before the Education and Workforce Select Committee. Submissions closed at the end of March and the committee is scheduled to report back to Parliament by 12 June 2026. It is anticipated that the Bill will be passed before the election (early November).

If enacted, the Bill will represent the most significant reform of health and safety law in New Zealand since the Health and Safety at Work Act (HSWA) was passed in 2015.

Purpose of Bill

Workplace Relations and Safety Minister, the Hon Brooke van Velden, said that the Bill is intended to reduce compliance obligations, focus on preventing serious harm and clarify businesses’ obligations under the HSWA.^[1] The key proposed changes in the Bill are:

Increased focus on preventing serious harm
Reducing compliance obligations for small businesses
Clarification of the health and safety obligations of landowners, and
Clarification of the relationship between health and safety legislation, and other legal requirements.

Introducing ‘critical risk’

The Bill introduces a new defined term of ‘critical risk.’ Small businesses must focus on avoiding critical risks. All other businesses must manage all risks but are required to ‘prioritise’ critical risks.

The Bill defines a ‘critical risk’ as a risk associated with one of the matters specified in Schedule 1A of the Bill; this lists a number of specific high-risk activities such as working with asbestos and other hazardous substances. A critical risk also includes any hazard that is likely to result in death, a notifiable injury or illness, a notifiable incident or an occupational disease listed in Schedule 2 of the Accident Compensation Act 2001.

Identifying what the critical risks are for a particular business is likely to be one of the more challenging aspects of the new legislation.

The impact on small to medium-sized businesses

The most significant change contained in the Bill is the narrowing of the duties of small to medium-sized businesses, referred to as ‘small PCBUs,’ to risks that are defined as critical risks under the Act.

This does not mean that small businesses have no obligations in relation to other risks. They are still required to provide adequate facilities to ensure the safety of their employees.

A small PCBU will be defined as a business with fewer than 20 employees. Businesses that have a fluctuating workforce will qualify provided that they have fewer than 20 employees for at least nine months of the year. This change is likely to have a significant impact on the compliance obligations of businesses in New Zealand, given that approximately 97% of businesses would qualify as a small PCBU.^[1]

Obligations of landowners and recreational activities

Potential exposure to prosecution under health and safety legislation in New Zealand has long been a concern for landowners who wish to make their land available for recreational activities.

In the past, this has been a particular concern for rural landowners who have often avoided providing access to their land due to such concerns. It has also discouraged public landowners, such as schools and councils, from allowing their land to be used for recreational activities.

The potential liability of landowners was recently highlighted by the prosecution of the owner of Whakaari/White Island following the eruption in 2019, which resulted in the deaths of 22 people. The landowner was initially convicted in the District Court under the HSWA, despite not directly operating the tours to the island.^[2] The High Court overturned this conviction on appeal.^[3]

The passing of the Bill would mean that landowners would not generally owe health and safety obligations to people using their land for recreational activities.

The Health and Safety at Work Act and other legislation

The Bill would clarify the relationship between general health and safety legislation, and other legislation that applies to specific industries such as the aviation and maritime sectors.

In the past, there has been confusion as to whether or not businesses in industries covered by specific legislation have additional duties under the HSWA. The Bill clarifies that compliance with industry-specific legislation or approved industry codes of practice is also compliance with the HSWA, so there are no additional obligations.

The Bill also states that the owners of earthquake-prone buildings do not need to take additional steps under the HSWA, provided that they comply with the requirements of the Building Act 2004.

The Bill is intended to reduce the compliance work that is required by businesses under current health and safety legislation, which has become an expensive ’tick-box’ exercise for many. However, it will still be important for small businesses to identify the ‘critical risks’ in their businesses and to take steps to mitigate them.

If you have any concerns about the impact that this proposed legislation may have on your business, please don’t hesitate to contact us.

^[1] New Zealand business demography statistics at February 2025, Statistics New Zealand.

^[2] WorkSafe New Zealand v Whakaari Management Ltd [2023] NZDC 4149.

^[3] Whakaari Management Ltd v WorkSafe New Zealand [2025] NZHC 288.

DISCLAIMER: All the information published in Commerical eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Commerical eSpeaking may be reproduced with prior approval from the editor and credit given to the source.
Content Copyright © NZ LAW Limited, 2026. Editor: Adrienne Olsen. E-mail: [email protected] Ph: 029 286 3650

Over the fence

July 30, 2025

Agricultural Labour, Biosecurity, Farm Safety, Health and Safety, Livestock Health, Migrant Workforce, Seasonal Farming Advice, Uncategorized

Health and safety on farms in the wet season

Farming in New Zealand is a year-round responsibility. The wet season (usually in winter) has particular challenges that require an increased focus on health and safety practices.

Working in wet conditions presents hazards for you, your employees and your property. These include:

Rain-soaked ground and slippery surfaces make it easy to lose footing, increasing the risk of sprains, fractures or more severe injuries
Machinery, such as tractors and quadbikes, become harder to control raising the likelihood of accidents and machinery damage
Livestock can be unpredictable and difficult to manage when moving them through flooded or slippery areas, and
Flooding can restrict access to key areas of farmland, damage infrastructures and contaminate water supplies.

Improving health and safety: The Health and Safety at Work Act 2015 outlines the responsibilities of both employers and employees. It requires all parties to take reasonable care for their own safety and ensure that their actions do not adversely affect the health and safety of others.

With this year’s heavy winter rain, it is essential to implement effective risk mitigation strategies. Checking and repairing drainage systems may reduce the risk of flooding or damage to other infrastructure before the onset of heavy rain. This includes cleaning drains, reinforcing culverts and ensuring paddocks are equipped with adequate runoff channels.

Some other risk mitigation measures include:

Providing all workers with waterproof clothing and appropriate footwear
Conducting regular maintenance checks on all equipment
Ensuring health and safety policies and procedures are up to date, and
Having adequate training and supervision for all workers.

By proactively implementing these safety measures, farmers can reduce the risks associated with wet weather and create a safer working environment for themselves, their employees and their livestock.

Changes to the Recognised Seasonal Employer scheme

The agricultural sector in New Zealand continues to struggle with a persistent shortage of experienced farm workers.

In response to this ongoing problem, many employers have turned to the Recognised Seasonal Employer (RSE) scheme. This initiative enables workers from eligible Pacific countries to travel to New Zealand on a seasonal basis to assist with tasks such as planting, maintaining, harvesting and packing crops.

Recent changes and what’s ahead:

Since 10 March 2025: The median wage requirement was removed for future employees and the work experience requirement for workers was reduced from three years to two years, and
A proposal for changes to start on a yet-to-be-decided date in November 2025: New pathways will be introduced for experienced seasonal workers, including:
A three-year multi-entry visa for experienced workers, and
A seven-month single-entry visa for lesser-skilled workers.

What do these changes mean for employers and employees? Employers hiring under the Accredited Employer Work Visa or Seasonal Specific Purpose Work Visa are no longer required to pay the median wage. Instead, the only wage thresholds are to ensure the worker is being paid the market rate and that rate is above the New Zealand minimum wage; the minimum wage increased to $23.50 per hour on 1 April 2025.

The reduction of migrants only needing to demonstrate two years’ relevant work experience broadens eligibility and allows more workers to qualify.

Finally, the introduction of multi-entry and single-entry seasonal visas will create more opportunities for seasonal work in New Zealand. They will also provide workers with structured pathways that support varying skill levels, and offer more flexible and sustainable options for both employers and employees.

Foot and mouth disease agreement

Foot and mouth disease (FMD) is a highly contagious viral illness that primarily affects cloven-hoofed animals such as cattle, pigs, sheep, deer and goats. FMD is rarely fatal but could still lead to significant production loss, and severely impact our meat and dairy industry.

Common FMD symptoms are:

Blisters in the mouth, on the feet, or on the teats
High fever
Loss of appetite due to mouth pain
Lameness or difficulty walking caused by blisters, and
Decreased milk production.

The FMD agreement: An agreement has been entered into between six major livestock industry organisations and the government. It formalises how all parties will work together to prepare for, and respond to, an outbreak of FMD in New Zealand.

The agreement outlines clear roles and responsibilities for all partners, including how associated costs will be shared. It gives industry partners a direct and legally binding role in decision-making. This ensures that the perspectives of farmers and industry stakeholders are included in every stage of the response.

It is estimated that an FMD outbreak in New Zealand could cost up to $3 billion to eradicate. Livestock industry partners would contribute up to 40% of preparation costs and 15% of response costs, with total contributions capped at $450 million over the five year duration of the agreement.

Recent FMD outbreaks overseas highlight the importance of New Zealand reaching an adequate level of preparedness and the peace of mind this will provide for industry providers.

DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Property Speaking may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2022. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650

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