#HealthAndSafety 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

WorkSafe’s heightened focus on farm safety

May 6, 2026

Employment Law, Health & Safety, Regulatory Compliance, Rural & Agricultural Law, Workplace Regulation

Development of Approved Codes of Practice

WorkSafe New Zealand has promised greater attention to safety in the agricultural sector when it announced the new four-year ‘Statement of Intent’ on 4 December 2025.

In recent years, WorkSafe has significantly increased its focus on the agricultural sector reflecting the industry’s persistently high rates of serious injury and fatalities. Farming remains one of the most hazardous occupations in New Zealand, and WorkSafe’s evolving approach aims to address the root causes of harm while working more collaboratively with those on the land.

A key development has been the designation of agriculture as a priority high-risk sector. Alongside the other sectors classified as high-risk (construction, manufacturing and forestry), farming now receives a significantly greater share of WorkSafe’s attention and resources.

This prioritisation is embedded in the regulator’s broader strategy which centres on reducing fatalities, minimising serious injuries and targeting the activities most likely to cause harm. Rather than applying a one-size-fits-all regulatory model, WorkSafe is increasingly tailoring its interventions to reflect the unique risks present on farms.

Greater attention

One of the most visible aspects of WorkSafe’s effort is the development of Approved Codes of Practice (ACOPs) specific to agriculture. These codes are designed to clarify what ‘good practice’ looks like in practical, farm-based scenarios.

Current and emerging ACOPs focus heavily on the use of vehicles and machinery – areas consistently identified as leading causes of death and injury on farms. This includes guidance on quad bikes, tractors, utes and side-by-side vehicles, as well as their safe operation on uneven terrain and proper maintenance procedures.

Additional codes address responsibilities in multi-operator environments and provide clearer expectations around child safety on farms – an issue of ongoing concern in rural communities.

Alongside regulatory guidance, WorkSafe has expanded its on-the-ground presence. Inspectors are increasingly visiting farms not only to assess compliance, but also to engage directly with farmers and workers.

Hundreds of visits have been carried out in concentrated periods, with around 1,000 farm visits conducted between October and December 2025 with a focus on observing real-world practices involving machinery, hazardous substances and general risk management.

These visits are not purely enforcement-driven; they are also intended to provide practical advice and identify common issues across the sector. This hands-on approach allows WorkSafe to gather valuable data while building relationships within the farming community.

More collaboration

Another important element of WorkSafe’s strategy is its emphasis on education and industry collaboration. Acknowledging that lasting improvements in safety require cultural change, the regulator has partnered with industry groups and events to promote safer practices. Campaigns and resources such as ‘Keep safe, keep farming’ aim to integrate health and safety into everyday decision-making on farms.

By working with organisations that already have credibility in rural communities, WorkSafe’s aim is to influence behaviour in a way that traditional enforcement alone cannot achieve.

Perhaps the most notable shift in WorkSafe’s approach is its move toward a more balanced model of regulation, combining enforcement with proactive guidance.

While WorkSafe retains the ability to take enforcement action where necessary, there is now a stronger emphasis on helping farmers understand and meet their obligations before incidents occur.

This reflects an understanding that many farmers operate in complex, resource-constrained environments where practical, accessible advice can be more effective than punitive measures alone.

Looking ahead

WorkSafe New Zealand’s activities in the agricultural sector represent an evolving strategy.

Through targeted regulation, increased farm visits, collaborative education efforts and a focus on the most significant risks, the regulator is working to improve safety outcomes across one of New Zealand’s most vital industries. While challenges remain, the current approach signals a commitment to reducing harm through both accountability and support.

To read more on WorkSafe’s ACOPs, click here.

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 Rural 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

Employment law reform in 2025

July 28, 2025

Business Updates, Contracts and Agreements, Employment Law, Health & Safety, Legal News, Workplace Advice

Employment law continues to evolve, with several changes, or proposed changes, introduced by the government in recent months. The changes are widespread across the employment law spectrum, and it will be important for both employers and employees to be across them.

Theft by an employer

The Crimes (Theft by an Employer) Amendment Bill came into effect on 13 March 2025. Amending the Crimes Act 1961, it now states an employer will commit theft if they intentionally fail, without reasonable excuse, to pay money owed to an employee under their employment agreement and/or statutory obligations. This includes all remuneration entitlements during the notice period and any outstanding holiday pay when they leave their employment.

Whilst this does not change employer obligations, it increases their potential vulnerability to criminal prosecution if money is withheld.

If employers are found guilty of theft under this new law, they can be liable:

For individual employers, for a fine of $5,000, up to one year’s imprisonment, or both, or
For corporate employers, a maximum fine of $30,000.

Equal Pay Amendment Act

On 14 May 2025, the government amended, under urgency, the Equal Pay Act 1972; this was originally implemented to promote gender pay equity by ensuring that employees received equal pay for work of equal or comparable value.

These amendments increased the threshold for what is required to raise a claim under the Act and discontinue current pay equity claims.

Pay deductions for partial strikes

On 25 June 2025, the Employment Relations (Pay Deductions for Partial Strikes) Amendment Bill was passed.

Partial strikes are a common bargaining tool used by employees in negotiations with their employer; employees report to work but reduce their usual outputs or breach their employment agreement in some way. This legislation has reintroduced the ability to make pay deductions from an employee who is involved in a partial strike.

The specified pay deduction can be calculated by either:

Calculating the percentage of reduction in work rate resulting from the strike, or
Applying a 10% deduction.

The deduction will only apply to the time period an employee took part in a partial strike (notice to an employee would be required before the deduction is made). An employee’s remuneration for that period will not be subject to statutory minimum wage requirements.

There is an exception to this where an employee has reasonable grounds for believing the strike is justified on the grounds of health and safety under s84 of the Employment Relations Act 2000.

Termination of employment by agreement proposal

The Employment Relations Act 2000 (ERA) currently states that an employee can only be dismissed if there is a good reason to do so (justification), and a fair and proper process is followed.

The Employment Relations (Termination of Employment by Agreement) Amendment Bill would allow an offer to be made to an employee to mutually terminate their employment by paying a specified sum to them by way of settlement. This change would allow greater freedom for parties to negotiate exits without the risk of a personal grievance claim arising from the termination offer.

Employee remuneration disclosure

The ERA currently allows employers to include provisions that prevent their employees from disclosing, or discussing, their remuneration with colleagues or third parties. Under this proposed legislation employees would not be required to keep their remuneration details confidential.

The Employment Relations (Employee Remuneration Disclosure) Amendment Bill sets out that employees will have grounds for a personal grievance under s103 of the ERA, if an employer has engaged in adverse conduct for a remuneration disclosure reason. The intent behind the Bill is to increase pay transparency, and with the hope of addressing pay inequities.

Unjustified dismissal regime

The government announced on 17 June 2025 the introduction of the Employment Relations Amendment Bill. The bill proposes that employees who earn $180,000 per annum or more (in base pay) will be prevented from raising a personal grievance for unjustified dismissal. This threshold aligns with the top tax bracket and is said to affect about 3.4% of the current workforce. The threshold would subsequently be adjusted annually to reflect the CPI.

Under this proposed legislation, an employee earning above the specified income threshold could be dismissed without the risk of an unjustified dismissal claim – unless their employment agreement explicitly preserves this right. This change will apply to all new employees and, after a 12-month transition period, to all employees.

If this bill is passed, we expect more senior employees to negotiate compensation provisions in their employment agreements in the event of termination.

Personal grievance remedies reduction

The ERA currently requires an employee’s conduct to be considered when the authority or court awards remedies for successful personal grievances (PG). However, the Employment Relations Amendment Bill introduced on 17 June, gives greater weight to an employee’s behaviour by:

Removing an employee’s eligibility for remedies for a PG if their behaviour amounts to serious misconduct
Removing an employee’s ability to apply for reinstatement or compensation (other than lost wages) if their behaviour contributed to the issue giving rise to the PG
Allowing courts and tribunals to reduce awards entirely
As part of the potential awarding of remedies, considering whether an employee delayed the disciplinary process, and
Removing employer penalties for minor flaws in the disciplinary process if all other conduct was fair and reasonable.

Review of health and safety

In 2024 the government undertook a consultation aimed at understanding how the current health and safety legislation works. In response, the following changes have been proposed:

An exemption for small, ‘low risk’ businesses from some general Health and Safety at Work Act 2015 (HSWA) requirements. These businesses will only have to manage critical risks and provide basic facilities to ensure worker welfare
Landowners will not be responsible if someone is injured on their land while doing recreational activities. These responsibilities will lie with the organisation that is running the activity
Addressing overlapping health and safety duties by clarifying boundaries between the HSWA and regulatory systems that manage the same risk
Amending the notification requirements, so that only significant workplace events are reported, and
Clarifying the distinction between governance and management’s role in managing health and safety risks, ie: the board leaving the day-to-day management of risks to management.

Additional proposed changes to note

The Employment Relations (Restraint of Trade) Amendment Bill is awaiting its second reading. This bill seeks to limit circumstances where restraint of trade provisions can be enforced by having an income threshold, requiring compensation for the period of the restraint and ensuring they are reasonable.

The Employment Relations Amendment Bill introduced on 17 June 2025, included the long awaited ‘gateway test’ to be used when determining whether a worker is a contractor. For clarification on this proposed test, please get in contact with us.

Wide impact

There will be few employers and employees who are not impacted by the proposed changes; these will require employment agreements to be reviewed, change the way employment relationships are terminated and result in a different focus in personal grievance disputes.

We are happy to advise on how to work your way through the impacts of both the proposed changes and the recently passed legislation.

DISCLAIMER: All the information published in Property Speaking 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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