WorkplaceWellbeing Archives

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

Business briefs

September 24, 2025

Business Regulation & Compliance, Consumer & Fair Trading, Employment Law & Workplace Wellbeing, News & Legal Updates, Privacy & Technology

Commerce Commission – Misleading and deceptive conduct – Noel Leeming

The Commerce Commission has filed criminal charges against electronics retailer Noel Leeming, alleging that its well-known ‘Price Promise’ misled consumers.

The retailer had promoted the promise as a guarantee that customers would always receive a match with a competitor’s price. In practice, however, the exclusions and restrictions in the terms and conditions significantly limited the application of this and many shoppers were unable to rely on the promise as advertised.

The Commission has alleged multiple breaches of the Fair Trading Act 1986 that prohibits businesses from engaging in misleading and deceptive conduct. The Commission emphasised the importance of large retailers being clear and honest in their advertising. It has previously warned businesses that disclaimers buried in fine print may not be enough to correct misleading impressions.

This investigation serves as a reminder to all New Zealand businesses of the importance of ensuring promotional promises are accurate and not undermined by hidden conditions. For consumers, it highlights the need to be cautious of marketing claims that may not tell the full story.

Online Casino Gambling Bill

The government has introduced the Online Casino Gambling Bill. This is a significant reform in the gambling sector that would allow online casino operators to be licensed and regulated in New Zealand for the first time.

Up to 15 operator licences will be allocated by auction to businesses seeking to offer online casino services to individuals in New Zealand, whether based locally or offshore. It is anticipated that large offshore gambling companies will feature prominently among applicants for the 15 licences. These licences will be valid for three years and renewable for a further period of five years. Operators will be subject to strict conditions, including mandatory age and identity verification, advertising restrictions, harm minimisation obligations and fines of up to $5 million for breaches.

While the Bill is intended to facilitate a safe and compliant regulated online casino gambling market, it has attracted strong opposition from more than 50 sporting organisations. Unlike the current Class 4 ‘pokie trusts’ system, which distributes millions each year to grassroots and community sport, the new framework does not require online casino operators to contribute to community funding. Sporting leaders have warned that the change could severely impact local organisations already facing financial pressure due to a lack of funding.

The Bill is currently before the select committee and a report on the Bill is due in November 2025.

Biometrics Processing Privacy Code 2025

In last summer’s edition of Commercial eSpeaking (#69), we reported on the draft Biometrics Processing Privacy Code. Since then, the Office of the Privacy Commissioner has finalised the Code; this will take effect on 3 November 2025. Organisations already using biometric technologies will have until 3 August 2026 to ensure full compliance.

The Code applies to organisations using automated processes to collect and use biometric information – that is, information about a person’s physical features or behavioural traits, such as facial features, fingerprints, voice or eye patterns.

The Code introduces 13 rules that go beyond the general information privacy principles in the Privacy Act 2020, requiring businesses that collect biometric data to take a more rigorous and transparent approach. These rules can be broadly categorised in the following way:

Purpose: Organisations must clearly identify why they are collecting biometric information and ensure that collection is necessary, effective and proportionate to that purpose
Safeguards: Adequate privacy protections must be in place before collection, including measures to reduce privacy risks, ensure system accuracy and strengthen security
Proportionality: Biometric data should only be collected where there are reasonable grounds to believe that the benefits of collection outweigh the potential privacy impacts on individuals
Openness: Individuals must be informed about how their biometric data will be used and disclosed so they can make an informed decision about providing it, and
Use limits: The Code places clear limitations on how biometric data can be used and when it may be disclosed.

Each rule contains specific obligations that may impact how your business collects, uses and protects biometric information. As a result, it is important that businesses review their biometric systems and policies to ensure compliance with the Code as the effective date (3 November) approaches.

To view the full and detailed list of the rules under the Code, please click here.

If you need any guidance on any of the above topics, please don’t hesitate to contact us.

DISCLAIMER: All the information published in Commercial 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 Commercial eSpeaking may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2025. Editor: Adrienne Olsen E-mail: [email protected] Ph: 029 286 3650

Calling in sick

September 24, 2025

Employee Rights, Employer Guidance, Leave Entitlements, Workplace Wellbeing

Minimising illness in the workplace

The winter months always seem to take their toll around the workplace with bugs lingering long into spring. While you can’t always control when sickness hits, as both employees and employers, there are things we can do to minimise the impact of illness in the workplace.

What does the law say?

There is no statutory or legal entitlement to work remotely or ‘work from home’ if employees are sick. Whether this is permitted depends on employment agreements and workplace policies.

Are you sick or not?

With the increase of remote working arrangements or working from home, the line can be blurred between sick leave and remote working. If an employee is sick, then they should stay home and take sick leave.

This does not mean that they are ‘working from home.’ There is no obligation for employees to work while they are sick. In fact, ensuring that employees have time to properly rest and recover is often more helpful in getting them back to the workplace.

Coming into work when unwell presents a health and safety risk to other employees; those who turn up sick are likely to expect conversations about going home to avoid others becoming ill. In some circumstances this may mean working from home if, for example, an employee feels well enough but is still contagious. If these discussions take place with care and with all individuals in mind, they are likely to be well received.

It is important to remember that any time an employee is not well enough to work, they may take sick leave. This can include sick leave for mental health if the impact of it is adversely affecting the employee’s ability to work.

When is a medical certificate needed?

Generally, employment agreements or workplace policies will set out when a medical certificate is required; this is often required where an employee is sick for three days or longer. In workplaces where there is a high level of trust, medical certificates are usually not needed on every occasion. If there is a prolonged illness or something that is going to have a lingering/flow-on effect, medical certificates are helpful to assist employees and employers to manage the issue.

If there is no medical certificate, understanding exactly what is going on and how long an employee thinks they may be away from work is important. For an employee, this shows good faith in assisting their employer to manage their absence and workload. That communication can also mean that there is less stress for the employee resulting from their absence from work.

There is no need for an employee to provide every detail of an illness, but the more information that is provided, the better the employer can plan around a situation and support their employee. Employees should expect their employers to ask for more detail of the illness or injury, and what that means in terms of their role, in instances of extended sick leave.

Requesting sick leave

The procedure for requesting sick leave is generally contained in workplace policies or employment agreements. Although employees are entitled to take sick leave when they are unwell, they should always contact their supervisor or manager first (by phone, text or email, in line with specific workplace policies). It’s essential that employees notify their workplace at the earliest opportunity – either before the start of their upcoming shift or at the start of the working day.

In our experience, where the focus is on hauora and where communication is strong, sick leave will be well managed for the benefit of both employees and employers.

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