NZ health and safety changes: What are they and what do you need to do?

Health and safety law in New Zealand is changing. Over 2025 and 2026, the government has moved to simplify the rules, shifting the focus onto critical risks while easing the burden on small businesses. So what exactly has changed, and what does it mean for you? 

H&S changes 

Critical risks and small PCBUs 

The Health and Safety at Work Amendment Act 2026 sharpens the focus on "critical risks." These are hazards falling into two broad categories: 

1. Hazards covered by regulations listed in Schedule 1A, including specific risks such as remote or isolated work, working with raised objects, or young persons; and high-risk regimes such as asbestos, hazardous substances, mining, and major hazard facilities; and 

2. Any other hazard likely to cause death, a notifiable injury or illness, or a listed occupational disease (for example, leptospirosis from animal handling). 

The list is broad and will require businesses to work through existing risk registers to identify what is in or out against the criteria. Large businesses will need to prioritise critical risk management and smaller businesses will have some duties limited to critical risks only. 

The new "small PCBU" (Person Conducting a Business or Undertaking) category applies to businesses with fewer than 20 workers for nine out of 12 months of the year. Duties for information, training, instruction, supervision, and PPE narrow to critical risks. Other duties, including washing facilities and first aid, remain unchanged. 

Approved codes of practice 

Approved Codes of Practice (ACOPs) can now be developed by industry bodies or other groups and submitted to WorkSafe. The draft ACOP is then reviewed before WorkSafe submits it to the Minister along with a recommendation to approve, reject, or amend. This should speed up the development of industry-specific guidance. 

ACOPs also provide "safe harbour" for businesses that comply with them. If you follow an ACOP, such as the new forestry and harvesting ACOP, or the soon-to-be-released agricultural vehicles ACOP, you will have met the legal requirements. This applies to recent ACOPs (e.g. loading and unloading cargo at ports and on ships, and forestry and harvesting), as well as any future ACOP. Older ACOPs need review and reapproval before they qualify. 

Officers and recreational users 

Officer due diligence duties are limited to those listed in the Act. Also, operational work is separated from governance. Hands-on directors or business owners will not have to apply due diligence in their operational role. 

Landowners permitting recreational use of land will also be more clearly exempt from health and safety duties if it is not part of their business. Tramping, hunting and other forms of recreational access can occur without attracting duties unless, for example, you are charging for it as a tourism provider. 

It is unlikely these changes will affect many businesses, as they largely confirm the approach officers and businesses were already taking. 

When do they come into force? 

The Amendment Act became law on 9 July 2026. Last-minute changes mean, however, it will not take effect until 1 April 2027. The delay allows any government elected after the November elections to make changes. 

Labour has committed to repealing the reform if it wins the next election. NZ First is closely aligned to Pike River families who advocated against the changes and achieved the delayed implementation date. It has signalled it wants to revisit parts of the Act regardless of who governs next. ACT has said it would resist any attempt at repeal. This means there is still uncertainty about the future of the Amendment Act, and it will be an election topic. 

This is general guidance. If you want to know more about what this means for you, get in touch. We can arrange support ranging from a quick call, through to Officer Due Diligence workshops or an H&S system review. 

For more detail and ongoing updates as we approach commencement, see WorkSafe's “Understanding the changes to the health and safety law” webpage.

Our health and safety specialists can help you work out what the Amendment Act means for your business and get the groundwork done before it takes effect on 1 April 2027.

Disclaimer:

Findex NZ Limited trading as Findex.
The views and opinions expressed in this article are those of the author/s and do not necessarily reflect the thought or position of Findex.
This article contains general information and does not constitute legal or taxation advice. If you need legal or taxation advice, we recommend you speak to a qualified adviser
August 2026.