Health and Safety at Work Act 2015 explained for NZ businesses
New Zealand's Health and Safety at Work Act 2015 (HSWA) explained: PCBU and officer duties, notifiable events, penalties up to $3 million, 2027 changes.
Health and Safety at Work Act 2015 explained for New Zealand
The Health and Safety at Work Act 2015 (HSWA, Public Act 2015 No 70) is New Zealand's main workplace health and safety law. It came into force on 4 April 2016, replaced the Health and Safety in Employment Act 1992, and puts the primary duty on the "person conducting a business or undertaking" (PCBU) to keep workers and others safe so far as is reasonably practicable (NZ Legislation; WorkSafe).
Officers carry a personal due diligence duty. Notifiable events must be reported to the regulator. Maximum penalties for reckless conduct reach $3 million for a company, or 5 years in prison for an individual (Act, s 47).
What HSWA covers in New Zealand
The Act has five Parts. Section 3 sets the purpose as "a balanced framework to secure the health and safety of workers and workplaces", and workers should get the highest protection that is reasonably practicable (NZ Legislation; WorkSafe special guide). It binds the Crown, New Zealand ships wherever they are, and regulated offshore work in the exclusive economic zone and on the continental shelf.
| Part | Covers |
|---|---|
| 1 | Purpose, application, definitions |
| 2 | Health and safety duties, offences, notifiable events, site preservation |
| 3 | Worker engagement, participation and representation |
| 4 | Enforcement: notices, enforceable undertakings, infringement offences, prosecutions, sentencing, inspectors |
| 5 | Levy, regulations, approved codes of practice, safe work instruments, repeals |
Who has workplace health and safety duties?
A PCBU (s 17) is anyone conducting a business or undertaking, for profit or not. That includes sole traders and companies. It excludes people acting only as workers or officers, volunteer associations, and home occupiers who only engage someone for residential work (WorkSafe).
An officer (s 18) includes a director, partner or someone with significant influence over management of the business, such as a chief executive. Ministers and people who only give advice are excluded (WorkSafe officer FAQs).
A worker (s 19) is anyone who does work in any capacity for a PCBU: employees, contractors, subcontractors, labour-hire staff, outworkers, apprentices, trainees, work-experience people and volunteer workers (WorkSafe special guide). A workplace (s 20) is anywhere work is carried out or customarily carried out, vehicles, vessels and aircraft included (Act).
"Reasonably practicable" (s 22) weighs the likelihood of the risk, how bad the harm could be, what the person knows or ought to know, and what controls are available and suitable. Cost comes last and counts only if it is grossly disproportionate to the risk (WorkSafe). Section 30 requires you to eliminate risks so far as reasonably practicable. Otherwise, minimise them so far as reasonably practicable (Act).
Key duties under the Act
The primary duty of care (s 36) requires a PCBU to ensure, so far as is reasonably practicable, the health and safety of workers it engages, or whose activities it influences or directs, and that its work puts no one else at risk. Section 36(3) covers the work environment, plant, structures and systems of work, safe handling and storage, welfare facilities, information, training, instruction and supervision, and health monitoring (WorkSafe).
Sections 37 to 43 add upstream duties for PCBUs that manage workplaces, fixtures, fittings or plant, and for designers, manufacturers, importers and suppliers of plant, substances or structures. Installing, constructing or commissioning is limited to plant and structures (Act).
Duties often overlap. Section 33 says more than one person can hold the same duty, and s 34 then requires those PCBUs to consult, co-operate and co-ordinate. Duties can't be contracted out (s 28). Insuring against fines or infringement fees has no effect, and offering or taking out such cover is itself an offence under s 29. Reparation can still be insured (NZ Legislation).
Officers must exercise due diligence so the PCBU complies (s 44). That means staying current, knowing the hazards, resourcing the controls, and checking they are used (WorkSafe officer FAQs).
Workers must take reasonable care of themselves and others and follow reasonable instructions so far as reasonably able (s 45). They must also co-operate with reasonable notified policies. Other people at a workplace have similar duties (s 46) (Act). PCBUs must engage with workers and have worker participation practices (ss 58 and 61). Trained health and safety representatives can issue provisional improvement notices and direct that unsafe work stop (WorkSafe FAQs). Since 13 June 2023, any worker can ask for a representative election, and a representative or 5 or more workers can ask for a committee (WorkSafe).
Notifiable events under HSWA
A notifiable event is a death, a notifiable injury or illness, or a notifiable incident (ss 23 to 25) (Act). Not every injury, spill or fire meets the threshold. Check WorkSafe's notification guidance rather than the event's name.
Section 56 says to notify the regulator as soon as possible after you become aware, by the fastest means available. A written notice may be required within 48 hours. There is no 24-hour deadline in the Act, despite the common belief.
Keep records for at least 5 years (s 57) and preserve the site until an inspector says otherwise (s 55). Helping an injured person, removing a deceased person, making the site safe and following a police direction are allowed (Act, ss 55 to 57).
WorkSafe New Zealand is the main regulator. Maritime NZ covers ships and the Civil Aviation Authority covers aircraft in operation (WorkSafe special guide).
Penalties and prosecutions
Breaching a Part 2 duty falls into three tiers. Only s 47 is reckless conduct, and only that row can mean prison (NZ Legislation; WorkSafe).
| Offence | Individual who is not a PCBU or officer | Individual PCBU or officer | Company or other non-individual |
|---|---|---|---|
| s 47 reckless conduct exposing someone to risk of death or serious injury or illness | $300,000 and/or 5 years | $600,000 and/or 5 years | $3 million |
| s 48 failing to comply with a duty that exposes someone to a risk of death or serious injury or illness | $150,000 | $300,000 | $1.5 million |
| s 49 failing to comply with a duty | $50,000 | $100,000 | $500,000 |
Regulations can create infringement offences, with fees of up to $12,000 under s 211. Sections 47 to 49 can never be infringement offences (s 136) (Act; WorkSafe). An enforceable undertaking (s 123) is a binding alternative to prosecution. It isn't available for s 47 (WorkSafe).
Section 146 uses the latest of three prosecution deadlines: 12 months after the regulator knew of the offence, or reasonably should have, 6 months after a coroner's findings, or 6 months after an enforceable undertaking is breached or withdrawn. Under s 147, the District Court can extend the period by up to 12 months if the application is made before the period ends (Act). At sentencing, s 151 looks at the Act's purpose, the risk, harm that occurred or could have been expected, the safety record, departure from industry standards, and financial capacity only so far as it increases the fine. Courts can also order adverse publicity, restoration or training (Act, ss 151 to 158).
How HSWA replaced the 1992 Act
Section 231 repealed the Health and Safety in Employment Act 1992 and the Machinery Act 1950 (1992 Act; 2015 Act). The 1992 Act was framed around employers and employees (Government Q&A). HSWA puts the duty on the PCBU for every worker, gives officers their own duty, and uses tiered penalties. Notifiable events go to the regulator, and the PCBU must record them (Act).
Some older rules carried over. Schedule 1 treats certain 1992-era regulations as made under HSWA, including the 1995 employment regulations and the 1999 pressure-equipment regulations. Approved codes issued under the 1992 Act continue. Regulations made under HSWA itself include general risk and workplace management, worker engagement, asbestos, major hazard facilities and hazardous substances.
Changes coming on 1 April 2027
The Health and Safety at Work Amendment Act 2026 (2026 No 38) got Royal assent on 9 July 2026 and takes effect on 1 April 2027 (NZ Legislation; WorkSafe). Until that date, the current duties apply in full to every PCBU, whatever its size. The changes (WorkSafe; factsheet):
- The main purpose becomes a balanced framework that prioritises critical risks, and gives PCBUs more certainty about their duties.
- A critical risk (new s 22A) is a Schedule 1A hazard, or a risk likely to cause death, a notifiable injury or illness, a notifiable incident, or an ACC Schedule 2 disease. Mental health harm is included.
- A small PCBU has fewer than 20 workers, with a separate rule for seasonal businesses. Its ss 36 to 43 duties apply only to critical risks. Welfare facilities still apply in full.
- Larger PCBUs still manage every risk and must prioritise critical ones. Failing to prioritise is not itself an offence.
- Safe harbour: following an applicable approved code of practice counts as compliance for that risk. Anyone, including industry, can draft a code.
- Officer due diligence covers the governance role only, even if the officer also works in the business. Complying with another Act on the same risk counts as HSWA compliance.
- Recreational access to outdoor workplace land gets a new exception from the workplace-control duty (s 37).
- Sections 47 to 49 penalties do not change. General risk regulations 9, 15 and 19 change the same day.
The Minister signed an approved code of practice for residential construction sites on 16 October 2026. It takes effect on 1 April 2027 (WorkSafe).
The consolidated Act is dated "as at 5 April 2025" and doesn't yet show the 2026 changes. Read the amendment Act alongside it. You can also ask RegAffairs AI what the Act covers and get answers that cite the sections.