Health and Safety Amendment Act Signals Major Shift in Workplace Regulation

New Zealand’s workplace safety landscape is set for its most significant change in a decade, following the introduction of the Health and Safety at Work Amendment Bill to Parliament in February 2026. The Bill aims to reduce compliance costs, provide clearer direction for businesses, and sharpen the national focus on preventing serious harm in the workplace.

Central to the proposed change is a stronger emphasis on identifying and managing “critical risks” which are hazards likely to cause death, notifiable injury, or serious illness. A significant structural change is the introduction of a new category of small PCBU (person conducting a business or undertaking), defined as businesses with fewer than 20 workers. Small PCBUs will be required to manage only critical risks, while larger businesses will continue to manage all risks but must prioritise those that could lead to the most serious consequences. According to the Government, this shift aims to create a more proportionate regulatory environment, reducing administrative burden for small operators while still maintaining focus on the most important safety outcomes.

The Bill also clarifies several aspects of existing legislation, including how overlapping duties interact with other regulatory frameworks (such as earthquake-prone buildings and a PCBU’s obligations under the Building Act 2004) and how obligations apply to workplaces that include recreational land. These clarifications are intended to provide businesses with more certainty when assessing their duties and engaging with regulators.

As the Bill progresses through Parliament, businesses are encouraged to begin reviewing their health and safety systems particularly their processes for identifying, assessing, and managing critical risks to ensure they are well positioned for the upcoming changes.