Although the details of these proposed changes have not yet been finalised, we outline below what we currently know.
Simplifying risk management for small, low-risk businesses
On 31 March 2025, the Minister announced a proposal to “carve-out” small, low-risk businesses from general requirements of the HSW Act. The Minister stated that such businesses would only be required to manage critical risks (i.e., those that could cause death, serious injury or serious illness) and provide basic facilities to ensure worker welfare. The objective is to cut “health and safety red tape” and improve outcomes for businesses and workers by concentrating on critical risks and removing unnecessary costs.
Information has not yet been provided about what will qualify as a “small, low-risk” business for this purpose, or what management of critical risks will involve. However, the announcement indicated that this would be limited to providing first aid, emergency plans, and basic facilities such as suitable lighting, with no need for businesses to have psychosocial harm policies.
Confirming responsibilities of landowners in recreational settings
The second announcement, made on 1 April 2025, related to the use of land for recreational purposes, with the Minister announcing that landowners will not be responsible if someone is injured on their land while engaging in recreational activities. The purpose of this proposed change is to make it clear that health and safety responsibilities in such cases will lie with the organisation running the activities. A landowner would still need to consider risks from their work where that work was happening in the immediate vicinity of the recreational activity. By way of example, if a landowner allowed a mountain biking competition on a working farm, any risks in relation to the mountain biking would be the responsibility of the organisers of the competition, with the landowner only responsible for risks relating to their own operations. The Minister has stated that this change will apply to both public and private land, including farms, forestry, school grounds, local council land and regional and national parks.
This proposed change would be a significant departure from the current requirements under the HSW Act. Under the current settings, a landowner’s responsibilities for the management of risks associated with a recreational activity taking place on their land depends on the level of influence and control they exercise over that activity.
This announcement follows discussion in the High Court decision in Whakaari Management Ltd v WorkSafe New Zealand [2025] NZHC 288 (which we reported on here) around who has obligations when land is used for recreational purposes.
Clarifying governance and operational management responsibilities
On 2 April 2025, the Minister announced that the Government intended to clarify the distinction between governance and operational management health and safety responsibilities. The purpose of doing so is intended to reduce directors’ fears and risks of over-compliance. The proposed change is that the HSW Act would specify that the day-to-day management of health and safety risks is the responsibility of managers, so that directors and boards can focus on governance and the strategic oversight of the business.
The Minister stated that, during the public consultation and roadshow on health and safety reform in 2024, many business owners and company directors expressed uncertainty about their duties under the HSW Act, with this resulting in over-compliance and potential duplication of work between directors and operational managers. The intention of this proposed change is to avoid this and therefore enhance the effectiveness of health and safety governance. The Minister stated that work is continuing to ensure that the proposed change is effective and fit-for-purpose, with further details of this proposed change to go back to Cabinet for decisions.
Greater use of ACOPs to provide guidance
Finally, on 3 April 2025 the Minister announced that there would be a greater focus on Approved Codes of Practice (ACOPs), with confirmation that if someone complies with an ACOP, this will mean that they have done enough to meet their health and safety duties. ACOPs, which are provided for in the HSW Act but which pre-date that legislation, are documents which contain practical guidelines regarding health and safety duties for people in specific sectors and industries.
The Minister stated that the intention was to move away from reliance on regulations to greater use of ACOPs and noted that the purpose of relying on ACOPs was to give people clarity about what is required to meet their health and safety duties. While ACOPs may be sector based, they may assist with understanding what is “reasonably practicable” across a range of sectors. In addition, the Minister stated that rather than having WorkSafe lead the process of developing new ACOPs, individuals and groups such as industry organisations would be able to initiate work on ACOPs. This would ensure that ACOPs reflect what works in practice. The Minister would approve each new ACOP against a set of standards to ensure that they are high quality.
Additional proposals
In addition to the proposed amendments discussed above, the Minister announced that Cabinet had also agreed to:
- reduce “tick-box” health and safety activities that do not protect workers from harm, by confirming that the primary purpose of the HSW Act is to focus on critical risk;
- clarify the boundaries between the HSW Act and other regulatory systems to prevent overlapping health and safety duties, described in the announcement on 31 March 2025 as addressing over-compliance;
- cut compliance costs by limiting mandatory notification requirements to the regulator to only significant workplace events (deaths, serious injury, illness, and incidents); and
- help the proliferation of road cones by providing a hotline to report “overzealous rode cone use” and providing for WorkSafe to confirm and provide guidance on instances of overcompliance.
What does this all mean?
While the Minister has provided an outline of the key proposed changes, in most cases there is still a lot of detail to come. The proposals appear to have two central aims: (1) reducing compliance costs, with a real concern that there has been over-compliance at times – with road cone use seen as emblematic of this; and (2) providing greater certainty for businesses. Both issues reflect concerns about the way in which the HSW Act, which is not prescriptive legislation, has been applied to date. The extent to which the proposed changes achieve the balance of addressing these concerns, while still, as the Minister says, ensuring that New Zealanders return home safe every day, is something that will be watched with interest.
If you have any questions about the matters raised in this article, please get in touch with the contacts listed or your usual Bell Gully adviser.