Navigating Change: Health and Safety Reforms 2025

In a significant move to reshape New Zealand’s workplace safety landscape, the Government has announced the first phase of reforms to the Health and Safety at Work Act 2015 (HSWA). These changes, expected to be legislated by early 2026, aim to simplify compliance, reduce regulatory burden, and refocus attention on managing serious workplace risks. While the reforms have been welcomed by many in the business community, they have also sparked debate about whether they go far enough or too far in protecting workers.

Overview of the Proposed Changes

The reform package proposes several key amendments:

• Targeted Compliance for Small, Low-Risk Businesses: Businesses deemed small and operating in low-risk environments will be required only to manage “critical risks” -those that could result in death, serious injury, or serious illness. These businesses must also provide basic workplace facilities such as first aid kits, emergency plans, and access to clean drinking water. 
• Refined Purpose of the HSWA: The Act’s primary objective will be sharpened to focus specifically on critical risk management, moving away from a broader hazard-based approach. 
• Clarification of Overlapping Duties: The reforms aim to reduce confusion and overcompliance by better delineating the boundaries between the HSWA and other regulatory systems that already govern similar risks. 
• Streamlined Incident Reporting: Businesses will only be required to notify WorkSafe of significant workplace incidents. This is aimed at reducing the administrative load associated with minor or low-impact events. 
• Governance vs Operational Responsibilities: A clearer distinction will be made between the strategic oversight responsibilities of directors and the operational duties of managers. This aims to reduce directors’ concerns about personal liability and encourage more effective governance. 
• Revised Approved Codes of Practice: The current model will be updated to enable industries and business to provide their own Approved Codes of Practice (ACOPs), which would be subject to Government approval. Currently these are published by WorkSafe. Once accepted, compliance with an ACOP would also be deemed compliance with obligations under the HSWA.
• Landowner Liability Adjustments: Landowners will no longer be held responsible under health and safety law for injuries sustained by individuals engaging in recreational activities on their land. Responsibility will rest with the organisation conducting the activity. 

Support and Criticism

Business leaders have largely welcomed the proposed reforms, particularly the reduced compliance burden for smaller businesses and the clarification of director responsibilities. Many argue that the current system has become overly complex, with a focus on “tick-box” compliance that does not necessarily improve safety outcomes. 

The Institute of Directors, for example, has praised the move to separate governance from operational duties, noting that clearer boundaries will help directors focus on strategic oversight without fear of overstepping into day-to-day management. 

However, the reforms have also drawn criticism from unions and safety advocates. The New Zealand Council of Trade Unions has expressed concern that exempting small businesses from broader obligations could weaken protections in sectors where risks are underestimated or poorly understood. 

They argue that small businesses often lack the resources and expertise to manage even basic safety risks effectively, and that removing regulatory oversight could lead to increased harm.

Others have pointed out that the reforms do not address deeper systemic issues, such as underfunding of WorkSafe, inconsistent enforcement, and the need for stronger leadership and clearer guidance across industries. 

There is also concern that the focus on critical risks may lead to the neglect of emerging hazards, such as psychosocial harm and mental health challenges, which are increasingly recognised as significant workplace issues.

Looking Ahead

The Government has indicated that this is only the first phase of a broader reform agenda, with further announcements expected later in 2025. The success of these changes will depend heavily on how they are implemented. Particularly how “small, low-risk business” and “critical risk” are defined in practice.

If executed well, the reforms could lead to a more focused, efficient, and effective health and safety system. However, if they result in a dilution of standards or reduced accountability, the long-term consequences could be serious.

As the legislative process unfolds, businesses, workers, and regulators alike will need to stay engaged to ensure that the reforms strike the right balance between reducing unnecessary red tape and maintaining robust protections for all New Zealanders at work.

For any questions regarding health and safety law, or other employment law matters, the specialist employment law team at DTI Lawyers can assist. You can contact us by email at [email protected] or phone 07 282 0174.