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Navigating New Zealand’s upcoming Health and Safety Reforms: Key Insights from the webinar
The 2025 H&S Reforms Webinar brought together key voices from Business New Zealand, MBIE, and industry leaders to discuss major changes to New Zealand’s health and safety framework. The proposed reforms aim to ease compliance for small businesses, clarify governance and management duties, address regulatory overlap, and refocus efforts on managing critical risks rather than minor hazards. With legislative changes on the horizon, the session highlighted a clear commitment to practical, proportionate safety measures and stronger industry-driven guidance.
Presenters
- Paul Mackay, Business New Zealand
- Hayden Fenwick, Ministry of Business, Innovation and Employment - Health and Safety Policy Manager
- Conor Whitten, Business Central
Key Points from the session
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Discussion Areas
1. Background and Context of Reforms
Paul Mackay explains that the Pike River disaster catalysed major health and safety reforms, shifting focus from harm prevention to risk management. Despite these changes, workplace deaths and serious harm haven't decreased by the targeted 25% year-on-year, prompting calls for reform. A joint review by Business New Zealand, the Institute of Safety Management, the Business Leaders Health and Safety Forum, and the Council of Trade Unions identified several issues:
• Outdated regulations that haven't been updated to align with current principles
• Concerns about WorkSafe's guidance, capacity, and capability
• Recognition that the Act's principles weren't necessarily the problem
2. Key Proposed Changes
The discussion outlines several significant reforms being proposed -
A. Small Business Carve-OutThe reforms recognise that small to medium businesses face different practical realities than larger organisations. The proposal aims to reduce administrative burden while maintaining safety responsibilities: |
B. Overlapping Duties and Regulatory SystemsThe reforms address confusion caused by overlapping regulatory systems: |
C. Road Cone ProliferationThe reforms aim to address excessive traffic management measures: |
D. Landowner ResponsibilitiesClarification of landowner responsibilities when others use their land: • Shifting responsibility to those conducting activities rather than landowners• Recognition that landowners aren't always best placed to manage risks • Clearer delineation of who is responsible for managing specific risks
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E. Governance versus Management ResponsibilitiesThe reforms aim to clarify the distinction between governance and management duties: |
F. Focus on Critical RisksA key change is prioritising critical risks over minor hazards: |
3. Process and Timeline
Hayden Fenwick outlines the process for implementing these changes:
• First Cabinet paper on system-wide changes already approved
• Second paper on WorkSafe's role and performance to be announced soon
• Third paper mid-year to flesh out details on small PCBU duties, critical risks, and governance/management split
• Fourth paper on specific regulatory reforms
• Bill to be introduced late 2025 with normal select committee consultation
• Targeted stakeholder engagement throughout the process
Next Steps:
• More details about the Cabinet decisions to be released in early May
• Announcement about WorkSafe's role expected in the next few weeks
• Mid-year Cabinet paper to define small businesses, critical risks, and duty limitations
• Targeted consultation with representative groups ongoing
• Bill to be introduced late 2023
Additional Notes:
• The reforms aim to make WorkSafe more helpful in providing guidance rather than just enforcement
• Support for SMEs regarding the changes will include clear materials from MBIE, guidance from WorkSafe, and work with sector bodies
• Business organisations (Business Central, Business Canterbury, Business South) will provide resources and expert support to their members
• The Government intends to have the bill passed by the end of the current term
A range of Health and Safety Reforms FAQ were also covered for attendees.
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A big thanks to our presenters and attendees.
