Important Health & Safety Changes Ahead

Tuesday 8 April, 2025

Change is on the way for Health and Safety law, affecting directors, landowners and small, low-risk businesses.  

Changes affecting directors

Minister van Velden has proposed “to clarify the distinction between governance and operational management health and safety responsibilities”.  

The proposed change would mean the day-to-day health and safety risk management and compliance would be the responsibility of operational managers. Directors and boards would be left to focus on governance and strategic oversight.   

This change is seen as a response to the District Court’s judgment in Maritime New Zealand v Gibson [2024]. In Gibson Judge Bonnar referred to the tension that exists between the responsibility under the Health and Safety at Work Act (‘HSWA’) being imposed upon those at the apex of large hierarchical organisations, and the fact that those officers may be removed from the day-to-day implementation of health and safety standards. 

Judge Bonnar went to identify a range of general principles applying to the exercise of an officer’s duty of due diligence, two of which related to the tension he identified. The first principle was the fact an officer may operate at the head of a large, hierarchical organisation does not diminish that officer’s duty. The second principle was that a non hands-on officer in a large PCBU cannot simply rely upon others within the organisation who may be assigned health and safety obligations or roles. The non hands-on officer must acquire and maintain sufficient knowledge to be reasonably satisfied that the PCBU is compliant. 

It is likely that governance directors can now expect a reduction in their liability under the HSWA. Just how far that reduction extends is unclear.  

Changes affecting landowners 

Minister van Velden is proposing to clarify health and safety law for landowners where land is used for recreational purposes. These proposed changes are seen as a response to the conviction of Whakaari Management Limited (‘WML’), which leased Whaakari (White Island) at the time of the recent tragedy. WML’s conviction was ultimately overturned by the High Court in February 2025.  

Under the proposed changes landowners would not be responsible where anyone is injured on their land while undertaking recreational activities. However, if landowners are conducting work, they would need to consider the risks of conducing that work in the immediate vicinity of the recreational activity.

The proposed changes would cover public and private land, including “from farms and forestry to school grounds, local council land and regional and national parks”. 

Small, low-risk businesses

Further changes are intended so small, low-risk businesses can focus on critical risk and reduce “tick-box health and safety activities”. Small low risk business would only be required to manage critical risks which “could cause death, serious injury or serious illness.” As yet there is no definition of what constitutes a small low-risk business. It may be that the proposed changes will free up such businesses from investing energy and costs in areas which at present may not be strictly required.  

Further proposals 

Further changes have been proposed to address concerns related to over-compliance. These are:

• Amending the requirements to notify the regulator so only significant workplace events are reported.
• Addressing issues of road cone overcompliance by implementing a public hotline.
• Changing the Approved Codes of Practice (‘ACOP’) model. Individuals and groups will be allowed to initiate work on ACOPs. 
    

If you have any questions about how these changes might affect you, please get in touch with one of our experts below.