Scope of consultation

This consultation is focused on the purpose and performance of the work health and safety regulatory system.

What is a ‘regulatory system’?

Regulation isn’t just about the law. Parliament passes laws, but to achieve Parliament’s intended outcomes, government agencies and other organisations need to deliver services and make sure people follow the rules. The laws, rules, agencies, organisations, and their practices are collectively known as a ‘regulatory system’.

The ‘work health and safety regulatory system’ refers to the:

  • Health and Safety at Work Act 2015 (the HSW Act)
  • supporting regulations, safe work instruments, standards, approved codes of practice, and guidance that sit under the HSW Act
  • regulators that implement the law and support people to comply through engagement, enforcement, and standard setting
  • people and organisations authorised by the regulator or regulations to certify or licence businesses for high-risk work and activities.

MBIE is the Government’s lead advisor on work health and safety policy. WorkSafe New Zealand is the primary work health and safety regulator, and there are two other regulators in the system: Maritime New Zealand (for ships and major ports (the latter from 1 July 2024)) and the Civil Aviation Authority (for aircraft). WorkSafe also authorises third parties to inspect or licence other businesses, and some of the regulations rely on other third parties. For example, compliance certifiers are authorised by WorkSafe to check compliance with the Health and Safety at Work (Hazardous Substances) Regulations 2017, and Scaffolding, Access and Rigging New Zealand issues certificates of competence for scaffolding. 

Figure 1: Work health and safety regulatory system
figure 1 work health and safety regulatory system

What is not in scope? 

We are not consulting or seeking feedback on government agency funding, the rate of the Health and Safety at Work Levy, or the effectiveness and efficiency measures and targets for the frontline activities of WorkSafe. These are being progressed separately.