Update: New Zealand’s Health & Safety at Work Amendment Bill (Received Royal Assent)
Drop us a note In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss New Zealand's Health and Safety at Work Amendment Bill, which received Royal Assent on 9 July and commences 1 April 2027. They unpack the shift towards a focus on critical risks for small business and an expanded role for approved codes of practice, and question whether this makes the regime more prescriptive than the "reasonably practicable" standard intended. The conversation moves to a Wellington waterfront fatality case and the accountability questions it raises for local councils and their executives. If you'd like us to cover a specific topic or have any feedback we'd love to hear from you. Email admin@r2a.com.au . For further information on Richard and Gaye's work with R2A, head to https://www.r2a.com.au . Timestamps: 00:00 – Introduction 00:40 – NZ Health and Safety at Work Amendment Bill receives Royal Assent (9 July), effect from 1 April 2027 01:23 – Speed of the Bill through NZ Parliament compared to Australia 01:53 – Key changes: focus on critical events for small business; expanded role of approved codes of practice 02:34 – Tension between codes of practice as a "minimum standard" and the "reasonably practicable" objective 03:16 – R2A's process for testing and documenting what's reasonable in the circumstances 04:36 – Richard's two closing workshop questions, and using AI as a "watchdog" for critical issues 05:16 – Richard's experiment running local AI models on Mac hardware 06:15 – Controls evolve even when critical issues don't; AI as a possible future control or QA system 06:56 – Port automation, wearable tracking tech, and phone-based hazard alerts 08:04 – Recap: NZ's shift to criticality focus and increased use of codes of practice 08:38 – Port of Auckland CEO Tony Gibson prosecution and its link to the new amendment 09:13 – Case study: Wellington waterfront fatality (referred by NZ associate Frank Stocks) 09:41 – Details of the incident and the coronial inquiry 10:40 – Prior fatality two years earlier (Sandy Calkin) and unimplemented lighting/edge-protection recommendations 11:08 – Criticism of Wellington council for rejecting the recommendations 12:04 – Who bears liability — councillors vs council executive 12:50 – Parallel with Owners Corporation committees and volunteer liability in Australia 14:15 – Debate: should businesses be expected to know all their hazards? 14:49 – Prescriptive vs "reasonably practicable" regimes, and why WA delayed its own WHS Act 15:44 – Will Australia follow New Zealand's more prescriptive approach? 17:04 – Which legislation will apply if the Wellington case proceeds to prosecution 17:36 – Close







