WorkSafe has updated its enforcement policies and processes in a bid to give businesses more clarity about how enforcement decisions are made and how safety issues can be addressed and remedied faster.
Minister for Workplace Relations and Safety, Brooke van Velden said the changes include a clear expectation that WorkSafe actively considers other enforcement options before recommending prosecution.
“On my health and safety roadshow I heard concerns about WorkSafe’s approach to enforcement. In particular that WorkSafe can be heavy-handed in punishment when something does go wrong, but not always sufficiently supportive in providing advice on how to manage risks in the first place,” says Ms van Velden.
“New options such as formal warnings and pre-charge enforceable undertakings allow businesses who show a willingness to remedy issues and improve workplace safety to do so quickly without lengthy court processes.”
The Minister said these alternatives were an option where a business accepts responsibility, demonstrates a commitment to remedying issues, and can deliver tangible improvements to prevent harm. She said they mark a shift from the previous approach, where there were fewer enforcement options and prosecution was a primary tool.
“Prosecution will remain an option for cases where there has clearly been significant or negligent disregard for health and safety law, repeated non-compliance, or where serious harm has occurred and deterrence is necessary.”
“In my Letter of Expectations in May 2025, I asked WorkSafe to improve the consistency of its enforcement decisions and ensure its policies focus on clear breaches and causation, while aligning with the Solicitor-General’s Prosecution Guidelines. I’m pleased to see the progress WorkSafe has made.
“I expect these changes will sharpen WorkSafe’s focus on prosecuting cases of genuine recklessness or negligent disregard of health and safety law. Additionally, I have set an expectation that WorkSafe improves its provision of guidance so that businesses and organisations understand what their obligations are in the first place,” said Ms van Velden.
The Minister confirmed that training for WorkSafe’s frontline staff will be rolled out to support the consistent application of these changes.
“WorkSafe plays a critical role in keeping New Zealanders safe at work. These improvements strengthen trust in the regulator and ensure enforcement decisions are made fairly,” she said.
For more information, visit WorkSafe’s updated prosecution policy: https://www.worksafe.govt.nz/laws-and-regulations/operational-policy-framework/operational-policies.
