Workplace Health & Safety Rights in NZ — HSWA 2015 (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under the Health and Safety at Work Act 2015, your employer — the PCBU (person conducting a business or undertaking) — has a primary duty of care to ensure your health and safety so far as is reasonably practicable (s 36). That means safe systems, equipment, training, and proper risk management.
You also have personal rights. Under section 83, you can cease or refuse to carry out work if you reasonably believe doing it would expose you (or others) to a serious risk to health or safety. You must tell your employer, and they must address the risk. Workers can elect Health and Safety Representatives. WorkSafe NZ investigates incidents and can prosecute. It's unlawful to be penalised for raising a genuine safety concern.
When does it apply?
- Your workplace, equipment or tasks expose you to serious risk.
- Safety concerns are being ignored.
- You were treated badly for raising health and safety.
What to do if your workplace is unsafe
- Report the hazard to your employer or Health and Safety Representative.
- Cease unsafe work under s 83 if you reasonably believe there's serious risk — and tell your employer.
- Notify WorkSafe (0800 030 040) for serious risks or incidents.
- Raise a personal grievance if you're penalised for it.
What should you NOT do?
- Don't keep doing genuinely dangerous work just because you were told to.
- Don't assume small workplaces are exempt — the Act covers almost all work.
About Workers' Rights in New Zealand
New Zealand employment law rests on the Employment Relations Act 2000 (good faith, personal grievances, bargaining), the Minimum Wage Act 1983, the Holidays Act 2003 (4 weeks' annual leave, public holidays, sick leave) and the Health and Safety at Work Act 2015. Most disputes start with free mediation through Employment New Zealand, then go to the Employment Relations Authority (ERA). The big deadline to remember is the 90-day window to raise a personal grievance.
Rates current as at 1 April 2026 — re-verify on employment.govt.nz before relying on them. Employment NZ: 0800 20 90 20. WorkSafe: 0800 030 040.
Common Questions
What is the workplace health & safety rights right in New Zealand?
Under the Health and Safety at Work Act 2015, your employer — the PCBU (person conducting a business or undertaking) — has a primary duty of care to ensure your health and safety so far as is reasonably practicable (s 36). That means safe systems, equipment, training, and proper risk management.You also have personal rights. Under section 83, you can cease or refuse to carry out work if you reasonably believe doing it would expose you (or others) to a serious risk to health or safety. You must tell your employer, and they must address the risk. Workers can elect Health and Safety Representativ...
When does it apply — workplace health & safety rights?
Your workplace, equipment or tasks expose you to serious risk.Safety concerns are being ignored.You were treated badly for raising health and safety.
Can I refuse to do unsafe work in New Zealand?
Report the hazard to your employer or Health and Safety Representative.Cease unsafe work under s 83 if you reasonably believe there's serious risk — and tell your employer.Notify WorkSafe (0800 030 040) for serious risks or incidents.Raise a personal grievance if you're penalised for it.
What should you NOT do — workplace health & safety rights?
Don't keep doing genuinely dangerous work just because you were told to.Don't assume small workplaces are exempt — the Act covers almost all work.