WorkSafe Overhauls Enforcement to Fast-Track Safety Fixes, Cut Court Reliance

WorkSafe New Zealand has unveiled a significant overhaul of its enforcement policies and processes, aiming to give businesses greater clarity, reduce unnecessary prosecutions, and accelerate the resolution of workplace safety risks.

Announcing the changes today, Minister for Workplace Relations and Safety Brooke van Velden said the reforms respond directly to widespread concerns raised by employers during her nationwide health and safety roadshow.

"Businesses told me that WorkSafe can be heavy-handed when something goes wrong, but not always as helpful as it should be in preventing harm in the first place," Ms van Velden said. "These changes rebalance the system towards earlier intervention, clearer expectations, and faster improvements in workplace safety."

Clear Shift Away From 'Prosecute First'

At the centre of the reforms is a new expectation that WorkSafe will actively consider alternatives before recommending prosecution. These include:

• Formal warnings, where issues can be addressed quickly without court action

• Pre-charge enforceable undertakings, allowing businesses to invest directly in safety improvements instead of lengthy legal proceedings

These options will apply where a business accepts responsibility, shows genuine commitment to fixing issues, and can deliver tangible safety improvements that prevent future harm.

Previously, WorkSafe had fewer enforcement tools available, making prosecution one of its primary responses. The updated framework expands the regulator's toolbox, allowing enforcement decisions to better reflect risk, intent and outcomes.

Prosecution Reserved for Serious Breaches

While prosecution remains available, it will now be more tightly focused on cases involving:

• Significant or negligent disregard for health and safety law

• Repeated non-compliance

• Serious harm or fatalities where deterrence is required

"This is about sharpening the focus on genuine recklessness," Ms van Velden said. "Where businesses are willing to learn and improve, the system should support that—without compromising worker safety."

Stronger Alignment With Prosecution Guidelines

The reforms follow the Minister's Letter of Expectations issued in May 2025, which called on WorkSafe to improve the consistency and transparency of its enforcement decisions.

Key expectations included:

• Clearer links between breaches and causation

• Alignment with the Solicitor-General's Prosecution Guidelines

• More predictable and proportionate enforcement outcomes

"I'm pleased with the progress WorkSafe has made in responding to those expectations," Ms van Velden said.

Better Guidance, Not Just Better Penalties

Alongside enforcement changes, the Minister has set a clear expectation that WorkSafe improves the quality and accessibility of its guidance.

Too often, businesses—particularly small and medium-sized enterprises—report uncertainty about what compliance looks like in practice. Improved guidance is intended to help duty-holders understand and manage risks before incidents occur, reducing harm and enforcement action alike.

Frontline Training to Drive Consistency

To support the reforms, WorkSafe will roll out targeted training for frontline inspectors and staff. The goal is consistent application of the new policies across regions and sectors, addressing long-standing concerns about variability in enforcement decisions.

"Trust in a regulator depends on fairness, clarity and consistency," Ms van Velden said. "These improvements strengthen WorkSafe's ability to keep New Zealanders safe at work while ensuring enforcement decisions are balanced, transparent and credible."