Source: Worksafe New Zealand
WorkSafe New Zealand is seeking feedback on and input into draft content for an approved code of practice (ACOP) for residential construction.
ACOPs are a recognised, practical way for businesses and workers to comply with the Health and Safety at Work Act 2015 and its regulations.
The draft ACOP clarifies the different roles and responsibilities for health and safety before, during and after work on a residential construction site. It would apply to new builds and renovations of standalone homes, townhouses, apartments and multi-unit developments.
The draft ACOP would not introduce new legal duties or require people to do anything beyond what the Health and Safety at Work Act 2015 already expects. Instead, it brings together current obligations and focuses on removing ambiguity, particularly when multiple parties are involved on site.
“Residential construction is a high-risk sector, and the people working in it have told us they want clearer information on who is responsible for what,” says WorkSafe’s chief executive, Sharon Thompson.
“This draft ACOP has been developed with builders, tradespeople, industry bodies and other stakeholders. It sets out how people work together on site, reducing duplication in roles and responsibilities, and identifying gaps that can put health and safety at risk. We want to hear from anyone with a stake in residential construction to make sure we’ve got it right.”
Key features of the draft ACOP include:
- Clear actions for each role. The draft sets out what clients, principal contractors, contractors, sub-contractors, workers, homeowners, officers and others need to do before, during and after construction to fulfil their duties and keep people safe.
- Working together. When more than one business has health and safety responsibilities for the same work, they need to talk to each other, work together and stay coordinated. This is an area where the sector has told WorkSafe it needs the most clarity.
- Practical, scenario-based examples. The draft includes 15 realistic examples set on New Zealand residential building sites, showing how the legal duties apply in everyday situations.
“We’ve worked closely with the sector to develop this draft, now we need to test it against the reality of working on a residential construction site. Is it practical and clear enough to use? That’s what we want to find out,” says Sharon Thompson.
This first public consultation runs until 10 May 2026, and will be followed by further consultation on the updated draft. A finalised draft will be provided to the Minister for Workplace Relations and Safety, who is responsible for deciding whether or not to approve the ACOP.
Give your feedback
Make a submission on health and safety in residential construction
Background
The draft ACOP will align with the Health and Safety at Work Amendment Bill, which is currently before a parliamentary select committee. WorkSafe is ensuring the draft ACOP are consistent with any changes to legislation.
As part of the Bill, following an ACOP would provide a form of legal protection known as ‘safe harbour’. This means that a business that complies with what the ACOP sets out would be treated as having met the relevant legal duty.
Although an ACOP isn’t mandatory to follow, it sets a standard for compliance with work health and safety duties.
