Public consultation opens on draft code for residential construction safety

 

Public feedback is being sought on a draft Approved Code of Practice aimed at clarifying health and safety responsibilities across residential building sites

WorkSafe New Zealand is seeking feedback from builders, tradespeople and other industry participants as it works to finalise the Approved Code of Practice (ACOP), which is intended to provide clearer guidance on meeting obligations under the Health and Safety at Work Act (HSWA).

The consultation period is scheduled to run from 20 April to 10 May 2026, with all feedback to be considered before the draft is revised and submitted to the Minister for approval by 30 June.

The draft Approved Code of Practice (ACOP) provides clear expectations on how to meet health and safety duties under the Health and Safety at Work Act 2015 (HSWA) for residential construction projects. It focuses specifically on clarifying roles, responsibilities, and how different parties must work together on site.

The document is structured in three parts. Part A explains scope and how to use the ACOP, including its “safe harbour” status – meaning following it fully would be treated as compliance with legal duties.

Part B outlines detailed responsibilities for each role, emphasising leadership (principal contractors), risk management (contractors), and safe work practices (workers).

Part C focuses on how businesses must consult, cooperate, and coordinate when duties overlap, particularly in shared worksites or contracting chains.

Clarifying responsibilities on site

The draft ACOP focuses on how health and safety duties are shared across residential construction sites, particularly where multiple businesses or trades are involved.

It will apply to a wide range of participants, including builders and specialist trades such as electricians, plumbers and roofers.

WorkSafe said the code will “set out expectations under HSWA, helping businesses reduce harm and confidently meet their legal duties”.

The finalised guidance is also expected to address the responsibilities of homeowners undertaking building or renovation work, an area where obligations have previously been less clearly defined.

The residential construction sector has been identified as a high-risk environment, with ongoing concerns about inconsistent understanding of health and safety responsibilities across sites.

Industry input central to development

WorkSafe has taken a collaborative approach to developing the draft, working with industry representatives, subject matter experts and sector groups.

Builders, trades and industry bodies have been involved in workshops and testing to ensure the code reflects “the practical realities of the industry” and aligns with everyday site conditions.

The regulator said broad engagement is critical to ensuring the final document is both practical and widely adopted across the sector.

“The consultation will now be the most effective way for reviewing and commenting on the draft code of practice,” WorkSafe said.

Part of wider health and safety reform

The development of the ACOP sits within a broader programme of health and safety reform, including proposed legislative changes aimed at strengthening the role of codes of practice.

Approved codes of practice provide practical guidance on how businesses can comply with the HSWA and its regulations, offering a benchmark for what is considered acceptable practice.

Proposed amendments to the health and safety framework are expected to give ACOPs greater legal weight, helping to provide more certainty for businesses about how to meet their obligations.

WorkSafe has indicated that feedback from the consultation will play a key role in refining the draft to ensure it is “practical and fit for purpose” before being finalised.

Industry participants are being encouraged to review the draft and provide input during the consultation period. You can make a submission here.