HSWA
Also known as: Health and Safety at Work Act 2015
HSWA 2015 — the Health and Safety at Work Act 2015 — is the primary New Zealand WHS statute, in force since 4 April 2016. It replaced the Health and Safety in Employment Act 1992 and introduced the PCBU framework largely parallel to the Australian model WHS regime, with WorkSafe NZ as the regulator.
Legal context
HSWA 2015 was modelled on the AU model WHS Act and on UK precedent. Its primary duty (s36) sits on the PCBU; officer duty (s44) parallels AU s27; the reckless-conduct offence (s47) parallels but goes harder than AU's Category 1 — NZD $300,000 individual penalty and 5 years' imprisonment, NZD $3,000,000 body corporate. The Act is supported by the HSW (General Risk and Workplace Management) Regulations 2016, HSW (Worker Engagement, Participation and Representation) Regulations 2016, HSW (Asbestos) Regulations 2016, HSW (Hazardous Substances) Regulations 2017, and a growing library of WorkSafe NZ Approved Codes of Practice (ACOPs). The HSW Amendment Bill 2026 is currently before Parliament — RAE IQ tracks it as pending and never cites it as binding until Royal Assent.
Regulator references
The binding-law and regulator-guidance sources behind this term.
Where this shows up in RAE IQ
Related terms
PCBU
PCBU stands for Person Conducting a Business or Undertaking — the primary duty-holder under model WHS legislation in Australia. It is broader than “employer”: a PCBU can be a company, a sole trader, a partnership or an unincorporated association, and the duty applies whether or not workers are paid.
ACOP
An Approved Code of Practice is a code approved by the responsible Minister under HSWA s222 and providing practical guidance on how to comply with the Act and Regulations. ACOPs are not strictly binding but a court may take compliance (or non-compliance) into account when deciding whether a duty has been met.
Certified handler (NZ)
A Certified Handler is a person certified under the HSW (Hazardous Substances) Regulations 2017 (reg 6.4–6.9) to manage specific classes of hazardous substances. Certification is class-specific and time-limited and is the NZ analogue of AU dangerous-goods licensing.
ACC (NZ)
ACC is the Accident Compensation Corporation — New Zealand's no-fault, universal, public accident-injury compensation scheme. ACC covers everyone in NZ for personal injury by accident regardless of fault, replacing the right to sue for personal injury damages in most cases.
Platform pillars
Browse the full glossary.
47 WHS and HSWA terms with legal context, FAQs and regulator references.