New health and safety compliance rules for officers following Ports of Auckland judgment

At a glance

• The Ports of Auckland Limited (POAL) Chief Executive found guilty under Health and Safety at Work Act 2015 (HSWA) for failing due diligence.
• This has increased anxiety among large organisations' boards.
• The court's commentary highlighted practical tension in the legislation's purpose.
• Changes have been announced to clarify an officers' roles in health and safety.
• New legislation expected by end of 2025, effective in 2026.

In November 2024, the Chief Executive of POAL was found guilty of charges under section 48 of the Health and Safety at Work Act 2015. The judgment revealed that the Chief Executive failed to exercise due diligence, exposing workers to risks of death or serious injury. This has created significant anxiety among board members of large organisations, especially due to the Court's comments on the practical tension between the legislation's purpose and the role of officers in large hierarchical organisations.

In response, Workplace Relations and Safety Minister Brooke van Velden announced changes to the HSWA to specify that day-to-day management of health and safety risks should be left to managers, allowing directors and boards to focus on governance and strategic oversight. These changes are expected to be implemented in 2026, with specific legislation introduced before the end of 2025.