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New Zealand guide
New Zealand / Health and safety

What must be notified to WorkSafe after a construction incident in New Zealand?

Under the Health and Safety at Work Act 2015 a notifiable event is reported to WorkSafe NZ as soon as possible, with no number of hours set. Written notice follows within 48 hours where the regulator requires it, a record of each event is kept for at least 5 years, and notifiable work needs 24 hours notice before it starts.

Who does what

  1. 'As soon as possible' - no number, so no window is recorded.
  2. Written notice follows within 48 hours where the regulator requires it. Runs from being told the written notice is required, not from the event.
  3. A record of each notifiable event is kept for 60 months.
  4. Notifiable work needs 24 hours written notice to WorkSafe NZ before it starts.

A notifiable event is a death, a notifiable injury or illness (s 23) or a notifiable incident (s 24) - a narrower and differently-worded list than the AU model Act's. The Act is Health and Safety at Work Act 2015, and the library holds 4 duties from it.

Every duty the library holds from the Act

DutyWindow and sectionIf missed
Notify WorkSafe NZ as soon as possible after becoming aware of a notifiable eventnone sets 56(1)an offenceLapsed compliance
Give written notice of a notifiable event within 48 hours when the regulator requires it48 hourss 56(3)(b)an offenceLapsed compliance
Keep a record of each notifiable event for at least 5 years from the day notice is given60 monthss 57(1)an offenceLapsed compliance
Give WorkSafe NZ written notice at least 24 hours before starting notifiable work24 hoursreg 26no penalty statedLapsed compliance

What the library notes on each duty

Quoted a whole sentence at a time from the library's note on each row.

Notify WorkSafe NZ as soon as possible after becoming aware of a notifiable event

s 56(1) · none set · an offence

  • 'As soon as possible' - no number, so no window is recorded.
  • Maximum penalty $10,000 for an individual, $50,000 for any other person including a body corporate.
  • A notifiable event is a death, a notifiable injury or illness (s 23) or a notifiable incident (s 24) - a narrower and differently-worded list than the AU model Act's.

Give written notice of a notifiable event within 48 hours when the regulator requires it

s 56(3)(b) · 48 hours · an offence

  • Runs from being told the written notice is required, not from the event.

Keep a record of each notifiable event for at least 5 years from the day notice is given

s 57(1) · 60 months · an offence

  • Maximum penalty $5,000 for an individual, $25,000 for any other person - lower than s 56's, its own offence tier.

Give WorkSafe NZ written notice at least 24 hours before starting notifiable work

reg 26 · 24 hours · no penalty stated

  • A genuinely NZ-specific duty with no AU equivalent for ordinary construction (AU's nearest analogue is an asbestos-removal notice, not a general pre-start notice).

What this page is, and is not

It is the section text this library holds for New Zealand's Construction Contracts Act 2002 (NZ), NZS 3910:2013 and Health and Safety at Work Act 2015, with the window and the consequence. The NZS 3910:2023 rows are read from secondary summaries of the draft, not the published text. It is not legal advice, and it is not a substitute for reading the Acts, the contract you signed and any special conditions.

These pages set out the duties the library holds for a New Zealand job.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

Common questions

What must be notified to WorkSafe NZ?

A notifiable event is a death, a notifiable injury or illness (s 23) or a notifiable incident (s 24) - a narrower and differently-worded list than the AU model Act's. 'As soon as possible' - no number, so no window is recorded.

What is the penalty for not notifying?

Maximum penalty $10,000 for an individual, $50,000 for any other person including a body corporate.

When does the written notice run from?

Runs from being told the written notice is required, not from the event.

How long is a record of a notifiable event kept?

Keep a record of each notifiable event for at least 5 years from the day notice is given (s 57(1)). Maximum penalty $5,000 for an individual, $25,000 for any other person - lower than s 56's, its own offence tier.

When must notifiable work be notified?

Give WorkSafe NZ written notice at least 24 hours before starting notifiable work (reg 26).