Clearer Rules And Prequalification Guidance To Support Construction
Minister of Workplace Relations and Safety
As part of wider Government health and safety reforms, Workplace Relations and Safety Minister Brooke van Velden will be consulting with builders and construction professionals to improve productivity.
'We're simplifying scaffolding rules and streamlining the prequalification process to make them more practical and better aligned with the level of risk.
'I have heard concerns from the construction sector that scaffolding rules are too complex,' says Ms van Velden.
The current rules have led to a common view that scaffolding should be used in all situations regardless of risk. This has resulted in the overuse of costly scaffolding when it isn't required for safety.
'Over-compliance needlessly drags down construction productivity, increasing building time and costs for the sector, and impacting new builds and Kiwi homeowners.
"My officials will be consulting on proposed new rules that will let people choose safe options based on how dangerous the job is. Officials are currently refining options for a risk-based hierarchy of controls for work at heights (i.e. when to use ladders, harnesses, scaffolding) to test with industry,' says Ms van Velden.
'Changes will ensure scaffolding use is better aligned with the level of risk. If it's not very risky, they will not need to use expensive scaffolding. For example, they will be considering whether a ladder could be used instead of scaffolding for a simple roof gutter repair or minor electrical maintenance when working at height.
'I believe changes to scaffolding rules should help reduce costs and speed up work for tradies, construction firms, homeowners and anyone else who needs construction, painting, maintenance or other work done at height.
'One of the other common themes I heard on the roadshow was frustration with the wide range of prequalification systems and the time and money they take to complete. I have listened, which is why I am acting to help this sector.
'Businesses feel like they have to jump through hoops to tick a compliance box when getting prequalified, even though the prequalification often involves little reflection of the real-world risks workers face. Some have said they have walked away from clients as the cost of getting prequalified is not worth the value of the work.
'A lack of consistency across providers means that suppliers need to get a new prequalification for every job they tender for, with one submitter saying they completed 76 in a year. That's not a good use of anyone's time or money.
'I've asked WorkSafe to work with industry to revise its prequalification guidance, including developing free-to-use templates to improve national consistency.'
There is also a need for clearer guidance on overlapping duties. This is when multiple businesses share responsibility for managing risks on the same site, such as when builders and drainlayers are both working on the same site and must work together to manage risks.
'I have asked WorkSafe to develop an Approved Code of Practice [ACOP] on clarifying overlapping duties, as the current ambiguity may be encouraging the over-use of prequalifications in situations where it is not necessary. Clearer guidance will help businesses understand when and how they need to work together to manage risks.'
Work is also underway to update the scaffolding certificate of competence categories, with a review of certificate fees to follow. These certificates show what types of scaffolding work a person is qualified to carry out, from basic to more advanced scaffolding.
'Concerns have been raised about the distinction between qualifications and actual competency. Many feel that on-the-job experience should be better recognised. There's also confusion about what constitutes sufficient training, and frustration with inconsistent advice from regulators.
'After consultation, I will be seeking Cabinet approval to update the categories and fees to ensure they better reflect current costs and industry best practice.
'I am confident that these changes, which are designed to address the concerns of the construction sector, will support safe and more efficient practices,' says Ms van Velden.
'These changes will save time and costs for businesses and workers as we cut red-tape to make it easier to do business. When our Kiwi businesses thrive, there are more jobs and lower prices for all New Zealanders.'
Notes:
These changes are part of the wider health and safety reform, which delivers on the ACT-National Coalition Agreement commitment to reform health and safety laws and regulations.
Prequalification is a common way construction businesses check if a company or contractor is ready and able to do a construction job safely, before they're allowed to bid for or start work. Prequalifications are also often used by businesses outside of the construction sector – for example, local councils using them for groundskeeping tenders. However, prequalifications are most prominently used in the construction industry.
A summary of all the changes and major milestones:
Amend the Health and Safety in Employment Regulations to simplify the scaffolding rule for construction, including the general work at height 3-metre rule.
Targeted stakeholder consultation July - Sept 2025
Cabinet decisions in November/December
Commencement mid 2026
Amend the Health and Safety in Employment Regs to update the fee for scaffolding certificates of competence.
Targeted stakeholder consultation July - Dec 2025
Cabinet decisions in March 2026
Commencement mid 2026
Amend the Health and Safety in Employment Regulations to update the scaffolding certificate of competence definitions
Cabinet LEG decisions Aug
Commencement Sep 2025
WorkSafe will work with the industry to revise prequalification guidance and clarify overlapping duties by developing a construction roles and responsibilities ACOP.
Targeted stakeholder consultation Aug - Sep 2025
Develop guidance and ACOP Oct 2025 – April 2026
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