Following on from the deaths of 29 miners in the Pike River mine explosion in 2010 and the subsequent Royal Commission and Independent Taskforce reports, New Zealand has re-written its health and safety legislation.  The Health and Safety at Work Act 2015 comes into force on 4 April 2016.

Changes include businesses owing the same obligations to contractors as to employees, obligations on businesses to consult with other businesses operating in the same workplace about health and safety, and personal liability for “officers”.

"Officers" of a business (being directors, partners, or those who exercise significant influence over the management of the business) will be required to exercise due diligence to ensure the business complies.

Officers will have to familiarise themselves with health and safety matters in much the same way they already do with financial matters.  At a minimum, this will require officers to keep up to date with health and safety matters, make sure the business has and implements processes to ensure compliance with its health and safety duties, and understand the hazards and risks associated with the business operations.  The last is the most difficult obligation for overseas directors as it is significantly easier to achieve by observing the business operations first hand. 

Putting health and safety near the top of the boardroom agenda and continually questioning information will cover most obligations.  Understanding the business operations’ hazards and risks will likely require regular monitoring and audit reports.