Health and Safety at Work Act 2015

10 Dec 25

Health and Safety

The Health and Safety at Work Act 2015 (HSWA) is New Zealand’s workplace health and safety law. Worksafe New Zealand (Worksafe) is the health and safety regulator that enforces compliance with HSWA.

Worksafe has a comprehensive website with tools and resources relevant to growers. Worksafe resources cover matters including:

understanding persons conducting business or undertaking obligations (also see below)
how to be health and safe in horticulture
eye safety
chemicals on farms
vehicles on farms – quad bikes, tractors, self-propelled plant
mobile elevating platforms
managing work site traffic.

A link is provided at the bottom of this page to relevant Worksafe resources.

Persons conducting a business or undertaking

Under HSWA, persons conducting a business or undertaking (PCBUs) must look after the health and safety of its workers and any other workers it influences or directs.

Understanding PCBU obligations

If you own and operate an orchard, you are a PCBU.

If you own but don’t operate an orchard you may or may not be a PCBU. For example where:

an orchard management company is contracted to undertake all activities associated with the management of the land, production and harvest of fruit; or
bare land is leased to a third party.
Zespri and NZKGI created guidance material to help growers understand their obligations as a PCBU and the key steps to hazard and risk management here.

PCBU for orchard leases or management contracts

Where an orchard is leased or managed by a third party, the lessee or management contractor may be the primary PCBU. They may also be the primary PCBU to any sub-contractors they engage.

For these arrangements, we recommend a Health and Safety Management System clause in the contract between the parties. A draft standard clause that growers can use is located here:

Health and Safety Management System contract clause for managed or leased orchards

Other H&S resources for on-orchard

Guideline for safe orchard load pad operation

Harvest season brings distinct challenges for growers. A significant risk during harvest is pedestrian interaction with mobile plant.

Bay of Plenty Kiwifruit Industry Health & Safety Forum have developed a guide for preparing your load-out area to keep worker safe during harvest:

Guideline for safe orchard load pad operation

Also see the WorkSafe resources for guidance on managing work site traffic.

Working around power lines

Orchards often have overhead lines running through them, so there’s significant risk of workers or orchard equipment accidentally touching lines. WorkSafe has a resource for working safely near power pole and overhead lines. The guide is located here:

Working safely near power poles and overhead overlines

If you’re planning a new orchard, Transpower New Zealand developed a guide specifically for planning kiwifruit orchards around power lines. The guide is located here:

Let’s Grow Together – a design guide for kiwifruit orchards

Risk of impairment from drugs, alcohol and fatigue

Workers need to be mentally and physically alert at work. Things like fatigue, drug and alcohol use, distractions, noise, health conditions, and psychosocial stress can impact on a worker’s ability to do their job safely.

Impairment from fatigue, drug and alcohol use should be identified as a risk under your health and safety management plan, and you should have an effective policy place to identify and deal with risks that may arise from impairment.

We have fact sheets for awareness about the risks of impairment from fatigue, drugs and alcohol. The guidance is intended to sit alongside your relevant health and safety plan and policies.

Drug and alcohol awareness fact sheet 
Fatigue awareness fact sheet 