H&S Accountability at the Top

Being a company director or CEO in Aotearoa New Zealand is no longer just about strategy and profit - it’s also about personal accountability for health and safety.

Since the introduction of the Health and Safety at Work Act 2015 (HSWA), executives have been placed under a legal spotlight. The law is clear: if a worker is harmed and the business has not taken all practicable steps to prevent it, directors can be held personally liable - including facing fines, disqualification, or even jail time.

This article lays out what you need to know - and what steps you can take to shield yourelf and your business. 

The Legal Duty: What the HSWA Requires of Leaders

Under section 44 of the HSWA, officers (including directors, CEOs, and board members) have a duty of due diligence. This means you must actively ensure your business is complying with its duties under the Act - not just assume someone else is handling it.

You must:

1. Understand the operations and associated risks
2. Keep up-to-date knowledge of work health and safety matters
3. Ensure appropriate resources and processes are used to eliminate or minimise risks
4. Verify that these processes are implemented and effective

Put simply: you must lead health and safety, not delegate it.

Real-World Examples: What Can Go Wrong

High-profile cases like Pike River and Ports of Auckland have shown what happens when directors don’t take this duty seriously. Reputations are ruined, and lives are lost. While prosecutions of directors are still relatively rare, WorkSafe NZ has signalled a stronger focus on governance failures. Fines can reach hundreds of thousands of dollars — and insurance may not cover them.

At Te Ara Hiranga, we’ve worked across dozens of high-risk industries. We’ve seen what happens when leaders get it right — and when they don’t.

One of our proudest stats?
 19 fatalities investigated. 0 prosecutions.
 That’s the value of expert-led governance support.

How Te Ara Hiranga Helps Directors Stay Protected

We specialise in helping senior leaders build compliance confidence. Our governance-focused services include:

• Board-level health and safety training
• HSWA due diligence assessments
• Governance assurance dashboards
• Incident response planning
• Tōtika and ISO45001 alignment

We’ve supported directors in major roles across government, energy, construction, aviation, and healthcare — providing tailored advice, clear reporting tools, and assurance that their systems hold up under legal scrutiny.

What Good Governance Looks Like

If you’re a director or CEO, here are five things you should be able to answer confidently:

1. What are the top health and safety risks in your business?
2. How do you know controls are actually working?
3. What are your legal obligations under the HSWA — and are you meeting them?
4. Are staff engaged, trained, and reporting hazards?
5. Could you stand in front of a WorkSafe investigator with confidence?

If you’re unsure on any of the above — we can help.

Leadership Means Showing Up for Safety

Health and safety leadership isn’t about bureaucracy — it’s about care. When directors walk the talk, frontline workers follow. When boards demand evidence, systems improve. And when CEOs model accountability, everyone lifts their game.

With the right support, directors can lead safely — and legally — without the fear of being caught off guard.

Let’s Safeguard Your Role and Reputation

Te Ara Hiranga offers peace of mind for directors and executive teams. Whether you need board training, governance reporting tools, or a full H&S overhaul, we’ll help you meet your obligations — and exceed them.

We look at how robust health and safety systems can enhance productivity, reduce absenteeism, improve morale, and lower insurance costs. Metrics support the argument that H&S is not just a compliance task—it's a growth strategy.