Asbestos was widely used in New Zealand construction from the 1940s through the late 1980s, appearing in roofing, cladding, flooring, linings, and insulation across a broad range of building types. Any project involving demolition, refurbishment, or maintenance of buildings constructed or significantly altered before the early 2000s carries a meaningful risk of encountering asbestos-containing materials (ACMs), and the legal obligations that come with that risk are substantial.
The Regulatory Framework
The Health and Safety at Work Act 2015 and the Health and Safety at Work (Asbestos) Regulations 2016 establish the obligations for persons conducting a business or undertaking (PCBUs) when asbestos is present or may be present on a worksite. WorkSafe New Zealand enforces these requirements and has pursued prosecutions against contractors who have failed to identify or manage asbestos risks before proceeding with work.
The starting point is identification. Before any work begins on a building where ACMs may be present, a professional survey with laboratory testing is required. Assumptions based on visual inspection are not sufficient, and proceeding without confirmation of the material’s composition is both legally risky and potentially dangerous.
Asbestos Management Plans
Where ACMs are identified, an asbestos management plan (AMP) must be prepared. This document records the location and condition of materials, the risks associated with each, the control measures in place, and monitoring and review procedures. The AMP is a living document that needs to be updated as conditions change or work progresses.
Understanding the Risk Hierarchy
Not all asbestos-containing materials carry the same level of risk. Non-friable or bonded asbestos, where the fibres are locked into a solid matrix such as fibre cement sheeting, poses a lower risk when it is undamaged and undisturbed. Friable asbestos, where fibres can be released into the air, requires licensed Class A removalists to handle it due to the elevated airborne hazard.
The risk control hierarchy moves from elimination through isolation and engineering controls to administrative procedures and personal protective equipment. Each step down the hierarchy represents a less effective control, and the expectation is that higher-order controls will be implemented wherever practicable.
Safe Removal and Disposal
Licensed removal work involves wet suppression to prevent fibre release, sealed enclosures, negative pressure systems, HEPA filtration, and decontamination facilities for workers. Waste must be double-bagged, clearly labelled, and disposed of at an approved facility. Records of disposal are required.
When Asbestos Is Being Left in Place
Where it is safe to leave ACMs undisturbed, maintaining painted or sealed surfaces without damage is the most effective management approach. Any damage or deterioration should trigger immediate professional assessment. Tradespeople working on buildings with intact asbestos-containing materials should be informed of their location before any work begins.
Find more health and safety guidance for New Zealand’s construction sector, or connect with licensed asbestos assessors and removalists in your region.
