The Proposal
WorkSafe New Zealand is proposing to replace the existing asbestos code of practice with a set of good practice guidelines. The current code provides a legally recognised standard that workers, employers, and courts can reference when assessing whether duty holders have met their obligations. Guidelines are advisory rather than prescriptive — they indicate what best practice looks like without establishing a fixed compliance benchmark.
The rationale from Workplace Safety Minister Brooke van Velden is that guidelines offer “clarity and practicality” that industry professionals prefer. The minister has cited feedback from industry indicating a preference for flexible guidance over “rigid codes.”
Who Is Objecting and Why
The proposal has drawn significant pushback from two quarters. The New Zealand Council of Trade Unions, represented by president Sandra Grey, has been direct: “Workers need the strongest protection under the law.” Grey argues that “clear-cut” guidance is essential when the health stakes are this high. Asbestos-related disease kills approximately 220 New Zealand workers every year. The latency period means workers exposed today may not develop mesothelioma for 20 to 40 years — making real-time enforcement and rigorous standards especially important.
The Demolition and Asbestos Association of New Zealand (DAANZ), whose members carry out the licensed removal work, has similarly opposed what it describes as “watered-down” standards. The association’s concern is that more flexible guidelines will reduce consistency across the sector and make it harder to hold non-compliant operators to account.
The Contradiction
The timing of the proposal creates an obvious tension. The Ministry of Education has announced that from 1 January 2026, all asbestos work in schools must be carried out by accredited contractors — a significant tightening of standards for one of the largest building portfolios in the country. One-third of school buildings are over 50 years old and 45 percent are between 20 and 50 years old, making school asbestos exposure a genuine operational challenge.
The government is simultaneously tightening asbestos rules in schools while proposing to soften the national framework that applies to all other settings. Critics argue this is internally inconsistent and will create confusion for workers, employers, and enforcement agencies.
What the Industry Should Watch
The consultation process for the proposed changes provides an opportunity for businesses in the demolition, asbestos removal, and contracting sectors to make their position clear. Licensed asbestos removalists and class A/B contractors should engage with the process through their industry associations. The outcome will affect the legal landscape for all asbestos-related work in New Zealand for years to come.
