Health and Safety Representative (HSR) — Powers, Election & Duties Under HSWA 2015
Under the Health and Safety at Work Act 2015 (HSWA), a Health and Safety Representative (HSR) is a worker-elected role that gives your team a formal voice on workplace health and safety. As a frontline manager, you need to understand the legal framework — especially the powers an HSR can exercise, how they are elected, and when WorkSafe may step in. This guide covers sections 61–79 of HSWA and related regulations, current as of April 2026.
Key rule: An HSR can only exercise their full powers (including issuing PINs and directing unsafe work to cease) if they have completed initial training under HSWA s.79. Without that training, their role is limited to consultation and representation.
Election of an HSR (HSWA ss.61–66)
An HSR is elected by workers in a work group. The process begins when:
- a worker requests an election, or
- the PCBU (Person Conducting a Business or Undertaking) decides to initiate one.
The work group must be determined by negotiation between the PCBU and workers (or their representatives). If agreement cannot be reached, the matter can be referred to WorkSafe for a decision (s.64). Elections must be fair and secret (s.65). The term of office is up to three years, but an HSR can be re-elected (s.66).
Powers of an HSR (HSWA ss.68–79)
Once elected and trained, an HSR has significant statutory powers. These include:
1. Inspect the workplace (s.68)
An HSR may inspect any part of the workplace where workers in their work group work, at any reasonable time, after giving notice to the PCBU. They can also inspect after an incident or notifiable event.
2. Issue Provisional Improvement Notices (PINs) (s.70)
If an HSR reasonably believes a person is contravening HSWA, they can issue a PIN requiring the contravention to be remedied. The PIN must be in writing, state the breach, and give a reasonable timeframe for compliance. The PCBU can apply to WorkSafe for review of a PIN (s.72).
3. Direct cessation of unsafe work (s.83)
An HSR who has completed training may direct that work cease if they believe it poses a serious risk to health or safety. This direction must be confirmed in writing as soon as possible. Workers must comply unless directed otherwise by an inspector.
4. Accompany an inspector (s.69)
An HSR has the right to accompany a WorkSafe inspector during any inspection of the workplace.
5. Access information (s.71)
The PCBU must provide the HSR with information relevant to health and safety, including incident reports, risk assessments, and monitoring data — subject to privacy and commercial sensitivity.
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Training entitlement (HSWA s.79)
An HSR is entitled to paid time off to attend initial and refresher training approved by WorkSafe. The PCBU must pay for the course fees and reasonable travel costs. The standard initial training is a two-day course. Refresher training is recommended every two years. Without this training, the HSR cannot issue PINs or direct cessation of unsafe work.
Work group and multiple HSRs
If your workplace has multiple work groups, each group may elect its own HSR. In some cases, a single HSR can represent multiple groups if agreed. The PCBU must ensure that all workers have reasonable access to an HSR.
When WorkSafe intervenes
WorkSafe may become involved in HSR matters in several ways:
- Disputes over work group formation (s.64) — if negotiation fails, WorkSafe can determine the work group.
- Review of a PIN (s.72) — the PCBU or any affected person can apply to WorkSafe for a review within 7 days of receiving the PIN.
- Complaints about HSR conduct — if an HSR acts outside their powers, WorkSafe may investigate.
- Failure to provide training — if the PCBU refuses to allow training, WorkSafe can issue an improvement notice or prosecute.
WorkSafe inspectors also have overriding powers — they can vary or cancel a PIN, and they can direct work to resume if they consider the cessation direction was unreasonable.
Practical tips for frontline managers
- Ensure HSR elections are conducted fairly and documented.
- Book training for newly elected HSRs within three months of election.
- Treat PINs seriously — respond within the timeframe and seek legal advice if needed.
- Support your HSR — they are a key part of your safety system, not an adversary.
- Keep records of all HSR communications and decisions.
Remember: An HSR cannot be personally liable for anything they do in good faith while exercising their powers (HSWA s.78). This protects them from retaliation or legal action.
Related legislation
- Health and Safety at Work Act 2015 — ss.61–79, 83
- Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
- Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
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Frequently asked questions
What powers does a Health and Safety Representative have in NZ?
An HSR can inspect the workplace (s.68), issue Provisional Improvement Notices (PINs) (s.70), direct cessation of unsafe work if trained (s.83), accompany a WorkSafe inspector (s.69), and access relevant health and safety information (s.71). These powers only apply after completing initial training under s.79.
Can an HSR stop work in New Zealand?
Yes, under HSWA s.83, an HSR who has completed approved training may direct workers to cease unsafe work if they believe there is a serious risk to health or safety. The direction must be confirmed in writing as soon as possible.
How is an HSR elected in NZ?
An HSR is elected by workers in a defined work group. The election process is set out in HSWA ss.61–66. It must be fair and secret. The PCBU and workers negotiate the work group boundaries. If no agreement, WorkSafe can decide.
What training does an HSR need?
An HSR is entitled to paid time off to attend a WorkSafe-approved two-day initial training course (s.79). Refresher training is recommended every two years. Without this training, the HSR cannot issue PINs or direct cessation of work.
When can WorkSafe intervene with an HSR?
WorkSafe can intervene in disputes over work group formation (s.64), review a PIN (s.72), investigate complaints about HSR conduct, and enforce training obligations. Inspectors can also vary or cancel a PIN and override a cessation direction.