The obligation
Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its HSWA duties.
Section 44 requires officers (directors, senior managers, etc.) to exercise due diligence to ensure the PCBU meets its health and safety duties. Due diligence includes acquiring knowledge of H&S matters, understanding the business's operations and hazards, ensuring resources and processes are available, and verifying their use. Officers face personal criminal liability (Category 1, 2, or 3) for failures.
- What
- Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its HSWA duties.
- Source
- legislation.govt.nz
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Frequently asked questions
Which WHS law does this come from?
Officer Due Diligence Duty under HSWA 2015 is a WHS requirement set out in Health and Safety at Work Act 2015 (NZ). The relevant provision is Health and Safety at Work Act 2015 > Officer Due Diligence § 44.
What does this WHS obligation require?
Officer Due Diligence Duty under HSWA 2015 is a WHS obligation under Health and Safety at Work Act 2015 (NZ). In short, Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its HSWA duties.
What changed recently?
Officer Due Diligence Duty under HSWA 2015 was last updated on 26 August 2026.
