Health and Safety in Employment (Scaffolding) Amendment Regulations 2025
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2025/200
Health and Safety in Employment (Scaffolding) Amendment Regulations 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 15th day of September 2025
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 211 of the Health and Safety at Work Act 2015 on the advice and with the consent of the Executive Council.
Regulations
1 Title
These regulations are the Health and Safety in Employment (Scaffolding) Amendment Regulations 2025.
2 Commencement
These regulations come into force on 20 October 2025.
3 Principal regulations
These regulations amend the Health and Safety in Employment Regulations 1995.
4 Regulation 2 amended (Interpretation)
(1)
In regulation 2, revoke the definitions of basic scaffolding and suspended scaffolding.
(2)
In regulation 2, replace the definition of advanced scaffolding with:
advanced scaffolding means scaffolding that includes 1 or more of the following elements:
(a)
bracket scaffolding for tank work and formwork:
(b)
cantilevered scaffolding:
(c)
hung scaffolding, including scaffolding hung from a chain, tube, or wire rope:
(d)
a load platform that is cantilevered from scaffolding:
(e)
a safety net for protection of the public:
(f)
scaffolding specified in a relevant safe work instrument
(3)
In regulation 2, insert in their appropriate alphabetical order:
elementary scaffolding means scaffolding that—
(a)
includes 1 or more of the following elements:
(i)
basic falsework:
(ii)
facade scaffolding:
(iii)
a fall arrest system:
(iv)
a free-standing modular scaffolding system:
(v)
a gin wheel:
(vi)
a rope:
(vii)
a static line:
(viii)
tower scaffolding not exceeding 33 metres in height:
(ix)
tube and coupler scaffolding:
(x)
scaffolding specified in a relevant safe work instrument; and
(b)
does not include any element of intermediate scaffolding or advanced scaffolding
intermediate scaffolding means scaffolding that—
(a)
includes 1 or more of the following elements:
(i)
a barrow ramp:
(ii)
a catch net:
(iii)
a hoist that—
(A)
is cantilevered from scaffolding; and
(B)
has a load limit not exceeding 250 kilograms; and
(C)
is used only to support material:
(iv)
a mast climber:
(v)
scaffolding associated with a perimeter safety screen or shutter:
(vi)
spurred scaffolding:
(vii)
a sloping platform:
(viii)
scaffolding specified in a relevant safe work instrument; and
(b)
does not include any element of advanced scaffolding
proprietary system suspended scaffolding means scaffolding that includes 1 or more of the following elements:
(a)
a boatswain’s chair (hand-hauled or mechanical):
(b)
a fall arrest system:
(c)
a gin wheel:
(d)
a rope:
(e)
scaffolding incorporating a suspended platform that is capable of being raised and lowered when in use:
(f)
a static line:
(g)
a swinging stage (hand-hauled or mechanical):
(h)
scaffolding specified in a relevant safe work instrument
safe work instrument means a safe work instrument made under section 227 of the Act
(4)
In regulation 2, definition of scaffolding, paragraph (a), replace “advanced scaffolding, basic scaffolding, or suspended scaffolding”
with “advanced scaffolding, intermediate scaffolding, elementary scaffolding, or proprietary system suspended scaffolding”
.
5 Regulation 27 amended (Certificates of competence)
Replace regulation 27(5)(a) to (c) with:
(a)
elementary scaffolding:
(b)
intermediate scaffolding:
(c)
advanced scaffolding:
(d)
proprietary system suspended scaffolding.
6 Regulation 35 amended (Requirements of scaffolder)
In regulation 35, insert as subclauses (2) to (5):
(2)
An applicant for a certificate of competence in relation to elementary scaffolding must have the knowledge and training referred to in subclause (1) in relation to all elements set out in paragraph (a) of the definition of elementary scaffolding in regulation 2.
(3)
An applicant for a certificate of competence in relation to intermediate scaffolding must have the knowledge and training referred to in subclause (1) in relation to—
(a)
all elements set out in paragraph (a) of the definition of elementary scaffolding in regulation 2; and
(b)
all elements set out in paragraph (a) of the definition of intermediate scaffolding in regulation 2.
(4)
An applicant for a certificate of competence in relation to advanced scaffolding must have the knowledge and training referred to in subclause (1) in relation to—
(a)
all elements set out in paragraph (a) of the definition of elementary scaffolding in regulation 2; and
(b)
all elements set out in paragraph (a) of the definition of intermediate scaffolding in regulation 2; and
(c)
all elements of the definition of advanced scaffolding in regulation 2.
(5)
An applicant for a certificate of competence in relation to proprietary system suspended scaffolding must have the knowledge and training referred to in subclause (1) in relation to all elements set out in the definition of proprietary system suspended scaffolding in regulation 2.
7 Regulation 53 amended (Scaffolder)
Replace regulation 53(1)(a) to (c) with:
(a)
elementary scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is elementary scaffolding; or
(b)
intermediate scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is intermediate scaffolding; or
(c)
advanced scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is advanced scaffolding; or
(d)
proprietary system suspended scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is proprietary system suspended scaffolding.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations but is intended to indicate their general effect.
These regulations, which come into force on 20 October 2025, amend the Health and Safety in Employment Regulations 1995 to update the scaffolding definitions used for the purposes of certificates of competence.
These regulations—
redefine basic scaffolding as elementary scaffolding, which now covers more types of scaffolding, including tube and coupler scaffolding, which was previously defined as advanced scaffolding:
break up the definition of advance scaffolding into definitions of intermediate scaffolding and advanced scaffolding:
redefine suspended scaffolding as proprietary system suspended scaffolding.
All 4 definitions also include scaffolding that is specified in a relevant safe work instrument made under section 227 of the Health and Safety at Work Act 2015.
The updated definitions better align with the New Zealand Qualifications Framework and current industry practice and technology.
New regulation 35(2) to (5) outlines the progressive relationship between certificates of competence in relation to elementary scaffolding, intermediate scaffolding, and advanced scaffolding. An applicant for a certificate of competence in relation to—
intermediate scaffolding must have the requisite knowledge and training of elementary scaffolding and intermediate scaffolding:
advanced scaffolding must have the requisite knowledge and training of elementary scaffolding, intermediate scaffolding, and advanced scaffolding.
Date of notification in Gazette: 18 September 2025.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Versions
Health and Safety in Employment (Scaffolding) Amendment Regulations 2025
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