The Context
On 13 November 2025, a WorkSafe subsidiary, Energy Safety New Zealand, enacted a change to the Electricity (Safety) Regulations. It deleted the clause banning switches in the main earth (PEN) conductor for homes and businesses. The regulator’s own technical advice was later admitted to be \”simply wrong\” in practical application. Master Electricians’ modelling shows this creates a significant risk of fatal electric shock. Engineering New Zealand and the Electrical Inspectors Association have publicly stated they have lost confidence in the regulator, which they accuse of being in \”full cover-up mode\” after five weeks of failed escalations.
The Risk
This is not a technical debate. It is a strategic liability trap. Your duty under the Health and Safety at Work Act 2015 is to ensure, so far as is reasonably practicable, the health and safety of workers. If you blindly follow a flawed regulation that your own experts warn is dangerous, you are not meeting that duty. The regulator’s admission of error is your get-out-of-jail-free card for prosecution, but it is also the evidence a civil court will use against you. Directors can be personally liable for fines up to $600,000 and imprisonment under the HSWA. More critically, if a death occurs, your defence of \”we were just following WorkSafe’s rules\” will be shredded by the prosecution citing the international standard (IEC 60364) that prohibits this practice and the public warnings from every major industry body.
The Control
Compliance with a deadline (12 November 2026) is now the direct antagonist of safety. Your governance responsibility is to resolve that conflict. The regulator has failed; you cannot. An independent review is scheduled for 2026—after the mandatory compliance date. You must act now.
What is our formal, documented position on implementing the amended PEN conductor rule, given the unequivocal safety warnings from Engineering New Zealand and Master Electricians?
What specific steps are we taking to protect our electricians from WorkSafe prosecution if they refuse to install systems that comply with the new rule but violate international safety standards?
How are we tracking and escalating this strategic risk to our Board, given the regulator has admitted its guidance is \”simply wrong\” and our industry bodies have lost confidence in it?