Comments
The Bill prescribes matters relating to hazards and risks, including standards relating to the use of or exposure to any hazard; for example, a physical, biological, chemical or psychological hazard. It also provides for:
1. Protection of workers and other persons against harm to their health, safety, and welfare by eliminating or minimising risks arising from work or from prescribed high-risk plant
2. Fair and effective workplace representation, consultation, co-operation and resolution of issues in relation to work health and safety
3. A framework for continuous improvement and progressively higher standards of work health and safety.
A “critical risk” means a risk that is associated with a hazard described in Schedule 1A of the Act, or a hazard of any kind that is likely to result in one or more of the following: a death, a notifiable injury or illness or a notifiable incident.
The Bill notes hazards that are inherent in particular work-related activities, exposure to hazardous substances, working with heavy machinery, working with high pressure equipment etc.
However, in both the Health and Safety at Work Act 2015 and the Health and Safety at Work Amendment Bill, necessary detail is absent on the mental, psychological and emotional hazards that can result from workplace bullying. Regardless of whether or not bullying falls within the definition of critical risk, the present omission of the risks associated with bullying could be rectified through the Bill.
Catley (2022) reports that New Zealand research has highlighted bullying among nurses, junior doctors, dentists and those in higher education. He discusses a large-scale study of workplace bullying, surveying more than 1700 employees from four industry sectors, and reports an overall prevalence of approximately 18%.
Government-sponsored research also suggests a widespread problem. The 2018 Survey of Working Life reported that around 300,000 workers (11%) experienced discrimination, harassment or bullying during the previous twelve months (Stats NZ, 2019). Its data suggests that rates vary from 18.8% in Health Care and Social Assistance, to 4.9% in Agriculture, Forestry, Fishing and Mining (Ministry of Business Innovation & Employment, 2020).
The 2025 Public Service Census asked about personal experiences of bullying as well as racial and sexual harassment. Overall, 12.1% of the public servants who participated in the survey said they had experienced bullying or harassment in the last 12 months in their current workplace. This figure compares to 11% in the 2024 Australian Public Service Census and 8% in the 2024 UK Civil Service People Survey (Public Service Commission, 2026a).
The consequences for affected staff can be very serious, including professional damage, emotional damage, psychosomatic disorders and even suicide (see Johnston, 2018).
Current protocols on workplace bullying are not functioning effectively, and more stringent standards and expectations must be developed and implemented within all public and private institutions. In addition, public service Chief Executives and private sector leaders must be held to account for the creation of harmonious and productive working environments and for the behaviours of managers and leaders towards lower-ranking staff.
References
Catley, Bevan (2022). Workplace bullying in New Zealand: A review of the research
WKS-7-Mentally-Healthy-Work-in-Aotearoa-New-Zealand-workplace-bullying-new-zealand-essay-11%20(7).pdf
Health and Safety at Work Act 2015
https://www.legislation.govt.nz/act/public/2015/70/en/latest/#DLM5976660
Health and Safety at Work Amendment Bill
https://www.legislation.govt.nz/bill/government/2026/244/en/latest/#LMS1571561
Johnston, Kirsty (2018). More workers allege bullying at Housing New Zealand after suspected suicide
https://www.nzherald.co.nz/nz/more-workers-allege-bullying-at-housing-new-zealand-after-suspected-suicide/O2S3D5QHTD3PKJQ3Q4HT2ZUAZA/
Ministry of Business Innovation & Employment (2020). Bullying and Harassment at Work. Issues Paper: An In-Depth Look. https://www.mbie.govt.nz/assets/bullying-and-harassment-at-workissues-paper-in-depth-look.pdf
New Zealand Parliament (2026). Make a Submission
https://www3.parliament.nz/en/pb/sc/make-a-submission
Public Service Commission (2026a). Unacceptable behaviour
https://www.publicservice.govt.nz/data/public-service-census/integrity/unacceptable-behaviour
Stats NZ (2019). One in 10 workers feels discriminated against, harassed, or bullied at work https://www.stats.govt.nz/news/one-in10-workers-feels-discriminated-against-harassed-or-bullied-at-work
Recommendations
Include a section on workplace bullying within the Act. Make clear that employers are expected to create harmonious work environments and that consequences will ensue for demonstrated failure to create such environments.
Agree on a clear definition of workplace bullying for use within the Act. For example, Employment New Zealand provides the following definition, which potentially could be adopted directly or modified appropriately.
“Workplace bullying is repeated and unreasonable behaviour directed towards an employee
or a group of employees that can cause physical or mental harm. Bullying can be physical, verbal, psychological or social. It could include victimising, humiliating, intimidating or threatening a person.” Employment New Zealand (2026).
Draw on the following suggestions of Plimmer et al. (2023) that could guide organisations in addressing bullying:
1. Ensure that leaders commit to and prioritise psychosocial safety
2. Improve recruitment processes to avoid employing the wrong people
3. Support managers for dealing with poor behaviours, including training and performance reviews
4. Provide clear and easy-to-use complaints processes
5. Support recovery for individuals who have suffered from bullying
6. Enable a culture of protected disclosure.
In addition, draw on the Public Service Commission's Model Standards: Speaking Up (Public Service Commission, 2026b) to enable workplace cultures of indeed speaking up without fear of retribution.
Ensure that complaint investigation processes are clear and embody multiple points of entry, so that people can choose who to complain to. Mediation can help if implemented early in a conflict, but mediation must consider the fundamental power imbalance that often underlines harmful behaviour. Managers must be trained in conflict management and complaint investigation (Plimmer et al., 2023).
Such measures could lead to substantial improvement in our workplaces but, in addition, we must exercise care in selecting our top leaders and provide them with clear accountabilities in relation to leading harmonious work environments.
References
Employment New Zealand (2026). Bullying at Work
https://www.employment.govt.nz/resolving-problems/bullying-harassment-and-discrimination/bullying-at-work
Plimmer, G., Haider, A. and Zhou, A. (2023). Bullying and Rudeness in the Public Service
https://ipanz.org.nz/Article?Action=View&Article_id=150444
Public Service Commission (2026b). Model standards: Speaking Up
https://www.publicservice.govt.nz/guidance/model-standards-speaking-up
Dr David Lillis trained in physics and mathematics at Victoria University and Curtin University in Perth, working as a teacher, researcher, statistician and lecturer for most of his career. He has published many articles and scientific papers, as well as a book on graphing and statistics.
The Bill prescribes matters relating to hazards and risks, including standards relating to the use of or exposure to any hazard; for example, a physical, biological, chemical or psychological hazard. It also provides for:
1. Protection of workers and other persons against harm to their health, safety, and welfare by eliminating or minimising risks arising from work or from prescribed high-risk plant
2. Fair and effective workplace representation, consultation, co-operation and resolution of issues in relation to work health and safety
3. A framework for continuous improvement and progressively higher standards of work health and safety.
A “critical risk” means a risk that is associated with a hazard described in Schedule 1A of the Act, or a hazard of any kind that is likely to result in one or more of the following: a death, a notifiable injury or illness or a notifiable incident.
The Bill notes hazards that are inherent in particular work-related activities, exposure to hazardous substances, working with heavy machinery, working with high pressure equipment etc.
However, in both the Health and Safety at Work Act 2015 and the Health and Safety at Work Amendment Bill, necessary detail is absent on the mental, psychological and emotional hazards that can result from workplace bullying. Regardless of whether or not bullying falls within the definition of critical risk, the present omission of the risks associated with bullying could be rectified through the Bill.
Catley (2022) reports that New Zealand research has highlighted bullying among nurses, junior doctors, dentists and those in higher education. He discusses a large-scale study of workplace bullying, surveying more than 1700 employees from four industry sectors, and reports an overall prevalence of approximately 18%.
Government-sponsored research also suggests a widespread problem. The 2018 Survey of Working Life reported that around 300,000 workers (11%) experienced discrimination, harassment or bullying during the previous twelve months (Stats NZ, 2019). Its data suggests that rates vary from 18.8% in Health Care and Social Assistance, to 4.9% in Agriculture, Forestry, Fishing and Mining (Ministry of Business Innovation & Employment, 2020).
The 2025 Public Service Census asked about personal experiences of bullying as well as racial and sexual harassment. Overall, 12.1% of the public servants who participated in the survey said they had experienced bullying or harassment in the last 12 months in their current workplace. This figure compares to 11% in the 2024 Australian Public Service Census and 8% in the 2024 UK Civil Service People Survey (Public Service Commission, 2026a).
The consequences for affected staff can be very serious, including professional damage, emotional damage, psychosomatic disorders and even suicide (see Johnston, 2018).
Current protocols on workplace bullying are not functioning effectively, and more stringent standards and expectations must be developed and implemented within all public and private institutions. In addition, public service Chief Executives and private sector leaders must be held to account for the creation of harmonious and productive working environments and for the behaviours of managers and leaders towards lower-ranking staff.
References
Catley, Bevan (2022). Workplace bullying in New Zealand: A review of the research
WKS-7-Mentally-Healthy-Work-in-Aotearoa-New-Zealand-workplace-bullying-new-zealand-essay-11%20(7).pdf
Health and Safety at Work Act 2015
https://www.legislation.govt.nz/act/public/2015/70/en/latest/#DLM5976660
Health and Safety at Work Amendment Bill
https://www.legislation.govt.nz/bill/government/2026/244/en/latest/#LMS1571561
Johnston, Kirsty (2018). More workers allege bullying at Housing New Zealand after suspected suicide
https://www.nzherald.co.nz/nz/more-workers-allege-bullying-at-housing-new-zealand-after-suspected-suicide/O2S3D5QHTD3PKJQ3Q4HT2ZUAZA/
Ministry of Business Innovation & Employment (2020). Bullying and Harassment at Work. Issues Paper: An In-Depth Look. https://www.mbie.govt.nz/assets/bullying-and-harassment-at-workissues-paper-in-depth-look.pdf
New Zealand Parliament (2026). Make a Submission
https://www3.parliament.nz/en/pb/sc/make-a-submission
Public Service Commission (2026a). Unacceptable behaviour
https://www.publicservice.govt.nz/data/public-service-census/integrity/unacceptable-behaviour
Stats NZ (2019). One in 10 workers feels discriminated against, harassed, or bullied at work https://www.stats.govt.nz/news/one-in10-workers-feels-discriminated-against-harassed-or-bullied-at-work
Recommendations
Include a section on workplace bullying within the Act. Make clear that employers are expected to create harmonious work environments and that consequences will ensue for demonstrated failure to create such environments.
Agree on a clear definition of workplace bullying for use within the Act. For example, Employment New Zealand provides the following definition, which potentially could be adopted directly or modified appropriately.
“Workplace bullying is repeated and unreasonable behaviour directed towards an employee
or a group of employees that can cause physical or mental harm. Bullying can be physical, verbal, psychological or social. It could include victimising, humiliating, intimidating or threatening a person.” Employment New Zealand (2026).
Draw on the following suggestions of Plimmer et al. (2023) that could guide organisations in addressing bullying:
1. Ensure that leaders commit to and prioritise psychosocial safety
2. Improve recruitment processes to avoid employing the wrong people
3. Support managers for dealing with poor behaviours, including training and performance reviews
4. Provide clear and easy-to-use complaints processes
5. Support recovery for individuals who have suffered from bullying
6. Enable a culture of protected disclosure.
In addition, draw on the Public Service Commission's Model Standards: Speaking Up (Public Service Commission, 2026b) to enable workplace cultures of indeed speaking up without fear of retribution.
Ensure that complaint investigation processes are clear and embody multiple points of entry, so that people can choose who to complain to. Mediation can help if implemented early in a conflict, but mediation must consider the fundamental power imbalance that often underlines harmful behaviour. Managers must be trained in conflict management and complaint investigation (Plimmer et al., 2023).
Such measures could lead to substantial improvement in our workplaces but, in addition, we must exercise care in selecting our top leaders and provide them with clear accountabilities in relation to leading harmonious work environments.
References
Employment New Zealand (2026). Bullying at Work
https://www.employment.govt.nz/resolving-problems/bullying-harassment-and-discrimination/bullying-at-work
Plimmer, G., Haider, A. and Zhou, A. (2023). Bullying and Rudeness in the Public Service
https://ipanz.org.nz/Article?Action=View&Article_id=150444
Public Service Commission (2026b). Model standards: Speaking Up
https://www.publicservice.govt.nz/guidance/model-standards-speaking-up
Dr David Lillis trained in physics and mathematics at Victoria University and Curtin University in Perth, working as a teacher, researcher, statistician and lecturer for most of his career. He has published many articles and scientific papers, as well as a book on graphing and statistics.
2 comments:
No no no no no!
What about the public servants who’s experiences of bullying are directly related to them being bullied into leading karakia, or tugging the forelock in homage to the fictional principles of te teriti and acknowledging part maori as having special status in the world we all move about in…..
Bullying is frequently subjective and often the person who says they feel bullied are claiming bullying as a means or way of extracting compensation from someone or eliminating fair opponents.
Genuine cases of bullying should be covered under existing laws such as assault and harassment laws.
I’m not saying work place bullying doesn’t happen - It sure it does, but adding yet more laws and hurdles and responsibilities for employers to manage is not the answer to get this country moving again.
I’ve even been subjected to workplace bullying- and sexual assault in numerous workplaces - none of it would have been prevented or remedied by any additional laws imposed on my employers at the times.
Sometimes life isn’t perfect or fair and you just have to accept and move on (& plot your revenge quietly).
To Anonymous at 7.54 AM - when writing this submission I guessed that including provisions on bullying within the Act may not happen. Perhaps from a legal perspective bullying is too awkward to define and manage by comparison with other obvious risks such as working with hazardous substances or with heavy machinery. Maybe it is considered to be a relatively small issue.
However, we have been exposing bullying in New Zealand since Andrea Needham wrote several books and undertook her own initiatives to curtail it during the early 2000s. If nothing else, my submission may remind lawmakers that it's all too real.
Our Public Service Commission has published its Model Standards Speaking Up that may have positive effect in the near future. But anti-bullying advocates tell me that right now it is every bit as bad as it was a decade ago and that they have more cases on their books than ever.
I saw dreadful bullying going on around me during my career and I saw people being professionally and emotionally damaged. Something has to change!
David Lillis
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