Discovering that a scaffolder has left your site in an unsafe condition is stressful and potentially dangerous. In New Zealand, you have several formal avenues to raise a complaint — and in serious cases, a legal obligation to report the hazard promptly. Here's what to do, step by step.
Step 1: Make the Area Safe Immediately
Before anything else, do not use or allow access to the unsafe scaffold. If there is an immediate risk of collapse, falling objects, or injury, restrict access to the area straight away. Put up barriers or warning signs if you can do so safely. If someone is in immediate danger, call 111.
Document everything with photos and video before touching anything, as this evidence will support any formal complaint.
Step 2: Contact the Scaffolding Company Directly
Your first formal step is to raise the issue in writing with the scaffolding contractor. Send an email or letter that:
- Describes the specific unsafe conditions (e.g., missing guardrails, unsecured planks, inadequate ties)
- Includes your photos and videos as attachments
- States the date and time you discovered the problem
- Requests an urgent written response and a timeline for rectification
Keep copies of all correspondence. A reputable scaffolding business should respond quickly — unsafe scaffold is a serious liability for them too.
Step 3: Report to WorkSafe New Zealand
If the scaffolding company is unresponsive, dismissive, or if the situation poses a serious risk of harm, you should report it to WorkSafe NZ. WorkSafe is New Zealand's primary workplace health and safety regulator and has the authority to investigate, issue improvement notices, and prosecute where the Health and Safety at Work Act 2015 (HSWA) has been breached.
You can make a report online via the WorkSafe website or by calling them on 0800 030 040. WorkSafe takes reports of unsafe scaffolding seriously — falls from height are one of the leading causes of serious injury and death on New Zealand construction sites.
What WorkSafe can do:
- Investigate the site and the contractor
- Issue prohibition or improvement notices
- Prosecute the scaffolding business or individual workers
Note that WorkSafe focuses on systemic safety issues rather than resolving commercial disputes between you and the contractor.
Step 4: Check the Contractor's Licensing and Certification
Scaffolding in New Zealand is not a licensed trade in the same way as electrical or plumbing work, but scaffolders working at height must comply with WorkSafe NZ regulations under the HSWA and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016. Scaffolding over 5 metres in height is considered restricted work under these regulations and must be erected, altered, or dismantled by a competent person — typically someone with a relevant National Certificate or equivalent.
Check whether the scaffolder holds a current Scaffolding Certificate of Competence issued through a recognised provider. If they misrepresented their qualifications, this strengthens your complaint to WorkSafe.
For broader guidance on building work standards, BRANZ and MBIE Building Performance are useful references.
Step 5: Raise a Dispute Through Consumer Channels
If your complaint involves financial loss — for example, you paid for scaffolding that was never made safe or had to pay another contractor to fix it — you may have grounds for a civil dispute.
- Disputes Tribunal: For claims up to $30,000, the Disputes Tribunal is a low-cost option. You can apply online through the Ministry of Justice.
- Consumer NZ: Consumer NZ offers guidance on your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, both of which apply to trade services.
Under the Consumer Guarantees Act, services must be carried out with reasonable care and skill. An unsafe scaffold clearly fails this standard.
Step 6: Contact Your Local Council if a Consent Is Involved
If the scaffolding was erected as part of consented building work, your local council's building department may also have an interest. Scaffolding for certain projects may be subject to conditions under a building consent. Contact your council's building control team to ask whether the scaffold forms part of a consented project and whether they have any oversight role.
Always confirm consent-related questions with your council directly, as requirements vary by region.
When to Call a Professional
If you are unsure whether the scaffold is safe to remain in place, do not attempt to assess or adjust it yourself. Contact a qualified scaffolding contractor — ideally one with a recognised certification — to carry out an independent inspection. A professional can provide a written assessment that supports your WorkSafe complaint or Disputes Tribunal claim. You can find qualified local scaffolders on tradedirectory.co.nz.
A Note on Safety
Unsafe scaffolding is not just an inconvenience — it can be fatal. Never climb, lean on, or work near scaffolding you believe to be unstable. Keep children and pets well away from the area until a competent person has confirmed it is safe.
