Unsafe scaffolding left behind by a contractor is a genuine safety hazard — and in New Zealand, you have both the right and the responsibility to act quickly. Whether the structure is unstable, missing guardrails, or simply abandoned without warning, there are clear steps you can take to protect yourself, your family, and anyone else who might come near it.
Step 1: Keep Everyone Away from the Scaffolding
Before you do anything else, restrict access to the scaffolding. If it is visibly unstable, leaning, missing planks, or lacking proper guardrails and toe boards, treat it as an immediate danger zone. Keep children, visitors, and pets well clear. If the structure is on a boundary or footpath where members of the public could access it, consider temporary barriers such as cones or tape while you work through the reporting process.
Step 2: Contact the Contractor Directly
Your first point of contact should be the scaffolding contractor who erected the structure. Document the issue in writing — an email or text message creates a clear record. Describe:
- What the hazard is (e.g. missing guardrails, unsecured planks, leaning frames)
- When you noticed it
- Any photos or video you have taken
Give the contractor a reasonable but firm deadline to make the scaffolding safe or remove it. Keep copies of all correspondence.
Step 3: Report to WorkSafe New Zealand
If the contractor does not respond promptly, or if the hazard is serious and immediate, report it to WorkSafe NZ — New Zealand's primary workplace health and safety regulator. Scaffolding falls under the Health and Safety at Work Act 2015 (HSWA), and contractors have a duty to ensure their equipment does not create risks for others.
You can report online or by phone via the WorkSafe website. When reporting, include:
- The contractor's name and contact details (if known)
- Your address and a description of the scaffolding
- Photos if possible
- A description of the specific hazard
WorkSafe can investigate, issue improvement or prohibition notices, and require the contractor to remedy the situation.
Step 4: Contact Your Local Council
If the scaffolding extends over a footpath, road, or public space, your local territorial authority (council) also has jurisdiction. Scaffolding over public land typically requires a licence to occupy or a permit, and councils can act if that permit has lapsed or conditions are being breached. Contact your council's building or infrastructure team.
For scaffolding that may have been erected as part of building work, it is worth checking whether a building consent was required for the underlying project. MBIE Building Performance has guidance on when consents apply, and your council's building department can advise further.
Step 5: Document Everything
Throughout this process, keep a thorough record:
| What to document | Why it matters |
|---|---|
| Photos and video with timestamps | Evidence of the hazard and its duration |
| Written communications with the contractor | Shows you attempted to resolve it directly |
| WorkSafe and council reference numbers | Tracks your reports |
| Any injuries or near-misses | Critical if a claim arises later |
If anyone is injured as a result of the unsafe scaffolding, contact ACC and seek legal advice.
What Makes Scaffolding 'Unsafe'?
In New Zealand, scaffolding must comply with NZS 4576 (Guidelines for Scaffolding) — confirm the current edition and title with Standards NZ, as this standard may have been updated and the relevant provisions of the Health and Safety at Work Act. Common hazards that should be reported include:
- Missing or inadequate guardrails (standard height is 900 mm minimum, with a mid-rail)
- Unsecured or damaged planks and boards
- Scaffolding that is leaning, sinking, or structurally compromised
- Lack of toe boards that could allow tools or materials to fall
- Scaffolding left unattended and accessible to the public or children
- Missing base plates or sole boards causing instability
BRANZ provides technical guidance on construction site safety standards that can help you understand what compliant scaffolding should look like.
Healthy Homes and Rental Properties
If you are a tenant and unsafe scaffolding has been left at a rental property, you have additional protections. Contact your landlord immediately in writing, and if they fail to act, you can escalate to Tenancy Services as well as WorkSafe. Landlords have obligations to maintain safe premises.
When to Call a Professional
Do not attempt to modify, brace, or dismantle scaffolding yourself. Scaffolding erection and dismantling is specialist work — doing it incorrectly can make the situation significantly more dangerous. If the scaffolding needs to be made temporarily safe while you wait for the contractor, contact a licensed scaffolding company to assess and stabilise it. You may be able to recover the cost from the original contractor later.
You can find qualified, local scaffolders on tradedirectory.co.nz who can assess the situation and advise you on next steps.
