Liability for a scaffolding injury at your property is rarely straightforward — it can rest with you as the homeowner, the scaffolding contractor, the main building contractor, or a combination of all three. Understanding your responsibilities before work begins can save you significant stress and financial exposure.
How Liability Is Generally Determined
In New Zealand, liability for injuries on a worksite — including residential properties — is shaped by several overlapping frameworks: the Health and Safety at Work Act 2015 (HSWA), common law duty of care, and your own insurance arrangements.
Under the HSWA, anyone who manages or controls a workplace — including a homeowner who has engaged contractors — can be considered a Person Conducting a Business or Undertaking (PCBU). This means you may share responsibility for ensuring the worksite is safe, even if you didn't erect the scaffolding yourself. WorkSafe NZ provides detailed guidance on PCBU duties and how they apply to residential projects.
Key factors that influence who bears liability include:
- Who erected the scaffolding — a licensed scaffolding company carries primary responsibility for the structural integrity and compliance of their own scaffold.
- Who controls access to the site — if you, as the homeowner, allow visitors or family members onto the property while scaffolding is present, you may share a duty of care.
- Whether the scaffold met NZ standards — scaffolding in New Zealand must comply with NZS 4576 (Guidelines for Scaffolding) and relevant WorkSafe codes of practice.
- Whether adequate barriers and signage were in place — if the scaffold was left unsecured or unlocked and someone accessed it without authorisation, this affects how liability is apportioned.
The Role of ACC
New Zealand's Accident Compensation Corporation (ACC) scheme means that most injured people — visitors included — cannot sue for personal injury damages in the traditional sense. ACC will generally cover medical costs and lost earnings for an injured visitor, regardless of who was at fault.
However, ACC does not cover everything. It doesn't compensate for pain and suffering, and it doesn't prevent WorkSafe from prosecuting parties (including homeowners) for health and safety breaches. Fines under the HSWA can be substantial.
Your Responsibilities as a Homeowner
Even if you've hired a reputable scaffolding company, you still have practical obligations:
- Restrict access to the scaffold when tradespeople are not on site — lock gates, use barriers, and put up warning signs.
- Keep children and pets away from the scaffold at all times.
- Don't allow visitors to climb or use the scaffold for any reason, even briefly.
- Communicate with your contractor about who is permitted on site and when.
- Check your home and contents insurance — some policies include public liability cover for incidents on your property. Confirm this with your insurer before work starts.
If you are acting as your own project manager (an owner-builder), your PCBU responsibilities under the HSWA are heightened. Seek advice from WorkSafe NZ if you are unsure of your obligations.
The Scaffolding Contractor's Responsibilities
A professional scaffolding company is responsible for:
- Erecting a scaffold that is structurally sound and compliant with NZ standards.
- Providing appropriate edge protection, guardrails, and toe boards.
- Ensuring the scaffold is inspected regularly and after adverse weather.
- Tagging the scaffold clearly (a scaffold tag system is standard practice in NZ).
- Dismantling the scaffold safely at the end of the project.
Reputable scaffolding contractors carry their own public liability insurance. Before engaging any scaffolder, ask to see proof of this insurance and confirm they are experienced with residential projects. You can find qualified local scaffolders on tradedirectory.co.nz.
What About the Main Building Contractor?
If you've engaged a Licensed Building Practitioner (LBP) or a building company to manage the overall project, they may also carry PCBU responsibilities for the worksite. In many cases, the main contractor coordinates with the scaffolding subcontractor and takes on a supervisory duty of care. Check your contract carefully to understand how liability is allocated between parties. The Licensed Building Practitioners register can help you verify your contractor's credentials.
Practical Steps Before Work Begins
| Action | Why It Matters |
|---|---|
| Get a written contract with your scaffolder | Clarifies responsibilities and insurance |
| Ask for proof of public liability insurance | Protects you if the scaffolder is at fault |
| Review your home insurance policy | Check if public liability cover is included |
| Agree on site access rules in writing | Reduces your exposure as a PCBU |
| Erect barriers and signage | Demonstrates your duty of care |
When to Call a Professional
If someone is injured on scaffolding at your property, contact your insurer immediately and seek legal advice. Do not move or alter the scaffold before WorkSafe has had the opportunity to inspect the scene if the injury is serious — the HSWA requires that serious incidents be notified to WorkSafe as soon as practicable.
For the scaffolding work itself, always engage a qualified, insured scaffolding professional. Scaffolding is not a DIY task — poorly erected scaffold is a leading cause of serious injury on NZ worksites. Find a trusted local scaffolder through tradedirectory.co.nz.
