Confined Space Entry NZ – HSWA Compliance Guide (2026)
Working in a confined space is one of the highest-risk activities in New Zealand workplaces. Under the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (HSWA), regulations 37 to 49 set out strict duties for anyone who manages or works in a confined space. This guide explains your obligations in plain English, with the exact regulation references you need to stay compliant as of May 2026.
What is a confined space? (Reg 37)
A confined space is an enclosed or partially enclosed space that:
- Is not designed or intended for continuous human occupancy, and
- Has a risk of one or more of the following: an oxygen-deficient or oxygen-enriched atmosphere, harmful airborne contaminants, a risk of fire or explosion, or the potential for engulfment or entrapment.
Common examples include tanks, silos, pits, pipes, ducts, sewers, and some excavations. If a space meets both parts of the definition, it is a confined space under HSWA.
Key rule: A space is not a confined space simply because it is hard to get in and out of. It must also have a specific atmospheric or engulfment risk (Reg 37(1)).
Risk assessment – the foundation (Reg 38)
Before any worker enters a confined space, you must carry out a written risk assessment. This must identify:
- All foreseeable hazards (atmospheric, physical, biological, electrical, etc.)
- The nature of the work to be done
- The likely duration of entry
- The number of workers involved
- Any interaction with other activities nearby
The risk assessment must be reviewed whenever there is a change to the space, the work, or the control measures. It must be kept available for inspection by workers and by WorkSafe NZ.
Warning: A generic risk assessment is not enough. Each confined space and each entry job must have its own specific assessment (Reg 38(2)).
Entry permit system (Reg 39–41)
You must have a written entry permit for every confined space entry. The permit must be completed by a competent person (often called the “permit issuer”) and must include:
- The location and description of the confined space
- The purpose of entry
- The names of all authorised entrants and standby persons
- The date and time of issue and expiry
- The hazards identified and control measures in place
- The results of atmospheric testing
- The rescue plan and equipment
- Communication methods
- Sign-off by the permit issuer and the person in charge of entry
The permit must be displayed at the entry point and be valid only for the duration of the specific job. No one may enter without a current, signed permit.
Key rule: The permit must be cancelled immediately if conditions change or if a hazard not covered by the permit appears (Reg 41(2)).
Atmospheric testing (Reg 42–43)
Before any person enters a confined space, the atmosphere must be tested using calibrated gas detection equipment. You must test for:
- Oxygen levels (safe range: 19.5% to 23.5%)
- Flammable gases and vapours (less than 10% of the Lower Explosive Limit)
- Toxic gases (e.g., hydrogen sulfide, carbon monoxide) – must be below the Workplace Exposure Standard
Testing must be done from outside the space first, using a probe or sampling line. Continuous monitoring is required while people are inside. All results must be recorded on the entry permit.
Warning: Never trust your senses. Many hazardous gases are odourless and colourless. Always use a calibrated gas monitor (Reg 42(1)).
Rescue plan (Reg 44–45)
You must have a written rescue plan that is specific to the confined space and the work being done. The plan must include:
- Rescue equipment (tripod, winch, harness, lifeline, breathing apparatus, first aid kit)
- How the rescue will be performed (e.g., non-entry rescue via retrieval system, or entry rescue by trained team)
- Communication methods between entrant, standby person, and rescue team
- Emergency contact numbers and procedures
- Training and practice schedule for the rescue team
The rescue plan must be rehearsed at least annually, and the equipment must be inspected before each use. The standby person must be capable of initiating the rescue immediately.
Key rule: The rescue plan must not rely on emergency services (Fire and Emergency NZ) arriving in time. You must have your own on-site rescue capability (Reg 44(3)).
Competency requirements (Reg 46–49)
All persons involved in confined space work must be competent to perform their roles. This means they have the knowledge, skills, and experience to do the job safely. Specific roles include:
- Entrant: trained in hazard recognition, use of PPE, emergency procedures, and communication
- Standby person: trained in monitoring entrants, operating rescue equipment, and initiating rescue
- Permit issuer: trained in risk assessment, permit systems, and atmospheric testing
- Rescue team: trained in confined space rescue techniques, first aid, and use of breathing apparatus
Training must be refreshed regularly (typically every 2–3 years, or more often if regulations change). Records of training must be kept.
Warning: A worker who has not been trained in confined space entry must not enter a confined space, even under supervision (Reg 46(1)).
Other key duties
- Isolation: All energy sources (electrical, mechanical, hydraulic, pneumatic) must be isolated and locked out before entry (Reg 47).
- Communication: There must be a reliable means of communication between the entrant and the standby person at all times (Reg 48).
- PPE: Appropriate personal protective equipment must be provided and worn, including harness, lifeline, and respiratory protection if needed (Reg 49).
For a full list of duties, refer to the HSWA General Risk and Workplace Management Regulations 2016, available on the New Zealand Legislation website.
Need help managing confined space compliance?
Our online portal gives you ready-to-use risk assessment templates, permit forms, rescue plan checklists, and training records – all aligned with HSWA reg 37–49. Start your free trial today.
Access the Confined Space Compliance Portal →Frequently asked questions
What is the difference between a confined space and a restricted space?
A confined space has atmospheric or engulfment risks (Reg 37). A restricted space (e.g., a crawl space) may be difficult to enter or exit but does not have those specific hazards, so it is not regulated under reg 37–49. However, you still must manage risks under general HSWA duties.
Can I use a generic confined space permit for all entries?
No. Each permit must be specific to the space, the work, and the hazards identified in the risk assessment (Reg 39(2)). A generic permit does not meet the legal requirements.
How often must I test the atmosphere during entry?
Continuous monitoring is required while anyone is inside the confined space (Reg 42(3)). If continuous monitoring is not possible (e.g., due to equipment limitations), you must test at intervals specified in the risk assessment, but continuous monitoring is the accepted best practice.
Who can be a standby person?
A standby person must be competent in confined space monitoring, rescue procedures, and communication. They must not have any other duties that could distract them from watching the entrant (Reg 46(2)). They must be present at the entry point at all times during the entry.
What if my rescue plan relies on Fire and Emergency NZ?
That is not acceptable under Reg 44(3). You must have your own on-site rescue capability that can be deployed immediately. Emergency services may not arrive in time, and they may not have the specific equipment for your space.
Frequently asked questions
What is the difference between a confined space and a restricted space?
A confined space has atmospheric or engulfment risks (Reg 37). A restricted space (e.g., a crawl space) may be difficult to enter or exit but does not have those specific hazards, so it is not regulated under reg 37–49. However, you still must manage risks under general HSWA duties.
Can I use a generic confined space permit for all entries?
No. Each permit must be specific to the space, the work, and the hazards identified in the risk assessment (Reg 39(2)). A generic permit does not meet the legal requirements.
How often must I test the atmosphere during entry?
Continuous monitoring is required while anyone is inside the confined space (Reg 42(3)). If continuous monitoring is not possible (e.g., due to equipment limitations), you must test at intervals specified in the risk assessment, but continuous monitoring is the accepted best practice.
Who can be a standby person?
A standby person must be competent in confined space monitoring, rescue procedures, and communication. They must not have any other duties that could distract them from watching the entrant (Reg 46(2)). They must be present at the entry point at all times during the entry.
What if my rescue plan relies on Fire and Emergency NZ?
That is not acceptable under Reg 44(3). You must have your own on-site rescue capability that can be deployed immediately. Emergency services may not arrive in time, and they may not have the specific equipment for your space.