Who Is Responsible for an Asbestos Management Plan in New Zealand? Landlord vs Tenant

Who Is Responsible for an Asbestos Management Plan in New Zealand? Landlord vs Tenant

A Real Commercial Workplace Case Study

Recently, Asbestos Safe Consultancy completed an asbestos management plan for a commercial workplace in New Zealand. During the inspection, a deteriorated corrugated fibre cement roof was identified above occupied warehouse areas. Visible cracking, historical dust accumulation and the nature of the workplace immediately raised important questions about asbestos management responsibilities and whether further investigation was required.

This particular workplace operated as a busy commercial warehouse where employees sorted and loaded parcels for daily delivery. While the deteriorated roof was an obvious concern, the more important question was whether the condition of the asbestos-containing roofing had the potential to impact the workplace below. Historical dust deposits were observed beneath the roof, prompting recommendations for additional dust sampling and air monitoring to better understand whether asbestos contamination was present. Visual inspection alone cannot determine whether settled dust or airborne fibres contain asbestos, which is why further investigation formed part of our recommendations.

What We Found During the Inspection

The asbestos management plan identified several important issues requiring ongoing management.

The corrugated fibre cement roofing, which is a common asbestos-containing material in older commercial buildings throughout New Zealand, was showing significant signs of deterioration. Large cracks and visible openings allowed daylight through the roofing sheets, confirming the roof had deteriorated over many years.

Beneath the roof, historical dust accumulation was present across structural timbers and surfaces within the warehouse. Although dust accumulation does not automatically indicate asbestos contamination, the condition of the roof meant that the possibility could not be dismissed without appropriate testing.

Asbestos-containing materials do not necessarily require removal simply because they are present. However, when asbestos-containing materials deteriorate, become damaged or are likely to release fibres, further investigation and appropriate management become increasingly important.

Why This Raised Concerns

This wasn’t simply an old warehouse with an ageing roof.

Employees worked directly beneath the deteriorated roofing every day while sorting and loading parcels for delivery. The warehouse was an active workplace where staff spent significant periods carrying out their normal duties.

Because of the roof’s deteriorated condition and the presence of historical dust deposits beneath it, additional dust sampling and air monitoring were recommended to better understand whether asbestos fibres had migrated into occupied work areas.

It is important to understand that deteriorated asbestos-containing materials do not automatically mean people have been exposed. Equally, visual inspection alone cannot confirm that an area is free from asbestos contamination. Professional investigation using appropriate sampling techniques provides the information needed to make informed management decisions.

Who Is Responsible for an Asbestos Management Plan – The Landlord or the Tenant?

This is one of the most common questions we receive.

The simple answer is that responsibility is not always allocated entirely to either the landlord or the tenant.

In New Zealand, duties relating to asbestos management are determined by health and safety legislation, workplace responsibilities and, in some cases, the terms of the lease agreement.

Generally speaking:

• Building owners are responsible for ensuring asbestos-containing materials within their property are appropriately identified and managed.

• The person with management or control of the workplace also has responsibilities to identify asbestos risks and protect workers and other persons from exposure.

• Tenants cannot simply assume asbestos management is entirely the landlord’s responsibility, particularly where they have management or control of the workplace.

• Likewise, landlords cannot assume their obligations disappear simply because the building is leased.

An asbestos management plan, asbestos register and clear allocation of responsibilities between all parties are essential to ensuring asbestos risks are properly managed.

Why Dust Sampling and Air Monitoring Were Recommended

Visual inspection can identify deteriorated asbestos-containing materials, but it cannot determine whether asbestos fibres are present within settled dust or the surrounding air.

Dust sampling helps determine whether asbestos fibres have accumulated on workplace surfaces.

Air monitoring provides information about airborne fibre concentrations during normal workplace conditions or specific activities.

Together, these investigations provide valuable information that helps building owners, tenants and PCBUs make informed decisions regarding ongoing asbestos management.

Importantly, sampling should always be interpreted alongside the condition of the asbestos-containing materials, the activities occurring within the workplace and the likelihood of disturbance.

Lessons for Commercial Property Owners and Tenants

Many commercial buildings constructed before 2000 still contain asbestos-containing materials, including roofing, wall cladding, vinyl flooring, backing boards, insulation and cement products.

The presence of asbestos is not necessarily the greatest risk.

The greater risk often arises when asbestos-containing materials deteriorate, become damaged or are overlooked for many years without inspection.

If you own, lease or manage an older commercial property, ask yourself:

• Do we have an up-to-date asbestos management plan?

• Is there an asbestos register available for staff and contractors?

• Have asbestos-containing materials been inspected recently?

• Are any asbestos-containing materials deteriorating?

• Are management actions being reviewed and completed?

If you cannot confidently answer these questions, it may be time to arrange a professional asbestos inspection.

Final Thoughts

This commercial case study demonstrates why asbestos management plans are far more than a compliance exercise.

A deteriorated asbestos roof was identified above an active workplace where employees carried out their daily duties. Rather than making assumptions, further investigation through dust sampling and air monitoring was recommended to better understand the potential risk and guide appropriate management decisions.

Every commercial workplace is different, but one principle remains the same: asbestos should be identified, assessed and managed before it becomes a problem.

At Asbestos Safe Consultancy, we provide independent asbestos management plans, asbestos surveys, asbestos testing, air monitoring and professional asbestos advice throughout Hawke’s Bay, Gisborne, Taupō, Manawatū and surrounding regions, helping businesses protect their workers, contractors and visitors while meeting their legal obligations.