- Hon Simeon Brown
- Hon Mark Mitchell
The Government is taking further steps to tighten controls on nitrous oxide to reduce harm and curb its illegitimate use, Health Minister Simeon Brown and Police Minister Mark Mitchell say.
- Large canisters with no lawful use will automatically be classified as psychoactive substances
- Imports of nitrous oxide will require approval from the Director-General of Health.
- Stronger settings will support law enforcement
"Although recreational use of nitrous oxide is already illegal, misuse continues to grow and is becoming a serious public health concern. The harms can be significant and long-lasting, and it is clear we need to do more," Mr Brown says.
"Nitrous oxide has legitimate medical and commercial uses, but recreational use, commonly known as 'nangs', is associated with real harm that is likely under-reported.
"Short-term effects such as dizziness, impaired judgement and blackouts are dangerous, particularly when combined with driving or when mixed with alcohol or other drugs. With heavy or repeated use, the risks increase further, including damage to the nervous system and long-term neurological injury.
"Police have also seen a number of serious crashes involving drivers who have inhaled nitrous oxide, in some cases with fatal consequences."
To address these risks, the Government is taking steps to support law enforcement against the illegal sale and importation of nitrous oxide. This includes a new import restriction to be put in place under the Customs and Excise Act 2018, which will prohibit the importation of all forms of nitrous oxide unless the importer is permitted to do so by the Director‑General of Health.
"Importers will need approval from the Director-General of Health before bringing nitrous oxide into New Zealand. This will prevent imports intended for inhalation for recreational use, helping keep high-risk supply out of the market while ensuring legitimate users can continue to access it."
Larger nitrous oxide canisters over 10 grams will also be automatically classified as psychoactive substances, regardless of claims they are intended for whipping cream.
"These large canisters can contain up to 3.3 litres of gas, significantly larger than a standard small canister containing approximately 8-9 grams. While they are often marketed as 'cream chargers', the Ministry of Health has not identified any legitimate use for them, and has not found evidence of caterers using canisters of this size."
Mr Mitchell says there is no reason for dairies or vape stores to be selling nitrous oxide.
"Automatically classifying large canisters as psychoactive substances will make enforcement simpler and more effective for Police," Mr Mitchell says.
"Anyone who sells or supplies nitrous oxide for the purpose of inducing a psychoactive effect already faces penalties of up to two years' imprisonment or fines of up to $500,000. These changes close loopholes and give Police clearer tools to crack down on those putting New Zealanders at risk.
"We are focused on reducing harm, backing enforcement, and targeting those who peddle harm in our communities. This is a practical, common-sense step to reduce harm and keep New Zealanders safe."
