Nitrous oxide crackdown fast-tracked to stop stockpiling, discounts
The Government fast-tracked the introduction of new restrictions on “nangs” over concerns people would stockpile supplies and shops would sell off their stock at discounted prices.
Tighter controls on the nitrous oxide canisters came into effect on June 5, a day after being gazetted, which is not the norm in New Zealand lawmaking.
A Cabinet paper on the matter said Health Minister Simeon Brown’s office waived a rule requiring regulations to be publicly available for 28 days before being publicly notified in the New Zealand Gazette.
“This is to reduce the risk of individuals defeating the purpose of the regulations by stockpiling supplies of nitrous oxide, or heavily discounting sales, in the interim period between the regulations being gazetted and coming into force,” the paper said.
Large canisters over 10g with no lawful use are now automatically classed as psychoactive substances, which Police Minister Mark Mitchell has said would make enforcement “simpler and more effective” for police.
Tighter import controls have also been imposed. It is unlawful to import nitrous oxide into New Zealand without a permit issued by the Director-General of Health.
The Ministry of Health said there are serious penalties, including “substantial fines and imprisonment” for those prosecuted for supplying nitrous oxide for the purpose of inducing a psychoactive effect.
The penalty on conviction is a prison term of up to two years for an individual, or a fine of up to $500,000 for a company.
When the wider crackdown was being announced, Brown said while canisters were often marketed as cream chargers, the Ministry of Health had not identified any legitimate use for them and found caterers were not using canisters of that size.
The regulations imposed in June aimed to address issues with large containers being sold as cream chargers, without the need to prove intent.
Mitchell also said there was “no reason” for dairies or vape stores to be selling nitrous oxide.
The gas has legitimate medical use as an anaesthetic and pain reliever, and can also be used in baking to make whipped cream. All of these can continue under the tighter regulations.
Ministry of Health chief medical officer Dr Joe Bourne said there are serious health impacts with misuse of nitrous oxide.
“Short-term effects include dizziness, impaired judgment, and blackouts, which can be especially dangerous if someone is driving.
“With heavy or repeated use, we are seeing cases of serious neurological harm, including nerve damage that can affect movement and co-ordination.”
Azaria Howell is a multimedia reporter working from Parliament’s press gallery. She joined NZME in 2022 and became a Newstalk ZB political reporter in late 2024, with a keen interest in public service agency reform and government spending.