Tighter controls on nitrous oxide come into force tomorrow, aimed at reducing the risk of serious harm from recreational inhalation.
From 5 June, importers must have approval from the Director-General of Health to bring nitrous oxide into New Zealand. The new permit system supports legitimate medical, catering, and industrial uses, while helping prevent diversion for recreational use.
Medsafe will assess permit applications on behalf of the Director-General. Approval will be conditional on Medsafe having confidence the imported product is intended for a lawful purpose and appropriate steps are in place to prevent misuse.
Medsafe has already been engaging with importers and has begun assessing early applications, with priority given to importers with imminent shipments.
In addition, nitrous oxide canisters over 10 grams sold as cream chargers will automatically be classified as psychoactive substances under the Psychoactive Substances Act 2013. Canisters used for legitimate medical and industrial purposes are excluded.
The law says anyone who sells or supplies nitrous oxide to someone for the primary purpose of inducing a psychoactive effect is liable on conviction (to a term of up to two years’ imprisonment or a $500,000 fine). Someone possessing nitrous oxide for that purpose is liable to a $500 infringement fine. The new regulations give Police strengthened ability to act against those supplying it for recreational misuse.
Dr Joe Bourne, Chief Medical Officer, Ministry of Health, says nitrous oxide misuse carries real and preventable risks.
“Short-term effects include dizziness, impaired judgement, 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 coordination.
“These changes are about reducing access to higher-risk products and supporting safer behaviour.”
New Zealand Police says the changes will support enforcement and improve road safety.
“We’ve seen incidents where nitrous oxide use has contributed to dangerous driving and, in some cases, serious and fatal crashes,” says Tusha Penny, Police Assistant Commissioner for Road Policing and District Support.
“Stronger controls on supply make it harder to access for misuse and give us clearer tools to act where it is being sold or used unlawfully.”
Customs Group Manager Border Operations, Craig Chitty says Customs will play a critical role in enforcing these new controls at the border while working closely with the Ministry of Health, and Police as part of a coordinated, whole-of-system response.
“The new permit system provides a clear and robust mechanism to verify lawful imports of nitrous oxide, strengthening our ability to identify and intercept consignments that may be diverted for recreational misuse.
“These strengthened border controls complement tighter domestic settings, making it harder for supply to reach the community while ensuring legitimate medical, industrial and commercial trade can continue.”
Nitrous oxide misuse can have serious health impacts. Alongside immediate effects such as dizziness and blackouts, frequent use can lead to long-term neurological damage, including weakness, numbness, and difficulty walking.
If you have concerns about your own or someone else’s drug use, contact the Alcohol Drug Helpline on 0800 787 797 or text 8681. The service is free, confidential, and available 24/7.
