New Rules Target Recreational Misuse of Nitrous Oxide

The tighter controls on nitrous oxide, commonly known as laughing gas, nos or nangs, officially came into force across New Zealand today. The changes, announced by the Government in late April, aim to curb the rising recreational use of the substance and the associated health and social harms. Large canisters exceeding 10 grams net weight, often sold as cream chargers, will now automatically fall under the Psychoactive Substances Act 2013 without the need to prove intent for psychoactive effects. Importers must also obtain prior approval from the Director-General of Health for any shipments of the gas.

These measures build on existing prohibitions under the Psychoactive Substances Act, which already make it illegal to sell, supply or possess nitrous oxide for recreational purposes. Penalties for breaches can reach up to two years imprisonment for individuals or fines of up to $500,000 for companies. The Ministry of Health is implementing a permit system to facilitate legitimate medical, dental and commercial uses while blocking illegitimate channels.

Background on Nitrous Oxide Use in New Zealand

Nitrous oxide has legitimate applications in healthcare as an anaesthetic and analgesic, in the automotive industry for engine performance, and in food preparation as a propellant for whipped cream. However, its recreational inhalation for short-lived euphoric effects has grown in popularity, particularly among younger people. Small chargers remain available for culinary purposes, but larger canisters have become associated with misuse.

Health authorities have noted increasing reports of harm, including neurological damage from prolonged or heavy use, vitamin B12 deficiency, and accidents linked to impaired coordination. Police have observed discarded canisters in public spaces and links to retail crime in some areas. Retail NZ has publicly supported the crackdown, highlighting how improper sales contribute to broader community issues.

Government Announcement and Key Provisions

Health Minister Simeon Brown and Police Minister Mark Mitchell outlined the reforms on 29 April 2026. The core changes include automatic classification of large canisters as psychoactive substances and a new import approval requirement under the Customs and Excise Act 2018. A robust permit system will be administered by the Ministry of Health to ensure only approved importers can bring nitrous oxide into the country for lawful purposes.

These steps address enforcement challenges where proving intent for recreational supply had previously complicated prosecutions. With the new automatic provisions, large canisters without legitimate use are directly regulated, simplifying police and customs actions. Illegally imported consignments face seizure and forfeiture.

Enforcement and Policing Response

New Zealand Police have stepped up operations targeting illegal sales. Recent sting operations in North Island towns such as New Plymouth, Hāwera and Whanganui resulted in charges against several retailers. Customs officers will monitor imports closely, with the new approval process providing clearer legal grounds for intervention.

Enforcement will focus on suppliers and importers rather than individual users, consistent with a harm-reduction approach. The Psychoactive Substances Regulatory Authority continues to advise that no nitrous oxide products have been approved for recreational use under the Act.

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Health Impacts and Public Safety Concerns

Recreational nitrous oxide use can lead to serious short- and long-term health consequences. Acute effects include dizziness, loss of consciousness and accidents. Chronic exposure risks peripheral neuropathy, spinal cord damage and psychiatric symptoms due to interference with vitamin B12 metabolism. Hospitals have reported rising cases of users presenting with these complications.

Community impacts extend beyond individual health. Discarded canisters contribute to litter and environmental concerns, while impaired driving or public intoxication raises safety issues. The Drug Foundation has emphasised education alongside enforcement to address underlying reasons for use.

Stakeholder Perspectives

Retail NZ welcomed the swift action, noting that legitimate businesses support measures against illicit trade. Health experts from the Science Media Centre highlighted the balance between restricting misuse and maintaining access for medical and industrial needs. Opposition parties have questioned whether the focus on nitrous oxide diverts attention from larger drug policy challenges.

Customs and police statements underscore the collaborative approach between agencies. The permit system is designed to be straightforward for approved users while creating significant barriers for those seeking to import for recreational distribution.

Timeline of Developments

Regulatory attention to nitrous oxide intensified in 2024 with updated Medsafe advisories clarifying recreational supply as illegal. The April 2026 announcement accelerated the process, with implementation targeted for early June. As of today, the new rules are active, with the Ministry of Health finalising permit details in the coming weeks.

Earlier enforcement relied on proving intent under the Psychoactive Substances Act. The automatic classification removes that hurdle for large canisters, marking a significant strengthening of the framework.

Implications for Legitimate Users and Industry

Medical practitioners, dentists, food manufacturers and automotive businesses using nitrous oxide will need to ensure compliance with import permits where applicable. Small culinary chargers under 10 grams remain unaffected for legitimate purposes. The Ministry has indicated a streamlined application process to minimise disruption to lawful supply chains.

Importers are advised to contact the Ministry of Health promptly to understand requirements and avoid delays or seizures at the border. Customs has included guidance in recent communications to stakeholders.

Photo by Tim Mossholder on Unsplash

Future Outlook and Ongoing Monitoring

Authorities will monitor the effectiveness of the crackdown through seizure data, health statistics and enforcement outcomes. Adjustments to the permit system may follow based on feedback from legitimate users. Broader drug harm reduction strategies continue alongside these targeted measures.

Public awareness campaigns are expected to reinforce the message that recreational use remains illegal and carries health risks. The Government has signalled commitment to adapting regulations as patterns of use evolve.

Resources for Further Information

Official details on the regulatory changes are available on the Ministry of Health website. Updates from Customs and Police provide practical guidance for importers and retailers. Individuals concerned about substance use can access support through established health services.