Government cracking down on large nitrous oxide canisters as misuse continues to grow

Large nitrous oxide canisters will automatically be classed as psychoactive substances if they do not have a lawful use, with the government introducing measures to crack down on their misuse.

The gas has common legitimate medical and commercial uses, such as for pain relief or anaesthesia, or as a propellant to make whipped cream.

But the recreational use of nitrous oxide, or nangs, is illegal under the Psychoactive Substances Act 2013.

Despite that, enforcement currently required proof of intent.

The government will bring in new rules so proof of intent is no longer required, and all large canisters over 10 grams will be automatically regulated under the act.

Health Minister Simeon Brown said the large canisters could contain up to 3.3 litres of gas.

"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," he said.

Brown said misuse continued to grow, and it was becoming a serious public health concern.

"The harms can be significant and long-lasting, and it is clear we need to do more," he said.

The government would also bring in a new import restriction under the Customs and Excise Act 2018, which would require importers of all forms of nitrous oxide to get approval from the Director-General of Health before bringing it 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," Brown said.

Police Minister Mark Mitchell said automatically classifying large canisters as psychoactive substances would make enforcement simpler and more effective for police.

"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," he said.

"These changes close loopholes and give police clearer tools to crack down on those putting New Zealanders at risk."

Green Party co-leader Chlöe Swarbrick said reducing harm was a good thing, but questioned whether the government's approach would do that.

Swarbrick said drug harm was serious - and does exist in communities - but so too does moral panic.

"Put frankly, drugs are winning the war on drugs. We need an evidence-based approach that centres healthcare and that centres community, as opposed to people risking going away locked up in handcuffs, because that is not an opportunity for intervention fo health-based approaches."

Labour leader Chris Hipkins was broadly supportive of the government's changes.

He said it was a "nice, little, retailable announcement" but there were other areas of drug control the government needed to look at.

"Methamphetamine use has more than doubled since the last election. That is actually a far bigger problem than nitrous oxide and it's one that the government still aren't getting on top of.

"But I'm not going to fault them on the changes around nitrous oxide, I think that's a good start."

In February, a Checkpoint investigation showed how easy it was to get nitrous oxide from dairies, vape stores, and convenience stores.

The investigation found of 16 stores visited across Auckland, at least half were willing to sell canisters with virtually no checks.

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