Branding such as “L.A. Sokka” and “Miami Magic” were considered “clearly targeted towards kids”, when sales to under-18s or suspected recreational users were prohibited, that meeting was told.
Police issued written warnings to Hawke’s Bay dairies and vape stores, some of whom claimed to be unaware they were not to be sold for recreational use. Court action was initiated in some neighbouring regions.
Police Minister Mark Mitchell and Health Minister Simeon Brown said on Wednesday there was no reason for dairies or vape stores to be selling the up-to 3.3 litre canisters.
“The Ministry of Health has not identified any legitimate use for them and has not found evidence of caterers using canisters of this size,” the ministers said.
Their statement also announced nitrous oxide canisters over 10 grams would be automatically classified as psychoactive substances, regardless of claims they are intended for whipping cream.
Imports of nitrous oxide would require approval from the Director-General of Health under the Customs and Excise Act 2018 and “stronger settings” would support law enforcement, they said.
“Although recreational use of nitrous oxide is already illegal, misuse continues to grow and is becoming a serious public health concern,” Brown said.
“The harms can be significant and long-lasting and it is clear we need to do more.”
Nitrous oxide does have legitimate medical and commercial uses, but recreational use is associated with real harm that is likely under-reported.
In February, Hawke’s Bay Today reported there had been at least two Hawke’s Bay Hospital emergency department admissions with nerve damage associated with misuse.
Risks increase with heavy or repeated use, as enabled with the larger canisters, including damage to the nervous system and long-term neurological injury.
Police were aware of serious and fatal crashes involving drivers inhaling, sometimes while driving.
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, but changes will “close loopholes”, he said.
Te Taiwhenua o Heretaunga manu taiko Stewart Whyte, who helped call the January meeting, which sought a sales ban, said: “We are rapt that this has come from something started in this office. We were able to raise the issue and get the right people involved”.
He was surprised it had taken just three months, and was particularly pleased with the restrictions on imports.
Doug Laing is a Hawke’s Bay Today reporter, based in Napier, with more than 50 years’ experience in news gathering, with a particular concern for social issues.