. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/NZL/63 
6 August 2012  
 (12-4322) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  NEW ZEALAND  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  Ministry of Health 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
Ministry of Health 
P.O. Box:  5013, Wellington  New Zealand Telephone:  +64 4 496 2158 Fax:  +64 4 496 2340 
E-mail:  mailto:oliver_poppelwell@moh.govt.nz  
Website:  http://www.health.govt.nz/   
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  3824.90.99 39L;  
2921.19.00 39B 
5. Title, number of pages and language(s) of the notified document:  The Cabinet Paper for 
some of the aspects of the proposed  legislation can be found here:  
"http://www.health.govt.nz/about-m inistry/legislation-and-re gulation/regula tory-impact-
statements/new-regulatory-regime-psychoactive-substances ".     
6. Description of content:  The New Zealand Government is proposing new legislation to 
regulate psychoactive substances, such as part y pills and other legal highs.  This would 
introduce a pre-market approval regime with te sting requirements and re tail restrictions for 
low-risk psychoactive substances.  
This legislation would not apply to psychoactive substances  regulated under ot her legislation, 
such as alcohol and tobacco.  There would be no change to the legal status of drugs controlled under the New Zealand Misuse of Drugs Act 1975, which includes drugs listed in the United 
Nations drug conventions. G/TBT/N/NZL/63 
Page 2  
 
  7. Objective and rationale, including the na ture of urgent problems where applicable:  
To protect human health and safety from ha rmful psychoactive substances. Psychoactive 
substances, such as party pills and other legal highs, are currently unregulated in 
New Zealand. Unlike regulatio n for novel foods, hazardous subs tances, and medicines, there 
is no pre-market mechanism to restrict the av ailability of untested and potentially harmful 
psychoactive substances. Psychoactive substan ces can be sold without any controls over 
ingredients, dose, and retail restrictions such as minimum purchase age.  
The Government currently has to respond to a rapidly evolving market for these products by 
identifying what is being sold, determining whethe r it poses a health risk, and if so, restricting 
it as appropriate. The objective of the measure is to introduce a pre-market  approval regime to 
regulate low-risk psychoactive substances before they reach the market. 
8. Relevant documents:   The Regulatory Impact Statement outlining the options analysis for 
aspects of the new legisla tion can be found here:  
"http://www.health.govt.nz/about-m inistry/legislation-and-re gulation/regula tory-impact-
statements/new-regulatory-regime-psychoactive-substances "  
It is intended that a Bill will be drafted and introduced by the end of 2012. 
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined 
10. Final date for comments:  60 days from the notification da te. Members will be given a 
further opportunity for comment when th e regulations are being developed. 
11. Text available from:  National enquiry point [X], or address, telephone and fax 
numbers, e-mail and web-site addres ses, if available of the other body: