New Zealand Plastic Phase-outs: New Zealand bans selected hard-to-recycle and single-use plastic products through national waste regulations

What’s Required

1. Do not manufacture or sell prohibited products

Businesses must determine whether products fall within categories prohibited under the Plastic and Related Products Regulations.

Relevant businesses include:

1. Manufacturers.

2. Importers.

3. Distributors.

4. Retailers.

5. Hospitality businesses.

6. Food-service businesses.

2. October 2022 phase-out

The first major tranche included specified hard-to-recycle products such as:

1. Certain PVC food trays and containers.

2. Certain polystyrene food and beverage packaging.

3. Expanded polystyrene food and beverage products.

4. Plastic drink stirrers.

5. Plastic-stemmed cotton buds.

6. Oxo-degradable plastic products.

3. July 2023 phase-out

Additional restrictions took effect on July 1, 2023, covering:

1. Single-use plastic produce bags.

2. Single-use plastic plates.

3. Single-use plastic bowls.

4. Single-use plastic cutlery.

5. Most single-use plastic drinking straws.

6. Plastic produce labels unless compliant with the applicable requirements.

4. Restrictions apply broadly across plastic types

For products such as plastic straws, produce bags, plates, bowls and cutlery, the rules can apply to:

1. Conventional fossil-based plastic.

2. Bio-based plastic.

3. Compostable plastic.

4. Biodegradable plastic.

Switching from conventional plastic to a compostable plastic version therefore does not automatically avoid the prohibition.

5. Plastic drinking straw exemptions

New Zealand retains exemptions intended to maintain access to single-use plastic straws for people who need them because of disability or health requirements.

The rules specify the circumstances in which straws may be supplied.

6. 2025 amendment for integrated export straws

From December 11, 2025, the rules were amended so that integrated plastic drinking straws forming part of sealed product packaging can be used where the packaged product is intended solely for export.

This provides a specific export-related exemption while retaining domestic restrictions.

7. Plastic produce labels

Plastic produce labels generally need to meet applicable home-compostability requirements unless an exemption applies.

Transitional arrangements and amendments have affected imported produce and specific label requirements.

8. Review remaining PVC and polystyrene packaging

The originally planned third tranche was intended to target additional:

1. PVC food packaging.

2. Rigid polystyrene food packaging.

3. Polystyrene beverage packaging.

The government removed the 2025 implementation deadline and stated that further work would be undertaken before deciding next steps.

Important Deadlines

1. March 2022: Plastic and Related Products Regulations issued.

2. October 1, 2022: First major phase-out tranche took effect.

3. July 1, 2023: Second tranche took effect.

4. 2025: Original deadline for the third tranche removed.

5. May 1, 2025: Amendments affecting transitional produce-label arrangements took effect.

6. December 11, 2025: Amendment concerning integrated drinking straws for exported products entered into force.

7. 2026: Existing tranche 1 and tranche 2 bans remain in force, while additional PVC and polystyrene restrictions await further government decisions.

Current Status

Active and legally binding.

The Waste Minimisation (Plastic and Related Products) Regulations remain in force.

Importantly, the planned third tranche should not currently be presented as an active ban. The government removed the 2025 deadline and has stated that further policy work is required before those additional products are phased out.

Penalties for Non-Compliance

The rules are made under the Waste Minimization Act 2008.

A person who knowingly contravenes relevant regulations made under section 23 of that Act can be liable on conviction to a fine of up to NZ$100,000.

Other enforcement tools may include:

1. Investigation.

2. Regulatory warnings.

3. Requirements to stop supply.

4. Prosecution.

5. Product withdrawal.

6. Reputational consequences.

Examples of Known Violations / Failure Modes

1. Selling prohibited single-use plastic cutlery.

2. Supplying prohibited plastic produce bags.

3. Selling prohibited plastic plates or bowls.

4. Selling non-exempt plastic drinking straws.

5. Treating compostable plastic as automatically exempt.

6. Importing prohibited products for domestic sale.

7. Incorrectly applying the drinking straw accessibility exemption.

8. Incorrectly applying the export exemption.

9. Selling non-compliant plastic produce labels.

10. Continuing to manufacture prohibited products for the New Zealand market.

11. Failing to distinguish products already banned from products only proposed for future phase-out.

12. Assuming the delayed third tranche means the existing bans have also been suspended.

Resources

• https://environment.govt.nz/what-government-is-doing/areas-of-work/waste/plastic-phase-out/

• https://environment.govt.nz/what-you-can-do/campaigns/bans-on-single-use-and-hard-to-recycle-plastic-items/

• https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2022/69/en/latest/#LMS654254

• https://www.legislation.govt.nz/act/public/2008/89/en/latest/#DLM999802

• https://environment.govt.nz/publications/future-plastic-phase-outs/