Police not pushing nitrous oxide law

Nitrous oxide should not be sold as a recreational drug. Picture / Bay of Plenty Times

Police are not enforcing a law restricting the sale of nitrous oxide because it is unclear if prosecutions would succeed, says a senior officer.

A Crown Law Office review this month ruled it was illegal to sell nitrous oxide gas canisters for purposes of inhalation. When inhaled, the gas creates a dizzying high which lasts about 30 seconds.

However, it can still be sold legally as a propellant for whipping cream and for medical purposes.

Nelson Bays area commander Inspector Brian McGurk said there were concerns over determining the reasons people purchased the gas.

He said police had been quite surprised by the law review which was "far from clear" and had first heard about it through the media.

"We were taken a bit by surprise by it and we do have some issues with some of the argument in the reasoning in the legal opinion," Mr McGurk said.

Nelson police had not approached retailers selling the gas because the review posed "some fundamental issues that are open to doubt", he said.

While Mr McGurk would not go into details on police concerns which were a national issue, he said it was related to the reasoning the Crown Law Office used.

The gas' legal use as a "therapeutic" product under the Medicines Act had not properly addressed recreational use, he said.

"We're of the view that if that's the case, then the (Ministry) of Health is primarily responsible for the use and the sale."

Mr McGurk said police had referred the matter back to the Ministry of Health hoping the Crown Law Office would reconsider its review.

- nzpa