Plastics phase-out update

In late 2008 the Waste Minimisation Act 2008 came into force. Its purpose included to encourage waste minimisation and a decrease in waste disposal in order to protect the environment. In part, it outlined a path for regulations to be made to control or prohibit the manufacture, sale or disposal of a product that “will or may cause significant environmental harm when it becomes waste; or there are significant benefits from reduction, reuse, recycling, recovery, or treatment of the product.”

In June 2021 the Ministry for the Environment released a regulatory impact statement, ‘Phasing out specific hard-to-recycle plastics and single-use plastic items’ to help inform the Government in developing regulations aimed at reducing plastic waste. It included increasing the recyclability of plastic packaging, reducing the use of hard-to-recycle plastics, and eliminating unnecessary single-use plastic items. ‘Hard-to-recycle’ plastics are those with attributes that make them difficult to recycle, have low economic value for recyclers, and are likely to contaminate the recycling of high-value plastics.

In due course, the Government mapped out a plan to phase-out certain problem plastics in three consecutive tranches, with the first, the Waste Minimisation (Plastic and Related Products) Regulations 2022, coming into force on 1 October 2022. The regulations banned the manufacture and sale of:

• single use drink stirrers and plastic/synthetic cotton buds (with some exemptions);
• products containing plastic with pro-degradants;
• PVC food trays or containers; and
• specified polystyrene packaging for food or drink.

Following on from this, the second tranche of phase-outs, the Waste Minimisation (Plastic and Related Products) Amendment Regulations 2022, will come into

force 1 July 2023, and will ban the manufacture or sale of single-use:

• plastic cutlery and tableware;
• plastic produce bags;
• plastic straws (with exemptions for those with health or disability requirements); and
• non-home compostable produce labels used on fruit and vegetables grown domestically and intended for our domestic market.

Under the second tranche, non-compostable plastic labels used for imported fruit and vegetables may continue to be sold until phased out by 1 July 2025. No ban applies on plastic labels used on produce intended for export, as the regulations are focused on reducing plastic contamination in New Zealand.

The third tranche of plastics to be phased out by mid-2025 will include all other PVC and polystyrene food and beverage packaging not covered by the first two tranches.

The Ministry for the Environment assure businesses they will work with them to ensure they understand their obligations, however, where systemic or ongoing non-compliance occurs penalties will apply.