New Zealand moves forward with plain packaging
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New Zealand moves forward with plain packaging

Associate Health Minister Tariana Turia announced today plans to introduce plain packaging legislation, reports the New Zealand Herald

Turia said that legislation to require standardised packaging for tobacco products will not come into effect until challenges to Australia’s plain packaging legislation before the WTO are decided. She predicts that will take place about 18 months from now.

"We know that we've got trade obligations and we take them seriously ... but we are confident that plain packaging can be introduced consistently with those obligations", she said.

Australia’s plain packaging laws, the first in the world, came into effect on December 1 after surviving a constitutional challenge from JT International and British American Tobacco. The battle has shifted to the WTO, where Ukraine, Honduras, and the Dominican Republic argue that the law violates Australia’s obligations under international trade rules. Tobacco companies have also initiated arbitration, alleging that the law violates the Australia-Hong Kong Bilateral Investment Treaty.

Turia and Prime Minister John Key also expect legal challenges to the plan under New Zealand law, saying that defending the new legislation could cost up to NZ$6 million ($5.07 million). Likewise, British American Tobacco’s country general manager Steve Rush told the Herald that it does not rule out legal action, and it will “fully participate in the legislative process".

Corinne Blumsky of AJ Park told Managing IP that the legal framework in New Zealand is different from Australia’s, so tobacco companies will have to find different avenues to challenge the legislation.

"New Zealand does not have a supreme constitution like Australia," Blumsky explained. "The Attorney General will consult with Parliament on issues of validity and whether it violates other laws such as the Bill of Rights. But once it is passed, it will not be possible to challenge its validity on constitutional grounds."

New Zealand’s plain packaging regulations is expected to be similar to its neighbour’s. Australia requires all cigarettes to be sold with no logos, as well as standard colours, fonts, size, and positioning of all packaging elements, as well as graphic health warnings.

more from across site and ros bottom lb

More from across our site

Partners and other senior leaders must step up if they want diverse talent at their firms to thrive
European and US counsel reveal why they are (or aren't) concerned about patent quality and explain how external counsel can help
Firms such as Bird & Bird and Taylor Wessing have reported rising profits and highlighted the role of high-profile IP disputes and hires
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers in the corporate and IP practices discuss where the firm can steal a march on competitors, its growth plans in London, and why deal lawyers are ‘concertmasters’
Kathleen Gaynor, DEI specialist at Phillips Ormonde Fitzpatrick, says deliberate actions can help law firms reach diversity goals
Scott McKeown, who moved to Wolf Greenfield one year ago, says the change has helped him tap into life sciences work and advise more patent owners
The winners of our Asia-Pacific Awards 2024 will be revealed during a ceremony in Malaysia on September 26
Zach Piccolomini of Wolf Greenfield explains how to maximise your IP portfolio’s value while keeping an eye on competitors
Witnesses at a Congressional hearing debated whether reforming the ITC is necessary and considered what any changes should look like
Gift this article