New Zealand moves forward with plain packaging

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 SHARED ros bottom lb

More from across our site

Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
Gift this article