The New Zealand government has reiterated its plans to reform the law and allow the advertisement at medical conferences and trade shows of medicines not approved by the New Zealand medicines regulator, Medsafe. The stated intent behind this reform is to bring New Zealand into line with comparable countries and to make New Zealand more attractive as a potential host for such events.
However, suppliers of medicines ought to be aware that:
(1) The law prohibiting the advertising of unapproved medicines in New Zealand has not yet been changed.
(2) Advertising unapproved medicines in New Zealand, even to medical professionals at conferences and trade events, remains a criminal offence under section 20 of the Medicines Act 1981 and is subject to a fine of up to NZ$100,000 and, in the case of individuals, imprisonment for up to 6 months.
The planned reforms were first announced in late April 2025 and appear to have been prompted by representations from the industry body, Business Events Industry Aotearoa (BEIA). The Ministry of Regulation says that the government has “agreed to reform” this law, which would require amendment of the Medicines Act. No draft amendment legislation has yet been published. Although there is currently a Medicines Amendment Bill before Parliament, promoted by Regulation Minister David Seymour, this Bill does not include any proposed amendments relating to advertising of unapproved medicines. It is not clear whether the necessary advertising-related amendments are intended to be the subject of a separate future Bill, or added to the current Bill which remains under consideration by a parliamentary select committee.
Medsafe’s guidance on marketing unapproved medicines remains unchanged. That guidance is clear that unapproved medicines cannot lawfully be advertised in New Zealand. The Ministry of Health has not released any comment on the proposed reforms.
Pearce IP is following these proposed reforms with interest and will report on any further developments. (Subscribe here to receive any updates.)
The recent press release from Minister Seymour and Health Minister, Simeon Brown, suggests that the proposed reforms are connected to the decisions of the Australian and New Zealand College of Anaesthetists (ANZCA) and the Royal Australian and New Zealand College of Ophthalmologists (RANZCO) to hold major conferences in New Zealand in 2026. In fact, the decisions to hold these events in New Zealand appear to predate the policy, being announced in May 2025 and December 2024 respectively.
Minister Seymour is the leader of the ACT Party, one of two junior partners in New Zealand’s coalition government which is led by Minister Browne’s National Party. In the last election, ACT campaigned heavily on reducing regulation perceived as unfriendly to business. The Ministry of Regulation was established as part of the coalition deal between National and Act. This may explain Minister Seymour’s eagerness to publicize his party’s medicines advertising policy by reference to the ANZCA and RANZCO conferences.
For further information on medicine regulation in New Zealand, contact our New Zealand executives, Paul Johns, Julie Balance and Sally Paterson.
About Pearce IP
Pearce IP is a boutique firm offering intellectual property specialist lawyers, patent attorneys and trade mark attorneys to the life sciences industries (in particular, pharmaceutical, biopharmaceutical, biotech, ag-tech and food tech). Pearce IP is the 2021 ‘Intellectual Property Team of the Year’ (Lawyers Weekly Australian Law Awards) and was shortlisted for the same award in 2022. Pearce IP is ranked in IAM Patent 1000 and Managing IP (MIP) IP Stars, in Australasian Lawyer 5 Star Awards as a ‘5 Star’ firm, and the Legal 500 APAC Guide for Intellectual Property.
Our leaders have been recognised in virtually every notable IP listing for their legal, patent and trade mark excellence including: IAM Patent 1000, IAM Strategy 300, MIP IP Stars, Doyles Guide, WIPR Leaders, 5 Star IP Lawyers, Best Lawyers, and Australasian Lawyer 5 Star Awards, and have been honoured with many awards including Australian Law Awards – IP Partner of the Year, Women in Law Awards – Partner of the Year, Women in Business Law Awards - Patent Lawyer of the Year (Asia Pacific), Most Influential Lawyers (Changemaker), among other awards.
Paul Johns
Executive, Lawyer (NZ, AU) & Trade Mark Attorney (NZ), (Head of Litigation – New Zealand)
Paul is an intellectual property dispute resolution specialist with more than 24 years of experience across New Zealand and the UK. Paul is a seasoned lawyer, IP strategist, and Head of Pearce IP’s litigation team in New Zealand. Paul is recommended for litigation in the IAM Patent 1000, rated bronze for enforcement and litigation in the WTR1000, ranked Band 4 for Intellectual Property Asia-Pacific in Chambers, and recognised for Intellectual Property and Litigation in Best Lawyers.
Paul is a member of New Zealand’s Copyright Tribunal. He is the Vice Chair of the Patent Law Subcommittee of the IP and Entertainment Law Committee of the International Bar Association. Paul is also a member of the Intellectual Property Society of Australia and New Zealand and is an Associate Member of New Zealand Intellectual Property Attorneys Inc.
Sally Paterson
Executive Lawyer (NZ), Patent & Trade Mark Attorney (AU, NZ)
Sally is a senior Trans-Tasman Patent and Trade Mark Attorney, and a New Zealand registered lawyer with over 20 years’ experience in IP. Sally’s particular expertise is in life sciences, drawing from her background in biological sciences.
Sally is well respected in the New Zealand IP community for her broad ranging skills in all aspects of intellectual property advice, protection and enforcement.
Sally has extensive experience securing registration for patents, designs and trade marks in New Zealand, Australia and internationally, providing strategic infringement, validity and enforceability opinions, acting in contentious disputes including matters before the courts of New Zealand and before IPONZ and IP Australia, and advising on copyright and consumer law matters.
Julie Ballance
Executive, Patent Attorney & Trade Mark Practitioner (AU, NZ), Lawyer & Notary (NZ)
Julie is a senior Trans-Tasman patent attorney, and a New Zealand registered lawyer and notary public with more than 30 years’ experience across a range of technology areas and a first class honours degree in chemistry. Julie is internationally renowned for her considerable patent/trade mark/designs/legal prowess, including being ranked in IAM Patent 1000.