Associate Health Minister Casey Costello announced on 8 May 2024 the coalition government's plan to repeal the Therapeutic Products Act (TPA) 2023 by the end of this year.

Background

The repeal of the TPA aligns with commitments outlined in the coalition agreements and 100-day plan between National, New Zealand First, and ACT. The TPA is set to take full effect in September 2026 but will be repealed before its provisions become operational. 

As we explained in October 2023, the TPA was introduced to modernise the regulation of therapeutic products, such as medicines, medical devices (including medical software that lacked adequate regulation) and natural health products. 

The Repeal Timeline

The TPA is expected to be repealed by the end of 2024, with the government considering new legislative proposals later this year. The repeal aims to address industry and consumer concerns about over-regulation, particularly affecting lower-risk and natural health products, which could lead to higher costs or unavailability. 

What This Means 

Existing laws, such as the Medicines Act 1981, the Dietary Supplements Regulations 1985, and the Sunscreen (Product Safety Standard) Act 2022, will stand.  

The government recognises that the current Medicines Act is out of date and intends to engage with consumers, industry, and practitioners to develop new legislation to ensure it effectively meets the needs of New Zealanders and supports the healthcare industry.

Implications for the Industry

The repeal of the TPA represents a significant shift from the previous regulatory approach under the Labour government. By repealing the TPA, the new government aims to “streamline the approval processes” and remove what has been perceived as “over-regulation” concerning natural health products and lower-risk medical devices.

The effectiveness of the legislative change in enhancing access to medicines and health products will depend on how quickly and effectively the government can implement a new framework to replace the TPA. As with any significant regulatory change, the actual benefits of the repeal and the TPA’s replacement will emerge over time.

What’s Next?

Keep an eye out for further information from us as more details about the Government’s plans emerge. 

Talk to the Experts

Get in touch. Our specialists, David Lewis, Hayley Miller and Christine James, have extensive experience advising members of the healthcare industry, including manufacturers of medicines, other therapeutic products and medical devices, and health software providers, on their regulatory obligations in New Zealand.