Solving the Plastics Crisis in New Zealand: The need for domestic regulation as well as a global treaty

Plastic pollution has reached crisis point. It is damaging ecosystems and threatening human health. This paper looks at how the problem can be successfully regulated. It argues that the solution lies in regulating to create and maintain a circular economy for plastics – a holistic approach that addresses the entire lifecycle of plastics. This is a complex task, but it is possible through application of the right regulatory tools, and with measures directed upstream at plastic production and product design as well as downstream at recycling and biodegradation. What is needed is sound policy and robust legislation. An analysis of New Zealand law finds that it is not up to the task, and the current proposed legislative changes do not appear sufficient. A review of international law finds that it is not up to the task either. There is a strong case for an international treaty on plastics. So much about the plastic problem is transboundary that in order for individual states to transition to a circular economy they need to align with other states. States need overall governance to streamline all elements of the plastics lifecycle, including source feedstock, polymer types, additives, biodegradation, recycling and labelling so that they are all moving together towards the same goal. A treaty is therefore not just desirable, but necessary. New Zealand should implement robust domestic regulation, and also support the negotiation of a binding treaty on the lifecycle of plastics at the United Nations Environment Assembly.