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Selling toys in New Zealand

In New Zealand, toys for children up to 36 months must meet the Product Safety Standards (Children's Toys) Regulations 2005, which adopt AS/NZS ISO 8124.1. Unsafe goods notices ban lead in toys above a migration limit and small high-powered magnet sets, and, from 1 February 2027, untested sand toys. The Commerce Commission enforces; Customs stops non-compliant imports.

Updated · Each section links to the official source it comes from

Toys for under-3s
Product Safety Standards (Children's Toys) Regulations 2005
Lead
Banned above 90 mg/kg migration, since 26 March 2009
Sand toys
Asbestos testing required from 1 February 2027
Who enforces
Commerce Commission in market; Customs at the border
Maximum fines
$600,000 for a company, $200,000 for an individual
Recall notification
MBIE, within 2 working days of going public

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Is the toy designed, labelled or marketed for children up to 36 months? Read more
  2. 2Does it pass the small parts and foreseeable abuse tests in AS/NZS ISO 8124.1? Read more
  3. 3Does it contain lead, small high-powered magnets or accessible sand? Read more
  4. 4Does it use button batteries, and are they secured? Read more
  5. 5Is there test evidence from an accredited laboratory for import? Read more
  6. 6Who leads and notifies a recall if one is needed? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

The toy safety standard

The mandatory standard for toys for children up to 36 months.

  • The Product Safety Standards (Children's Toys) Regulations 2005 make AS/NZS ISO 8124.1:2002, with amendments, the standard suppliers of children's toys must meet.
  • They apply to toys manufactured, designed, labelled or marketed for children up to and including 36 months, such as rattles, teethers, bath toys, stacking toys, plush toys, dolls, puzzles and toy vehicles.
  • Toys must not be small enough, or have parts that come off in normal use or destructive play, to be swallowed or inhaled; a toy or part that fits entirely in the test cylinder fails.
  • Balloons, books, crayons, marbles, modelling clay, playground equipment and some other items are excluded.
  • A 'Not for children under 36 months' label does not take a toy that appeals to that age outside the rules.
  • The rules apply to anyone in trade supplying new or second-hand toys, including give-aways and toys in cereal packets, but not to private sellers.

How we help: Compliant Always keeps the AS/NZS ISO 8124.1 test report with each toy and reads it against the age grading on the pack. Ask about this

Unsafe goods notices

Bans that apply to toys and play products.

  • The Unsafe Goods (Lead in Children's Toys) Indefinite Prohibition Notice 2009 bans toys with lead in accessible parts at a migration level above 90 mg per kg, tested under AS/NZS ISO 8124.3:2003.
  • Small high-powered magnets supplied in sets of two or more for personal use, including in toys, games, puzzles and construction kits, are banned under a 2014 notice.
  • From 1 February 2027, the Unsafe Goods (Consumer Sand Products) Notice 2026 prohibits importing or supplying toys and craft products with accessible sand unless they have been tested for asbestos to ISO 22262 by an ISO/IEC 17025 accredited laboratory.
  • That test report must be dated no more than 12 months before import or manufacture, identify the product variant and the laboratory, and show no asbestos was identified.
  • An unsafe goods notice lasts 18 months unless revoked, replaced or made permanent.

How we help: Compliant Always keeps lead and asbestos test reports by product variant and shows which sand reports pass 12 months before the next shipment. Ask about this

Button batteries and products for young children

Guidance that sits beside the mandatory rules.

  • A product safety policy statement on button batteries, continued in 2023 and due for review by 2 March 2028, guides manufacturers and suppliers.
  • MBIE suggests choosing devices with secure child-resistant battery compartments, batteries in child-resistant packaging, and products with battery warnings.
  • Products for infants and children should state their age range, have no hazards that could suffocate, strangle or choke a child or cause a fall, and have no sharp edges or points.
  • The Consumer Guarantees Act 1993 requires goods supplied to consumers to be of acceptable quality, including safe.

How we help: Compliant Always records how each product secures its batteries and which warnings it carries, against the policy statement. Ask about this

Import and enforcement

How toy rules are checked at the border and in the market.

  • Toys that do not meet the product safety standard or the lead notice are prohibited imports, and Customs can seize them.
  • Customs may ask for documentary evidence of compliance or inspect goods; test certificates must come from a laboratory accredited under ISO 17025 for the tests required.
  • The Commerce Commission enforces in the market: supplying a non-compliant toy is an offence under section 30 of the Fair Trading Act, with fines up to $600,000 for a company and $200,000 for an individual.
  • Suppliers cannot assume a toy complies because a supplier offers it; they should check it has passed the tests, or have it tested.

How we help: Compliant Always keeps the accredited test reports and supplier declarations each shipment needs, with the laboratory's accreditation recorded. Ask about this

Recalls

What happens when a toy turns out to be unsafe.

  • A recall may be needed where a product may cause injury, or fails a product safety standard or unsafe goods notice.
  • The business leading the recall notifies MBIE within 2 working days of it being made public; failing to notify is an offence with fines up to $600,000.
  • The Minister of Commerce and Consumer Affairs can order a compulsory recall.

How we help: Compliant Always ties each test report and shipment to its batch, so the scope of a recall can be read from the record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ManufacturerDesigning and making toys that pass the standard and the bans.Test reports kept with each toy and variant.
ImporterBringing in toys that are not prohibited imports, with accredited test evidence.Suppliers' test reports read and dated before the goods arrive.
Retailer and online sellerSupplying only compliant toys, new or second-hand, in store or online.Compliance documents ready when a marketplace or the Commission asks.

Questions businesses ask

Which toy safety standard applies in New Zealand?
For toys for children up to and including 36 months, the Product Safety Standards (Children's Toys) Regulations 2005, which adopt AS/NZS ISO 8124.1:2002 with amendments on small parts and choking hazards.
Can a 'not for under 3s' label get a toy out of the rules?
No. If a toy has characteristics that appeal to a child up to 36 months, labelling it 'Not for children under 36 months of age' does not avoid the standard.
Is lead in toys banned in New Zealand?
Yes. Since 26 March 2009, toys with lead in accessible parts at a migration level above 90 mg per kg, tested under AS/NZS ISO 8124.3:2003, are banned indefinitely.
Are magnetic toys allowed in New Zealand?
Small high-powered magnets supplied in sets of two or more for personal use, including in toys, games and construction kits, are banned under an unsafe goods notice in force since 24 July 2014.
Do sand toys need asbestos testing in New Zealand?
From 1 February 2027, yes. Toys and craft products with accessible sand need an asbestos test to ISO 22262 by an accredited laboratory, dated within 12 months before import or manufacture.
What test reports do I need to import toys into New Zealand?
Evidence that the toys meet the standard and bans that apply. Customs may ask for it, and test certificates must come from a laboratory accredited under ISO 17025 for the tests required.
What are the penalties for selling unsafe toys in New Zealand?
Supplying toys that do not meet the product safety standard is an offence under the Fair Trading Act, with fines up to $600,000 for a company and $200,000 for an individual.
Do the toy rules apply to second-hand toys?
Yes, for anyone in trade, including sales through online auction sites. They do not apply to private sellers of second-hand toys.
Who must I tell about a toy recall in New Zealand?
MBIE, within 2 working days of the recall being made public, using the online product safety recall form. Only the business leading the recall needs to notify.
Are there rules on button batteries in toys?
A product safety policy statement guides suppliers to use secure child-resistant battery compartments, child-resistant packaging and battery warnings. It is not mandatory, and MBIE will review it by 2 March 2028.
How does Compliant Always help with selling in New Zealand?
Our team reads the rules for the markets you sell in, including the Food Standards Code New Zealand shares with Australia. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in New Zealand and what your paperwork needs to show.

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