Arms Legislation Act 2020

1: Title
This Act is the Arms Legislation Act 2020.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: sections 3 to 11 13 15 to 20 22 to 36 43 44 47 48 49(1), (2), and (4) to (6) 50 to 62 64 to 70 72 to 83 85 to 88 91 93 94 to 103
b: section 12 section 5C
c: section 37 sections 22C, 22F, and 22G
d: section 104 sections 79 to 91 and 96
e: section 105 Schedule 1 clauses 8 to 10, 11, and 15 to 19 Schedule 1
f: section 109 Part 1 of Schedule 2
g: section 109 Schedule 2 regulations 3(1A)(b) 6(1A)(b) 10(2)(b) 12(1) 12(1B) 13(1A)(a) 16(2)(b)(i) and (ii) 28E 28F 29A(a)
2: The following provisions come into force 6 months after the date on which this Act receives the Royal assent:
a: section 37 sections 22A, 22B, 22D, and 22E
b: sections 38 to 42 45 46
c: section 71
d: sections 89 90 92
e: section 104 section 92
f: section 109 Schedule 2 rule 20.13(1)(d)
3: The following provisions come into force 12 months after the date on which this Act receives the Royal assent:
a: section 12 sections 5 to 5B and 6
b: section 14
c: section 21
d: section 109 Schedule 2 regulation 7(7A)(b), (9), and (10)
e: section 109 Part 2 of Schedule 2 regulation 9.2
4: The following provisions come into force 2 years after the date on which this Act receives the Royal assent:
a: section 49(3)
b: section 63 Part 6
c: section 105 Schedule 1 clauses 12 and 13 Schedule 1
d: section 109 Schedule 2 regulation 22(1)(a)
5: The following provisions come into force 3 years after the date on which this Act receives the Royal assent, or on an earlier date specified by the Governor-General by Order in Council:
a: section 63 Part 7
b: section 84
c: section 104 sections 93 to 95
d: section 105 Schedule 1 clause 14 Schedule 1
e: section 107
6: Sections 106 108
7: Any provision whose commencement is not provided for in subsections (1) to (6)
8: For the purposes of subsections (5) to (7)
1: Amendments to Arms Act 1983
3: Principal Act
This Part amends the Arms Act 1983 principal Act 2020-06-25 Arms Act 1983 Sections 3–11, 12 (re new s 5C), 13, 15–20, 22–36, 37 (re new ss 22C, 22F, 22G), 43, 44, 47, 48, 49(1), (2), & (4)-(6), 50–62, 64–70, 72–83, 85–88, 91, 93, 94–103, 104 (re new ss 79–91, 96), 105 (re new cls 8–10, 11, 15–19) 2020-12-24 Arms Act 1983 Sections 37 (re new ss 22A, 22B, 22D, 22E), 38–42, 45, 46, 71, 89, 90, 92, 104 (re new s 92). See s 2(2)(a)-(e) 2021-06-24 Arms Act 1983 Sections 12, 14, and 21. See s 2(3)(a)-(c) 2022-06-24 Arms Act 1983 Section 49(3); section 63 (re new Part 6); section 105 (re new cls 12 & 13). See s 2(4). Any provision not brought into force by s 2(1)-(6), can be brought into force earlier by OIC; see s 2(7) 2023-06-24 Arms Act 1983 Section 63 (re new Part 7); section 84; section 104 (re new ss 93–95); section 105 (re new cl 14 of Schedule 1). Can be brought into force earlier by OIC; see s 2(5) & (8)
4: Long Title repealed
Repeal the Long Title.
5: New Part 1 heading and section 1A inserted
After section 1
1: Preliminary provisions
1A: Purposes of this Act
1: The purposes of this Act are to—
a: promote the safe possession and use of firearms and other weapons; and
b: impose controls on the possession and use of firearms and other weapons.
2: The regulatory regime established by this Act to achieve those purposes reflects the following principles:
a: that the possession and use of arms is a privilege; and
b: that persons authorised to import, manufacture, supply, sell, possess, or use arms have a responsibility to act in the interests of personal and public safety.
6: Section 2 amended (Interpretation)
1: In section 2(1) air pistol carbine conversion kit
a: means a frame or kit that may be used to convert an air pistol that is designed or adapted to be held and fired with 1 hand into an airgun that may be fired from the shoulder; but
b: does not include a pistol carbine conversion kit ammunition seller
a: means a person who is responsible for the day-to-day management of a business that includes selling or supplying ammunition; but
b: does not include—
i: a licensed dealer; and
ii: a member of a shooting club, if the member sells ammunition—
A: to a club member, or on club premises, with the approval of the management committee of the club or a majority vote of club members; and
B: the sales revenue is used for the benefit of the club arms item
a: firearms (including prohibited firearms):
b: magazines (including prohibited magazines):
c: parts (including prohibited parts):
d: airguns:
e: pistols:
f: restricted weapons:
g: pistol carbine conversion kits blank-firing gun
a: means anything that—
i: has the shape of a firearm or restricted weapon, or otherwise resembles a firearm or restricted weapon; and
ii: is capable of firing blank cartridges, but incapable of discharging any shot, bullet, missile, or other projectile; and
b: includes a starting pistol that fires a blank cartridge or a cap Customs officer dealer activity section 5(1) health practitioner improvement notice section 60 manufacture non-prohibited ammunition non-prohibited firearm
a: a prohibited firearm; or
b: a pistol; or
c: a restricted weapon non-prohibited magazine non-prohibited part pistol carbine conversion kit
a: means a frame or kit that may be used to convert a pistol (not being an air pistol) that is designed or adapted to be held and fired with 1 hand and that has an overall length of no more than 400 millimetres into a firearm that may be fired from the shoulder; and
b: includes a frame or kit described in paragraph (a) registry section 93 semi-automatic pistol
a: fires a cartridge and ejects the cartridge case; and
b: automatically loads another cartridge in the firearm’s chamber (unless all loaded cartridges have been fired) senior manager shooting club section 38A small semi-automatic pistol
a: has an overall length of 400 millimetres or less, excluding any silencer, pistol carbine conversion kit, or other muzzle-fitting attachment; and
b: has a barrel length of 101 millimetres or more; and
c: is capable of firing specified ammunition only at a muzzle velocity of 1,600 feet per second or less; and
d: is suitable for shooting on a certified pistol range specified ammunition theatrical armourer
a: firearms:
b: prohibited magazines:
c: restricted weapons visitor
2: In section 2(1) antique firearm antique firearm
a: means—
i: any firearm that—
A: is held in the possession of any person solely as an antique (but not as a copy or replica of an antique); and
B: is not designed for firing, and is not capable of firing, rimfire or centrefire cartridge ammunition; or
ii: any firearm declared by regulations made under this Act to be an antique firearm for the purposes of this Act; but
b: does not include any firearm manufactured after 1899
3: In section 2(1) arms office
4: In section 2(1) exempt person section 4A(1) or described in section 4A(1A), (1B), or (1C)
5: In section 2(1) part part
a: means—
i: any component that, of itself, is essential to the discharge of any shot, bullet, missile, or other projectile from the firearm or restricted weapon; and
ii: any component that is exclusively designed to be, or is intended to be, an integral part of the firearm or restricted weapon (for example, a butt, stock, magazine, or other component that feeds or contributes to feeding ammunition to the firearm or restricted weapon); and
b: includes the following components or accessories that can be fitted to, or adapted to fit, a firearm or restricted weapon:
i: grips:
ii: frames:
iii: chassis systems:
iv: magazine adapters:
v: magazine couplers:
vi: magazine loaders:
vii: flash suppressors:
viii: silencers:
ix: folding or telescoping stocks; but
c: does not include the following:
i: pistol carbine conversion kits:
ii: air pistol carbine conversion kits
6: In section 2(1) pistol pistol
7: Section 2A replaced (Meaning of prohibited firearm)
Replace section 2A
2A: Meaning of prohibited firearm
1: In this Act, unless the context otherwise requires, prohibited firearm
a: means any of the following firearms:
i: a semi-automatic firearm, other than—
A: a specified semi-automatic firearm:
B: a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size:
C: a small semi-automatic pistol:
D: a semi-automatic pistol (not being a small semi-automatic pistol) in the possession or under the control of a person referred to in subsection (3)
ii: a pump-action shotgun that is capable of being used with a detachable magazine:
iii: a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size:
iv: a centrefire pump-action rifle that is capable of being used with a detachable magazine:
v: a centrefire pump-action rifle that has 1 or more non-detachable magazines (tubular or otherwise) that are capable of holding more than 10 cartridges commensurate with that firearm’s chamber size; and
b: includes any other firearm declared by Order in Council made under section 74A to be a prohibited firearm for the purposes of this Act.
2: In subsection (1)(a)(i)(A) specified semi-automatic firearm
a: that is capable of firing only 0.22 calibre or lower rimfire cartridges; and
b: that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with the firearm’s chamber size; and
c: that does not have a lower receiver that is able to be attached to a centrefire upper receiver so as to result in a firearm that is able to function.
3: For the purposes of subsection (1)(a)(i)(D)
a: has a firearms licence that bears an endorsement made under section 30 permitting the holder to possess the semi-automatic pistol in the capacity referred to in section 29(2)(b), (c), (d), or (e); and
b: has been issued with a permit to import the pistol (under section 18
8: Section 2B amended (Meaning of prohibited magazine)
In section 2B(b) (except a pistol) (except a pistol described in section 2A(1)(a)(i)(C) or (D)
9: Section 3 amended (Act to bind the Crown)
1: In section 3(2) possession of firearms, airguns, pistols, magazines, parts, restricted weapons, possession of arms items,
2: In section 3(2)(a)(ii) employed or engaged
3: Replace section 3(2)(a)(v)
v: a person authorised by the Commissioner or the Chief of Defence Force to provide training to members of their respective organisations referred to in this paragraph in the use of any arms item, ammunition, or explosive; or
va: a civilian employee of the Ministry of Defence, so long as the person carries or possesses any firearms or other items regulated by or under this Act under the direct supervision of a member of the New Zealand Defence Force; or
vb: a Customs officer; or
4: In section 3(2)(b) firearms, airguns, pistols, magazines, parts, restricted weapons, arms items,
5: In section 3(3)(a) and (b) firearms, airguns, pistols, magazines, parts, restricted weapons, arms items,
6: After section 3(3)(a)
aa: the importation or possession by any agent of the Crown of arms items, ammunition, or explosives imported on behalf of the Crown, so long as the importation or possession is within the scope of the agent’s written authority; or
ab: the manufacture by the Crown, or on behalf of the Crown by any agent of the Crown, of any arms items, ammunition, or explosives, so long as any assembly or manufacture by an agent is within the scope of the agent’s written authority; or
7: After section 3(3)
4: Nothing in this Act makes unlawful the importation, carriage, or possession of any firearm or other item regulated by or under this Act by any person who is a visiting law enforcement officer from another country and is authorised by the Commissioner to import the firearm or other item into New Zealand or to carry or possess the firearm or other item while in New Zealand.
5: The following requirements of this Act do not apply in relation to any arms items, ammunition, or explosives, or other items regulated by or under this Act that are owned by the Crown, except to the extent provided by regulations made under section 74:
a: any requirement to notify or report any event or circumstance to the Police:
b: any requirement to mark any firearm or other item with an identifying marking:
c: any requirement to provide any particulars to the Police for inclusion in the registry:
d: any requirement to record any particulars, whether in the registry or elsewhere.
6: No prosecution for an offence against any of sections 55D, 55E, 55F, and 55G
7: In subsection (6) undercover officer
a: means a constable whose identity is for the time being concealed for the purpose of a particular investigation of any suspected offence against any of sections 55D, 55E, 55F, and 55G
b: includes any other constable who is for the time being directing or assisting that constable in the course of that investigation.
8: A certificate signed by the Commissioner to the effect that, at any specified time or during any specified period, the constable named in the certificate was acting as an undercover officer is, for the purposes of subsection (6)
10: Section 4A amended (Persons who may apply to import, sell, supply, possess, or use prohibited items)
1: In the heading to section 4A import, manufacture,
2: In section 4A(1)(a) or an employee or agent of a licensed dealer
3: After section 4A(1)(i)
j: a person who is the owner or manager, or is an employee, of an agricultural, a horticultural, or a silvicultural business, if there is a real possibility that the commercial viability of the business would be detrimentally affected to a significant extent by the presence of prescribed wild animals or animal pests on any land used for that business (subject to prescribed limits, if any).
4: After section 4A(1)
1A: A person who before 12 April 2019 was in the business of manufacturing prohibited parts for the purposes of permitted supply is an exempt person in their capacity as a manufacturing business if the person continues, for the purposes of permitted supply, to manufacture prohibited parts.
1B: A person who before 12 April 2019 was in the business of permitted supply is an exempt person in their capacity as a permitted supply business if the person continues, for the purposes of carrying out permitted supply, to use prohibited items to test and demonstrate prohibited parts.
1C: A person employed or engaged by a person referred to in subsection (1A) or (1B)
5: After section 4A(2)
3: In this section, permitted supply
a: the supply of prohibited parts to the Crown that is permitted under section 3(2) or (3):
b: the export of prohibited parts to any person that is permitted or authorised under the Customs and Excise Act 2018:
c: the supply of prohibited parts to other persons expressly permitted or authorised under this Act to possess prohibited parts (other than by clause 5 of Schedule 1).
11: Cross-heading above section 5 replaced
Replace the cross-heading above section 5
2: Licensed dealers
12: Sections 5 and 6 replaced
Replace sections 5 6
5: Dealers to be licensed
1: A person other than a body corporate must not carry on any of the following activities in relation to a class of arms items without a dealer’s licence that authorises the person to carry on the activity in relation to that class of arms items:
a: the business of selling, hiring, lending, or otherwise supplying a class of arms items:
b: possessing, for the purposes of an auction, a class of arms items:
c: the business of repairing or modifying a class of arms items:
d: displaying, as the director or curator of a bona fide museum, a class of arms items:
e: the business of manufacturing for sale, hire, lending, or other supply a class of arms items:
f: manufacturing (for the purposes of permitted supply (as defined in section 4A(3)
2: A body corporate must not carry on any of the activities specified in subsection (1)
3: Despite subsections (1) and (2)
a: commercial hunting guide services by a firearms licence holder who during the provision of those services supplies no more than 6 firearms to 1 or more clients:
b: the selling, hiring, lending, or supplying of firearms by a member of a shooting club, if the member—
i: sells, hires, lends, or supplies firearms to a club member, or on club premises, with the approval of the management committee of the club or a majority vote of club members; and
ii: the revenue from the sale, hire, lending, or supply of the firearms is used for the benefit of the club.
4: A dealer’s licence may not be issued for the carrying on of any of the activities specified in subsection (1)
a: anti-personnel mines; or
b: cluster munitions.
5: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes this section.
5A: Application for dealer’s licence
1: An application for a dealer’s licence must—
a: be made on a form provided by a member of the Police, or in any way approved by a member of the Police; and
b: specify—
i: the dealer activities for which the dealer’s licence is sought; and
ii: the class or classes of arms items in respect of which those activities will be carried on; and
iii: the place of business from which the dealer activities will be carried on; and
iv: if the dealer intends to operate from 2 or more places of business, the name of the manager of each place of business and the address of each place of business.
2: An application for a dealer’s licence to carry on or manage the dealer activity specified in section 5(1)(e) section 4A(1A)
3: An application for a dealer’s licence to carry on the dealer activity specified in section 5(1)(f) section 4A(1A)
5B: Issue of dealer’s licence
1: A commissioned officer of Police may issue a dealer’s licence to an applicant authorising the applicant to carry on 1 or more dealer activities in respect of 1 or more classes of arms items if—
a: the applicant holds a firearms licence; and
b: the commissioned officer of Police is satisfied that—
i: the applicant is a fit and proper person to carry on the dealer activity or activities; and
ii: in each place of business from which the dealer activity or activities are being carried on there are secure storage facilities appropriate for the class and number of arms items and any ammunition that may be possessed in the course of carrying on the dealer activity or activities.
2: A dealer’s licence that is issued to an applicant for the carrying on of a dealer activity in respect of any of the following classes of arms items must bear an appropriate endorsement made under section 30 or 30B:
a: prohibited firearms:
b: prohibited magazines:
c: pistols:
d: restricted weapons:
e: pistol carbine conversion kits.
3: A dealer’s licence is personal to the person to whom it is issued, may not be transferred to any other person, and must specify—
a: the dealer activity or activities the person may carry on; and
b: the class or classes of arms items in respect of which that activity or those activities may be carried on.
4: However, if the person to whom a dealer’s licence is issued is a senior manager of a body corporate, the senior manager may, on behalf of the body corporate, carry out the dealer activities specified in the dealer’s licence in relation to the class or classes of arms items specified in the dealer’s licence.
5C: On-site theatrical armourers to supervise firearms use in certain cases
1: This section applies if a holder of a dealer’s licence hires out firearms for use by a bona fide theatre company or society or cinematic or television film production company or video recording production company.
2: The use of those firearms by members of the company or society must be supervised by an on-site theatrical armourer.
6: Fit and proper person to hold dealer’s licence
In deciding whether, for the purposes of section 5B(1)(b)(i)
a: must take into account the character and reputation of the applicant, and whether the applicant—
i: has the competencies and resources to carry on the dealer activity or activities for which the dealer’s licence is sought; and
ii: has any convictions; and
iii: has a sound knowledge of firearms; and
iv: understands the legal obligations of a holder of a dealer’s licence; and
v: understands the legal obligations of a holder of a firearms licence, including an understanding of the endorsements that may be made on a firearms licence, and is able to provide advice on those obligations; and
b: in the case of an applicant who is a senior manager of a body corporate, and who, in reliance on section 5(2)
i: the body corporate has appropriate record-keeping systems and other systems to comply with the requirements of this Act and any regulations made under this Act; and
ii: if the body corporate operates from 2 or more places of business, there will be, at each of those places, a manager who has appropriate oversight and control of the proposed dealer activity or activities to be carried on at that place; and
c: may take into account any other matters the commissioned officer of Police considers relevant.
13: Section 6A amended (Conditions of dealer’s licence)
1: In section 6A(1) possession of a pistol, possession of a pistol, pistol carbine conversion kit,
2: In section 6A(1)(a) produce that pistol, produce that pistol, pistol carbine conversion kit,
3: In section 6A(1)(b) inspect the pistol, inspect the pistol, pistol carbine conversion kit,
4: In section 6A(2)(a) and (b) possession of the pistol, possession of the pistol, pistol carbine conversion kit,
14: New sections 6B and 6C inserted
After section 6A
6B: Special condition of dealer’s licence relating to manufacture of firearms, etc
1: Every dealer’s licence issued for the purpose of carrying on a dealer activity relating to the manufacture for sale, hire, lending, or other supply of any of the following classes of items is issued subject to the condition in subsection (2)
a: pistols:
b: restricted weapons:
c: pistol carbine conversion kits:
d: air pistol carbine conversion kits.
2: Before manufacturing any class of items referred to in subsection (1)
a: apply to the Commissioner for approval to manufacture that class of item, stating in the application the number of items intended to be manufactured; and
b: obtain the Commissioner’s written approval for the manufacture of that class of item.
3: The Commissioner, before approving the manufacture of any class of items specified in subsection (1)(a), (b), or (c)
4: The Commissioner must, before approving the manufacture of air pistol carbine conversion kits, also be satisfied that the kits are for the personal use of a member of an airsoft or paintball club that is affiliated with a national airsoft or paintball organisation.
6C: Breach of conditions to which dealer’s licence is subject
A dealer who breaches a condition that their dealer’s licence is subject to under section 6A or 6B
a: be issued with an improvement notice under section 60
b: have their dealer’s licence temporarily suspended under section 60A see section 60C
15: Section 7 replaced (Place of business)
Replace section 7
7: Place of business
1: A dealer’s licence may be issued in respect of 1 place of business only, and that place of business must be specified in the licence.
2: Subsection (1) subsections (3) to (5)
3: A dealer may be issued with a dealer’s licence authorising the dealer to operate from more than 1 place of business if, at each of those places of business, there is a manager holding a dealer’s licence.
4: Any firearms, prohibited magazines, and restricted weapons in the possession of a dealer may be handled at any site in addition to the place of business specified in the dealer’s licence if the dealer hires out those items for use by a broadcaster, bona fide theatre company or society or cinematic or television film production company or video recording production company and—
a: the handling and secure storage of the items at that site are supervised by a theatrical armourer; and
b: the armourer has a firearms licence endorsed under section 30(1)(c) or 30B(3) and the endorsement specifies—
i: that the items may be handled at sites other than the dealer’s place of business; and
ii: that the armourer must hold written consent from a member of the Police that specifies the location of the site and the duration and description of the theatrical production at that site.
5: A dealer may, on an occasional basis, carry on dealer activities from places additional to the place of business specified in their dealer’s licence if a condition to which their licence is subject permits them to do so.
6: For the purpose of subsection (4)(b)
16: Section 7A amended (Gun shows)
1: In section 7A(1) sections 6 and 7 section 7
2: Replace section 7A(3)
3: Any consent given under subsection (1) may be given subject to any conditions specified by the commissioned officer of Police.
3: Repeal section 7A(4)
17: Section 8 replaced (Duration of dealer’s licence)
Replace section 8
8: Duration of dealer’s licence
1: A dealer’s licence comes into force on the date it is issued.
2: A dealer’s licence expires 12 months after the date it comes into force unless it is surrendered or revoked earlier.
8A: Renewal of dealer’s licence
1: A dealer’s licence may from time to time be renewed.
2: An application for renewal of a dealer’s licence must be made before the licence expires.
3: Sections 5A, 5B, and 6 to 8
4: If an application for renewal of a dealer’s licence has been made but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined.
5: The renewal of a licence takes effect from the date of expiry of the previous licence.
8B: Surrender of dealer’s licence
A dealer may at any time surrender their dealer’s licence to a member of the Police.
8C: Effect of expiry or surrender of dealer’s licence
1: If a dealer’s licence expires or is surrendered,—
a: the dealer ceases to be licensed to carry on any dealer activity; and
b: an employee of the dealer may not carry on or assist with the carrying on of any dealer activity on behalf of the dealer; and
c: the dealer must immediately surrender to a member of the Police all records they are required by section 12 to keep that have not been entered in the registry.
2: A dealer commits an offence and is liable on conviction to a term of imprisonment not exceeding 6 months, or to a fine not exceeding $10,000, if the dealer, without reasonable excuse, contravenes this section.
18: Section 9 replaced (Revocation of dealer’s licence)
Replace section 9
9: Revocation of dealer’s licence
1: A dealer’s licence is immediately revoked if the holder’s firearms licence is revoked.
2: A dealer’s licence may be revoked at any time by the Commissioner.
9A: Revocation of suspended dealer’s licence
1: A commissioned officer of Police may, by notice in writing to the holder of a dealer’s licence that is temporarily suspended under section 60A
a: has considered any submissions made by the holder before the day stated in the notice of suspension on whether the licence should be revoked on the ground stated in that notice; and
b: is satisfied that the licence should be revoked on that ground.
2: A commissioned officer of Police must give the holder written notice of a decision on whether to revoke a dealer’s licence temporarily suspended under section 60A
9B: Effect of revocation of dealer’s licence
1: When a dealer’s licence is revoked,—
a: the dealer ceases to be licensed to carry on any dealer activity and must immediately surrender their dealer’s licence to a member of the Police; and
b: an employee of the dealer may not carry on or assist with the carrying on of any dealer activity on behalf of the dealer; and
c: the dealer must immediately surrender to a member of the Police all records they are required by section 12 to keep that have not been entered in the registry.
2: A dealer commits an offence and is liable on conviction to a term of imprisonment not exceeding 6 months, or to a fine not exceeding $10,000, if the dealer, without reasonable excuse, contravenes this section.
19: Section 10 amended (Restriction on possession of pistol, prohibited items, or restricted weapon by licensed dealer)
1: Replace the heading to section 10 Restriction on possession of prohibited firearms, prohibited magazines, pistols, restricted weapons, and pistol carbine conversion kits
2: Replace section 10(1) and (2)
1: A licensed dealer may not take an arms item that is a prohibited firearm, prohibited magazine, pistol, restricted weapon, or pistol carbine conversion kit into their possession for the purpose of carrying on a dealer activity unless the licensed dealer—
a: is the holder of a dealer’s licence that—
i: specifies that the dealer may carry on that activity in respect of a prohibited firearm, prohibited magazine, pistol, restricted weapon, or pistol carbine conversion kit; and
ii: bears an appropriate endorsement made under section 30 or 30B; and
b: either—
i: obtains the arms item under—
A: a permit to import issued under section 18 18AA
B: a permit to possess issued under section 35, 35A, or 35AAA
ii: manufactures it with the written approval of the Commissioner under section 6B(2)
2: A licensed dealer may not take a prohibited part into their possession for the purpose of carrying on a dealer activity unless the dealer obtains it—
a: from a holder of a firearms licence that bears an endorsement made under section 30B permitting the holder to possess a prohibited firearm; or
b: under a permit issued under section 18
c: from another licensed dealer whose dealer’s licence bears an endorsement made under section 30B permitting the dealer to possess a prohibited firearm.
3: Replace section 10(3)
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1)
20: Section 11 replaced (Dealers and their employees and agents to hold firearms licences)
Replace section 11
11: Employees of licensed dealer to hold firearms licence bearing appropriate endorsements
1: An employee of a licensed dealer must not assist with carrying on any dealer activity unless the employee holds a firearms licence.
2: If the employee’s duties include the carrying on of a dealer activity in respect of pistols, pistol carbine conversion kits, restricted weapons, prohibited firearms, or prohibited magazines, the employee’s firearms licence must also bear appropriate endorsements made under section 30 or 30B that authorise the employee to possess any such items in connection with their duties as an employee of the licensed dealer.
3: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes this section.
21: Section 12 amended (Record of dealings by licensed dealers)
1: Replace section 12(1)
1: A licensed dealer must keep at the place of business referred to in their licence a book that records the particulars prescribed by regulations made under this Act relating to—
a: the transactions conducted in the course of carrying on a dealer activity; and
b: the arms items and ammunition received, sold, supplied, or manufactured in the course of carrying on their business.
1A: A licensed dealer who keeps their book under subsection (1)
1B: A licensed dealer who keeps their book under subsection (1)
2: In section 12(2)(b) and (c) pistols, pistol carbine conversion kits,
3: Replace section 12(3) and (4)
3: Despite subsection (1)
a: the particulars are declared by regulations made under section 74 to be exempt from the requirement in that subsection; or
b: the dealer provides the particulars to the Police for inclusion in the registry in accordance with the regulations.
4: A licensed dealer commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the dealer, without reasonable excuse, contravenes this section.
5: Subsection (4) section 59A(2)
22: Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons held by licensed dealers)
1: Replace the heading to section 13 Seizure of items held by licensed dealer
2: In section 13(1), (2), and (4) firearms, ammunition, airguns, pistols, prohibited items, or restricted weapons arms items and ammunition
3: Replace section 13(5)
5: The Minister of Finance must pay out of a Crown Bank Account compensation in respect of all arms items and ammunition seized under this section that have become the property of the Crown.
23: Section 14 replaced (Disposal of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons of dealer whose licence is revoked)
Replace section 14
14: Disposal of items of dealer if licence expires or is surrendered or revoked
1: If a dealer’s licence has expired or has been surrendered or revoked, the dealer may, within 3 months or any longer period that the Commissioner may allow, sell, or otherwise dispose of, any arms item or ammunition in their possession or under their control at the date of the expiry, surrender, or revocation of their licence.
2: The sale or disposal of any arms item or ammunition must be to a person approved for the purpose by a commissioned officer of Police.
24: Section 15 replaced (Offence for licensed dealer to carry on business following revocation of his licence)
Replace section 15
15: Offence to carry on dealer activities following expiry, surrender, or revocation of dealer's licence
1: If a person’s dealer’s licence expires or is surrendered or revoked, the person may not—
a: carry on any dealer activity; or
b: have any business interest in any arms item or ammunition.
2: If the person referred to in subsection (1)
3: However,—
a: nothing in subsection (1)
i: sells or otherwise disposes of any of the kinds of items specified in section 14
ii: after the expiry, surrender, or revocation of their dealer’s licence is, at any subsequent time, issued with another dealer’s licence; and
b: nothing in subsection (2)
i: that sells or otherwise disposes of any of the kinds of items specified in section 14
ii: if, after the expiry, surrender, or revocation of the senior manager’s licence, the senior manager is, at any subsequent time, issued with another dealer’s licence on behalf of the body corporate; or
iii: if another senior manager of the body corporate is issued with a dealer’s licence authorising that senior manager to carry on 1 or more dealer activities on behalf of the body corporate.
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $15,000, if the person, without reasonable excuse, contravenes this section.
25: Cross-heading above section 16 replaced
Replace the cross-heading above section 16
3: Permits to import
26: Section 16 replaced (Offence to import firearms, etc, without permit)
Replace section 16
16: Offence to import firearms, etc, without permit
1: A person must have a permit to bring or cause to be brought or sent into New Zealand any of the following items:
a: a firearm (other than a prohibited firearm), pistol, restricted airgun, restricted weapon, or blank-firing gun:
b: any part of a firearm (other than a prohibited firearm), pistol, restricted weapon, or blank-firing gun:
c: non-prohibited ammunition (other than projectiles for airguns):
d: a pistol carbine conversion kit:
e: an air pistol carbine conversion kit:
f: a prohibited item:
g: prohibited ammunition that is authorised or permitted expressly by or pursuant to this Act to be possessed.
2: In subsection (1) New Zealand
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $15,000, if the person, without reasonable excuse, contravenes subsection (1)(a), (b), (c), (d), or (e)
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years if the person, without reasonable excuse, contravenes subsection (1)(f) or (g)
27: Section 16A replaced (Offence to import prohibited ammunition)
Replace section 16A
16A: Offence to import prohibited ammunition
1: A person must not, without reasonable excuse, bring or cause to be brought or sent into New Zealand any prohibited ammunition that is not authorised or permitted expressly by or pursuant to this Act to be possessed.
2: In subsection (1) New Zealand
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years if the person contravenes subsection (1)
28: Section 17 repealed (Burden of proof)
Repeal section 17
29: Section 18 replaced (Issue of permit to import)
Replace section 18
18: Issue of permit to import firearms, etc
1: A member of the Police to whom an application is made for the issue of a permit to import any item described in section 16(1)(a) to (g)
2: A member of the Police, if satisfied of the matters in subsection (3)
a: a non-prohibited firearm:
b: a blank-firing gun:
c: any part of an item described in paragraph (a) or (b)
d: any non-prohibited ammunition.
3: The matters referred to in subsection (2)
a: the applicant is lawfully able to possess the item; and
b: one of the following applies:
i: the applicant has complied with any previous requirement to provide a sample of the item for examination and testing and the sample was approved by a member of the Police:
ii: a sample of the item is not required to be produced for examination and testing:
iii: if the application is made for the issue of a permit to import a sample of an item, the applicant will—
A: import no more than 1 sample; and
B: comply with the requirements in section 18B
4: The Commissioner may grant an application for the issue of a permit to import any of the following items:
a: a prohibited firearm:
b: a prohibited magazine:
c: a prohibited part:
d: a pistol:
e: a restricted airgun:
f: a restricted weapon:
g: any part of a pistol or restricted weapon:
h: any prohibited ammunition that is authorised or permitted expressly by or pursuant to this Act to be possessed.
5: The Commissioner may issue a permit under subsection (4)
a: the Commissioner is satisfied that there are special reasons why the item should be allowed in New Zealand; and
b: in the case of an application for the issue of a permit under subsection (4)(a), (b), (d), or (f)
i: the holder of a dealer’s licence that bears an endorsement made under section 30 or 30B permitting the dealer to possess the item; or
ii: the holder of a firearms licence that bears an endorsement made under section 30 or 30B permitting the person to possess the item; and
c: in the case of an application for the issue of a permit under subsection (4)(h)
i: is a person permitted by regulations made under this Act to possess prohibited ammunition; and
ii: is the holder of a firearms licence.
6: If an application for the issue of a permit is made under subsection (4)(c)
a: must be satisfied that the part will only be used by the licence holder with or on a non-prohibited firearm; and
b: may impose conditions on the permit that enables a member of the Police to verify the use of the part.
7: A permit issued under this section is personal to the person to whom it is issued and may not be transferred to any other person.
8: A permit may in no case be issued under this section in respect of an anti-personnel mine or cluster munition.
30: New sections 18AA to 18AAD inserted
After section 18
18AA: Issue of permit to import pistol carbine conversion kits
1: A member of the Police to whom an application is made for the issue of a permit to import a pistol carbine conversion kit may require the applicant to produce for examination and testing samples of any pistol carbine conversion kit of the kind referred to in the application that the member of the Police considers necessary.
2: The Commissioner may grant an application for the issue of a permit to bring or cause to be brought or sent into New Zealand a pistol carbine conversion kit only if—
a: the Commissioner is satisfied that—
i: there are special reasons why the pistol carbine conversion kit should be allowed into New Zealand; and
ii: the pistol carbine conversion kit specifically enables a pistol that has an overall length of no more than 400 millimetres and is capable of firing specified ammunition only at a muzzle velocity of 1,600 feet per second or less to be fired from the shoulder; and
iii: the pistol carbine conversion kit does not modify the pistol in any way other than as specified in subparagraph (ii)
b: the application is made by the holder of a firearms licence—
i: whose licence bears an endorsement made under section 30 permitting the holder to possess a pistol; and
ii: who has been issued with a permit to import a pistol (under section 18
3: However, if an application is made by an applicant in the applicant’s capacity referred to in section 29(2)(b), (c), (d), or (e), the Commissioner may grant the application without being satisfied of the matters in subsection (2)(a)(ii) and (iii)
4: If the applicant has appointed a dealer to import a pistol carbine conversion kit as their agent, the dealer must hold—
a: a firearms licence; and
b: a dealer’s licence that bears an endorsement made under section 30 permitting the dealer to possess a pistol.
5: Any permit issued under this section is personal to the person to whom it is issued and may not be transferred to any other person.
18AAB: Issue of permit to import air pistol carbine conversion kits
1: A member of the Police to whom an application is made for the issue of a permit to import an air pistol carbine conversion kit may require the applicant to produce for examination and testing samples of any air pistol carbine conversion kit of the kind referred to in the application that the member of the Police considers necessary.
2: The Commissioner may grant an application for the issue of a permit to bring or cause to be brought or sent into New Zealand an air pistol carbine conversion kit only if the Commissioner is satisfied that the application is made by an applicant who intends to personally use the kit as a member of an airsoft or paintball club that is affiliated with a national airsoft or paintball organisation.
3: Any permit issued under this section is personal to the person to whom it is issued and may not be transferred to any other person.
18AAC: Revocation and validity of permit to import
1: A permit issued under section 18 18AA 18AAB
2: A permit issued under section 18 18AA
a: the permit was issued to a licensed dealer and the dealer’s licence, or any endorsement on the dealer’s licence required for the issue of the permit, is revoked or suspended or has expired or been surrendered; or
b: the permit was issued to any other person who, for the purposes of the issue of the permit, was required to hold a firearms licence, and that person’s firearms licence, or any endorsement on the firearms licence required for the issue of the permit, is revoked or suspended or has expired or been surrendered.
3: Subsection (4)
a: a permit is issued under section 18 18AA
b: any person referred to in paragraph (a)
i: has their licence or endorsement revoked or suspended; or
ii: allows their licence or endorsement to expire; or
iii: surrenders their licence.
4: If this subsection applies, the permit issued to the licensed dealer is invalid to the extent that it permits the importation of an item on behalf of a person referred to in subsection (3)(b)
18AAD: Permit to import issued for items to be brought or sent into New Zealand in single consignment or multiple consignments
1: A permit may be issued under section 18 18AA, or 18AAB
a: in a single consignment at the same time; or
b: in multiple consignments, with a period of not more than 30 days between the arrival of the first and last consignments.
2: If, after the issue of a permit referred to in subsection (1) subsection (1)
31: Section 18B replaced (Samples)
Replace section 18B
18B: Production of samples
1: If an applicant is required, under section 18(1) 18AA(1), or 18AAB(1)
2: Before producing a sample, an applicant must ensure it has not been modified in any way.
3: The Crown is not liable to pay compensation in respect of any damage caused to a sample resulting from the examination and testing of the sample.
4: If, following examination and testing, the sample is not approved, the applicant who produced it must, within 12 months after being informed in writing by a member of the Police that the sample is not approved,—
a: export the sample from New Zealand; or
b: cause the sample to be exported from New Zealand.
5: If the sample is not exported as required by subsection (4)
18C: Export of specified items not corresponding with sample or otherwise approved for importation
1: This section applies if—
a: a specified item is brought into New Zealand under a permit issued for the purposes of section 16(1)
b: the specified item—
i: does not correspond with a sample produced to a member of the Police as required by the description of the specified item in the permit; or
ii: is not otherwise approved for importation into New Zealand.
2: If this subsection applies, the person who brought the specified item into New Zealand or caused it to be brought or sent into New Zealand must, within 12 months after being informed in writing by a member of the Police that the specified item does not correspond with the sample or is not otherwise approved for importation into New Zealand, export or cause to be exported from New Zealand—
a: the specified item; and
b: the sample.
3: If a specified item or sample to which subsection (2)
4: In this section, specified item
32: Section 19 replaced (Seizure of illegally imported items)
Replace section 19
19: Seizure of illegally imported items
1: Subsection (2) section 16
a: has been brought into New Zealand without a permit issued under section 18, 18AA, or 18AAB
b: has been brought into the harbours or other territorial waters of New Zealand and is intended to be brought into New Zealand without a permit issued under section 18, 18AA, or 18AAB
2: If this subsection applies, the member of the Police or the Customs officer may—
a: seize and detain the item; and
b: use any reasonable necessary force to seize the item.
3: If an item is seized and detained under subsection (2)
33: New Part 4 heading, cross-heading, and sections 19A to 19C inserted
After section 19
4: General restrictions
General restrictions on possession of firearms, airguns, magazines, parts, and ammunition
19A: Restriction on possession of prohibited firearms and prohibited magazines
1: No person may have in their possession a prohibited firearm or prohibited magazine unless the person is—
a: the holder of a dealer’s licence that bears an endorsement made under section 30B and who obtains the prohibited firearm or prohibited magazine in any of the ways specified in section 10(1)(b)
b: the holder of a firearms licence that bears an endorsement that—
i: is made under section 30B permitting the holder to possess a prohibited firearm or prohibited magazine; and
ii: is made specific to the prohibited firearm or prohibited magazine by—
A: a permit to import issued under section 18
B: a permit to possess issued under section 35A.
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50A or 50B (as the case may be).
19B: Restriction on possession of prohibited parts
1: No person may have in their possession a prohibited part unless the person—
a: is an exempt person of or over the age of 18 years; and
b: either—
i: is the holder of a dealer’s licence that bears an endorsement made under section 30B permitting the holder to possess a prohibited firearm or prohibited magazine and the holder has obtained the prohibited part in any of the ways specified in section 10(2); or
ii: is the holder of a firearms licence that bears an endorsement made under section 30B that permits the holder to possess a prohibited firearm.
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50C.
19C: Restriction on possession of pistols and restricted weapons
1: No person may have in their possession a pistol or restricted weapon unless the person is—
a: the holder of a dealer’s licence that bears an endorsement that—
i: is made under section 30 permitting the holder to possess a pistol or restricted weapon; and
ii: is made specific to the pistol or restricted weapon by—
A: a permit to import issued under section 18
B: a permit to possess issued under section 35; or
b: the holder of a firearms licence that bears an endorsement that—
i: is made under section 30 permitting the holder to possess a pistol or restricted weapon; and
ii: is made specific to the pistol or restricted weapon by—
A: a permit to import issued under section 18
B: a permit to possess issued under section 35.
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50.
34: Cross-heading above section 20 repealed
Repeal the cross-heading above section 20
35: Section 20 amended (Restrictions on possession of firearms)
1: Replace the heading to section 20 Restriction on possession of non-prohibited firearms
2: In section 20(1) firearm non-prohibited firearm
3: In section 20(2) , prohibited item,
4: Replace section 20(3)
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $15,000, if the person, without reasonable excuse, contravenes subsection (1).
36: Section 21 amended (Restrictions on possession of airguns)
Replace section 21(2)
2: A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person, without reasonable excuse, contravenes subsection (1).
37: New sections 22A to 22G and cross-headings inserted
After section 22
22A: Restriction on possession of non-prohibited magazines and non-prohibited parts
1: A person must not have in their possession an arms item specified in subsection (2)
a: is the holder of a firearms licence; or
b: is under the immediate supervision of a person who is the holder of a firearms licence.
2: The arms items referred to in subsection (1)
a: a non-prohibited magazine:
b: a non-prohibited part.
3: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes this section.
22B: Restriction on possession of ammunition
1: A person must not have in their possession any ammunition (other than projectiles for airguns) unless the person—
a: is the holder of a firearms licence; or
b: is not the holder of a firearms licence, but is under the immediate supervision of a person who is the holder of a firearms licence; or
c: is an employee of an ammunition seller who is performing their duties at their place of work under the supervision of a person who is the holder of a firearms licence.
2: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1) Restrictions on possession of pistol carbine conversion kits
22C: Restrictions on possession of pistol carbine conversion kits
1: A person must not have in their possession a pistol carbine conversion kit unless the person is—
a: the holder of a dealer’s licence that bears an endorsement made under section 30 permitting the holder to possess a pistol and has been issued with—
i: a permit to import issued under section 18AA
ii: a permit to possess issued under section 35AAA
b: the holder of a firearms licence—
i: whose licence bears an endorsement made under section 30 permitting the holder to possess a pistol; and
ii: who has been issued with—
A: a permit, under section 18
B: a permit, under section 35, to possess a pistol; and
iii: who has been issued with—
A: a permit, under section 18AA
B: a permit, under section 35AAA
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50AA Restrictions on sale or supply of ammunition
22D: Restrictions on selling or supplying ammunition
1: A person who sells or supplies ammunition (other than projectiles for airguns) must hold a firearms licence.
2: A person may only sell or supply ammunition (other than projectiles for airguns) to a person who holds a firearms licence.
3: Subsection (1)
4: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1) or (2)
5: It is a defence to a prosecution for an offence against subsection (2)
a: the defendant proves that the defendant took reasonable steps to ascertain whether the person to whom the defendant sold or supplied the ammunition ( A
b: the defendant proves that—
i: the ammunition was sold or supplied to A for use under the immediate supervision of another person who holds a firearms licence ( B
ii: at all times while A was in possession of the ammunition, A was under the immediate supervision of B.
6: Nothing in subsection (3)
22E: Ammunition seller to keep record of ammunition sales
1: An ammunition seller must keep at their place of business a book that records the following details in respect of all ammunition (other than projectiles for airguns) sold or supplied in the course of their business:
a: the name of the person to whom the ammunition was sold or supplied; and
b: the quantity and type of ammunition sold or supplied to the person; and
c: the person’s firearms licence number, or, if the ammunition was sold or supplied to the person for use under the immediate supervision of another person who holds a firearms licence, the name and firearms licence number of that other person.
2: Despite subsection (1)
a: the details are declared by regulations made under section 74 to be exempt from the requirement in that subsection; or
b: the dealer provides the details to the Police for inclusion in the registry in accordance with the regulations.
3: An ammunition seller must, at all reasonable times, permit any member of the Police to inspect and make copies of any entries in the book referred to in subsection (1)
4: An ammunition seller who keeps their book under subsection (1)
5: An ammunition seller who keeps their book under subsection (1)
6: When an ammunition seller’s firearms licence expires or is revoked or surrendered, or the ammunition seller ceases selling or supplying ammunition, the ammunition seller must immediately surrender to the Police all records they are required by this section to keep that have not been included in the registry.
7: An ammunition seller commits an offence and is liable on conviction to a fine not exceeding $10,000 if the ammunition seller, without reasonable excuse, contravenes any of subsections (1) to (6) Restriction on ownership of firearms and restricted weapons by visitors
22F: Visitors may not take ownership of firearm or restricted weapon
1: A visitor who holds a firearms licence may not, during their stay in New Zealand, acquire ownership of any firearm or restricted weapon for possession in New Zealand.
2: If a person contravenes subsection (1) Restriction on manufacture of prohibited items
22G: Restriction on manufacture of prohibited items
1: No person may manufacture a prohibited item.
2: Subsection (1) section 4A(1A)
3: A person who contravenes this section commits an offence under section 50A, 50B, or 50C (as the case may be).
38: Cross-heading above section 23 replaced
Replace the cross-heading above section 23
5: Firearms licences, endorsements, and permits to possess
Firearms licences
39: New section 22H inserted (Persons disqualified from holding firearms licence)
Before section 23
22H: Persons disqualified from holding firearms licence
A person is disqualified from holding a firearms licence if—
a: the person has, within the previous 10 years, been convicted, or been released from custody after being convicted, of any of the following offences:
i: an offence under section 16(4) 16A 55D, 55E, or 55F
ii: a serious violent offence as defined in section 86A of the Sentencing Act 2002:
iii: an offence under section 92, 98, 98A, 189A, 199, 202C, 238, 267(1), 269(1) and (3), or 306 of the Crimes Act 1961:
iv: an offence under section 6, 9, 10, 11, 12, 12A, 12AB, or 12F of the Misuse of Drugs Act 1975; or
b: the person has, or has had within the previous 10 years, a protection order, other than a temporary order, made against them under—
i: section 79 of the Family Violence Act 2018; or
ii: section 14 of the Domestic Violence Act 1995.
40: Section 23 amended (Application for firearms licence)
1: Replace section 23(1)
1: A person may apply to a member of the Police for a firearms licence if the person—
a: is of or over the age of 16 years; and
b: has not had a firearms licence revoked in the previous 5 years (or, if they have, the revocation was reversed by the District Court); and
c: is not disqualified under section 22H
2: After section 23(2)
2A: An applicant must, at the time of making an application for a firearms licence, provide to a member of the Police the name and contact details of their health practitioner.
2B: Subsection (2A)
41: Section 24 replaced (Issue of firearms licence)
Replace section 24
24: Issue of firearms licence
1: Subject to subsection (2)
a: the applicant—
i: is of or over the age of 16 years; and
ii: is a fit and proper person to be in possession of a firearm or an airgun; and
b: either—
i: the applicant’s storage facilities for their firearms and ammunition have been inspected by a member of the Police and are compliant with the requirements for the secure storage of firearms and ammunition; or
ii: if the applicant is a visitor, a member of the Police is satisfied with the arrangements made by the applicant for the storage of the firearms and ammunition they will possess while in New Zealand.
2: A firearms licence must not be issued to an applicant if, in the opinion of a commissioned officer of Police, access to any firearm or an airgun in possession of the applicant is reasonably likely to be obtained by any person who—
a: is disqualified from holding a firearms licence; or
b: has had their firearms licence revoked on the ground that they are not a fit and proper person to be in possession of a firearm or an airgun; or
c: is not a fit and proper person to be in possession of a firearm or an airgun.
3: As soon as is reasonably practicable after issuing a firearms licence to a person, a member of the Police must notify the person’s health practitioner that a firearms licence has been issued to the person.
4: Subsection (3)
42: New sections 24A to 24D inserted
After section 24
24A: Fit and proper person to possess firearm or airgun
1: For the purposes of this Act, a member of the Police may find a person is not a fit and proper person to be in possession of a firearm or an airgun if the member of the Police is satisfied that 1 or more of the following circumstances exist:
a: the person is charged with or has been convicted of an offence in New Zealand or overseas that is punishable by a term of imprisonment (including, but not limited to, an offence involving violence, drugs, or alcohol):
b: the person is charged with or has been convicted of an offence under this Act:
c: the person is charged with or has been convicted of an offence against—
i: section 231A of the Crimes Act 1961; or
ii: the Game Animal Council Act 2013; or
iii: the Wildlife Act 1953; or
iv: the Wild Animal Control Act 1977:
d: the person has, or has had at any time, a temporary protection order made against them under—
i: section 79 of the Family Violence Act 2018; or
ii: section 14 of the Domestic Violence Act 1995:
e: the person has inflicted, or is inflicting, family violence against another person and that other person has grounds under the Family Violence Act 2018 to apply for a protection order in respect of that violence:
f: the person has, or has had at any time, a restraining order made against them under the Harassment Act 1997:
g: the person has engaged in any conduct involving non-compliance with any requirements of—
i: this Act; or
ii: any regulations made under this Act; or
iii: any conditions to which a permit, licence, or endorsement previously issued to the person under this Act was subject:
h: the person shows, or has recently shown, symptoms of a mental or physical illness or injury that may adversely affect their ability to safely possess firearms:
i: the person abuses alcohol, or is dependent on alcohol, to an extent that affects detrimentally their judgement or behaviour:
j: the person uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour:
k: the person is a member of, or has close affiliations with, a gang or an organised criminal group:
l: the person has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism:
m: the person has been assessed as a risk to a State’s national security:
n: the person satisfies any criteria prescribed in regulations made under section 74(1)(bb)
2: In determining whether, for the purposes of this Act, a person is a fit and proper person to be in possession of a firearm or an airgun, the member of the Police may take into account—
a: whether the applicant—
i: has a sound knowledge of the safe possession and use of firearms:
ii: understands the legal obligations of a holder of a firearms licence, including the endorsements that may be made on a firearms licence; and
b: any other criteria prescribed in regulations made under section 74(1)(bc)
c: any other relevant matters the member of the Police considers appropriate.
3: The member of the Police may, for the purpose of determining whether a person is a fit and proper person to be in possession of a firearm or an airgun,—
a: seek and receive any information that the member of the Police thinks appropriate; and
b: consider information obtained from any source.
4: If the member of the Police proposes to take into account any information that is or may be prejudicial to an applicant’s application, the member of the Police must, subject to subsection (5)
5: Nothing in subsection (4)
a: endanger the safety of any person; or
b: prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
c: prejudice the entrusting of information to the Police, the New Zealand Security Intelligence Service, or the Government Communications Security Bureau on a basis of confidence by—
i: the government of any other country; or
ii: any international organisation.
6: In this section,— family violence gang organised criminal group
24B: General conditions of firearms licence
1: Every firearms licence is subject to the conditions that the holder of a firearms licence must,—
a: when using a firearm, act in a way that does not pose a risk to themselves or others; and
b: produce any firearm that the licence holder is carrying to a member of the Police on demand; and
c: permit a member of the Police to inspect all firearms in the licence holder’s possession, the place or places where the firearms are or will be kept, and the place or places where the ammunition is or will be kept, and, for those purposes, to enter at all reasonable times upon the premises where that place or those places are situated; and
d: permit a member of the Police to inspect the security arrangements in any vehicle used by the holder to transport the licence holder’s firearms; and
e: inform a member of the Police if, after the issue of the licence, any of the circumstances described in section 24A(1)
f: inform a member of the Police if their health practitioner changes, and provide updated details of the name and contact details of their health practitioner.
2: Subsection (1)(f)
3: It is the duty of every member of the Police exercising any power conferred by subsection (1)(c) or (d)
a: to give at least 7 days’ notice of the proposed inspection under subsection (1)(c) or (d)
b: to identify themselves to the holder of the firearms licence; and
c: to tell the holder of the firearms licence that the power is being exercised under subsection (1)(c) or (d)
d: if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.
4: Subsections (1)(c) and (3)
24C: Special condition of firearms licence relating to sale or supply of ammunition
A firearms licence held by an ammunition seller is subject to the condition that the ammunition seller has appropriate facilities to ensure the secure storage of all ammunition that, at any time, they possess.
24D: Breach of conditions to which firearms licence is subject
A holder of a firearms licence who breaches a condition that their firearms licence is subject to under section 24B or 24C
a: be issued with an improvement notice under section 60
b: have their firearms licence temporarily suspended under section 60A see section 60B
43: Section 25 amended (Duration of firearms licence)
1: Replace section 25(1)
1: A firearms licence comes into force on the date specified in the licence and, unless revoked or surrendered earlier,—
a: expires 5 years from that date in the case of—
i: a licence issued to a person who has never previously held a firearms licence; or
ii: a licence issued to a person whose previous licence was revoked or surrendered; or
iii: a licence issued to a person who allowed their previous licence to expire without applying for a new licence before the expiry date:
b: expires 10 years from that date in any other case.
2: In section 25(2) to New Zealand and intends to reside in New Zealand for 1 year or less
44: Section 27 replaced (Revocation and surrender of firearms licence)
Replace section 27
27: Surrender and revocation of firearms licence
1: A person may at any time surrender their firearms licence to a member of the Police.
2: A commissioned officer of Police may, by written notice, revoke a firearms licence if, in the opinion of the officer,—
a: the holder of the licence is not a fit and proper person to be in possession of a firearm or an airgun; or
b: the holder of the licence has failed or refused to secure any arms item or ammunition in the person’s possession, in accordance with regulations made under this Act; or
c: access to any firearm or airgun in the possession of the holder of the licence is reasonably likely to be obtained by any person—
i: whose firearms licence has been revoked on the ground that they are not a fit and proper person to be in possession of a firearm or airgun; or
ii: who, in the opinion of a commissioned officer of Police, is not a fit and proper person to be in possession of a firearm or airgun.
45: Section 27A repealed (Family violence and firearms licences)
Repeal section 27A
46: New sections 27B and 27C inserted
Before section 28
27B: Revocation and surrender of licence if holder becomes disqualified
1: If the holder of a firearms licence becomes disqualified under section 22H
2: Nothing in sections 27, 27C, and 62 to 62C
27C: Revocation of suspended firearms licence
1: A member of the Police may, by notice in writing to the holder of a firearms licence that is temporarily suspended under section 60A
a: has considered any submissions made by the holder before the day stated in the notice of suspension on whether the licence should be revoked on the ground stated in that notice; and
b: is satisfied that the licence should be revoked on that ground.
2: A member of the Police must give the holder written notice of a decision on whether to revoke a firearms licence temporarily suspended under section 60A
47: Section 28 replaced (Effect of revocation or surrender of firearms licence)
Replace section 28
28: Effect of revocation or surrender of firearms licence
1: A person whose firearms licence is revoked must immediately surrender their licence to a member of the Police.
2: On the revocation or surrender of a firearms licence, the holder of the licence—
a: ceases to be licensed to possess any arms item or ammunition under the licence or any endorsement on it; and
b: must, on demand, deliver any arms item or ammunition in their possession or under their control to a member of the Police.
3: A person whose firearms licence is revoked or surrendered may at any time within 3 months, or any longer period that the Commissioner may allow, sell or otherwise dispose of any arms item or ammunition in their possession or under their control to a person approved for the purpose by a member of the Police.
4: Subject to subsection (3)
5: The Minister of Finance must pay out of a Crown Bank Account compensation in respect of any arms item or ammunition that is delivered to a member of the Police under this section and that has become the property of the Crown.
6: If a person whose firearms licence is revoked or surrendered also holds a dealer’s licence, their dealer's licence is immediately revoked and must be surrendered with the person’s firearms licence.
7: A person commits an offence and is liable on conviction to a term of imprisonment not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1) or (2)(b)
48: New cross-heading after section 28 inserted
After section 28 Endorsements
49: Section 29 amended (Application for endorsements in respect of pistol or restricted weapon)
1: Repeal section 29(1)
2: In section 29(2) at an Arms Office to a member of the Police for an endorsement to a member of the Police for an endorsement on their firearms licence
3: Replace section 29(2)(a)
a: a member of an incorporated pistol shooting club that holds a certificate of approval issued under section 38G
4: Replace section 29(2)(f)
f: an employee of a licensed dealer; or
5: After section 29(2)
2A: An applicant for a dealer’s licence or the holder of a dealer’s licence may apply to a member of the Police for an endorsement on their dealer’s licence permitting them to possess a pistol or restricted weapon (other than an anti-personnel mine or a cluster munition) in their capacity as a licensed dealer.
2B: A person described in subsection (2)(b), (c), (d), or (e) who is an applicant for a firearms licence or a holder of a firearms licence may apply to a member of the Police under this section for an endorsement permitting that person to have possession of a semi-automatic pistol.
6: Replace section 29(4)
4: An application under subsection (2), (2A), or (2B)
50: Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
1: In section 30(2) firearms licence or dealer’s licence
2: After section 30(2)
3: A person whose firearms licence or dealer’s licence bears an endorsement made under this section is not entitled to lawfully possess a pistol carbine conversion kit until—
a: the person is issued with a permit under section 18AA section 16(1)(g)
b: the person holds a permit issued under section 35AAA
51: Section 30A replaced (Application for endorsement in respect of prohibited firearm or prohibited magazine)
Replace section 30A
30A: Application for endorsement in respect of prohibited firearm or prohibited magazine
1: An exempt person described in any of paragraphs (b) to (j)
2: A person who is of or over the age of 18 years, and who is the holder of a dealer’s licence or is applying for a dealer’s licence, may apply for an endorsement on their dealer’s licence permitting them to possess a prohibited firearm or prohibited magazine in their capacity as a licensed dealer.
3: A person who is of or over the age of 18 years, and who is the employee of a licensed dealer, may apply for an endorsement on their firearms licence permitting them to possess a prohibited firearm or prohibited magazine in their capacity as an employee of the licensed dealer.
4: An application under this section must—
a: be made on a form provided by a member of the Police; and
b: state in which capacity referred to in subsection (1), (2), or (3)
5: An applicant must permit a member of the Police to take, or cause to be taken, for the purposes of the application, 1 or more photographs of the applicant.
52: Section 30B amended (Power to make endorsement in respect of prohibited firearm or prohibited magazine)
1: In section 30B(1) firearms licence or dealer’s licence
2: In section 30B(4) or (i) (i), or (j)
3: In section 30B(5) firearms licence or dealer’s licence
53: Section 31 amended (Possession of firearm, pistol, prohibited item, or restricted weapon for stage, film, or television purposes)
In section 31 producing or staging a play or filming a cinematic production or television film a theatrical, cinematic, television film, or video recording production
54: New section 33C inserted (Duration of endorsements)
After section 33B
33C: Duration of endorsements
1: An endorsement made under section 30 or 30B on a firearms licence held by an employee of a licensed dealer for the purposes of their employment with the dealer continues in force for 1 year after the date on which the endorsement was made, unless one of the following first occurs:
a: the employee’s firearms licence expires:
b: the employee’s firearms licence is surrendered or revoked:
c: the licensed dealer’s licence expires:
d: the licensed dealer’s licence is surrendered or revoked:
e: the relevant endorsement made under section 30 or 30B on the licensed dealer’s licence is revoked:
f: the employee ceases to be employed by the licensed dealer.
2: However, unless earlier revoked or surrendered, an endorsement made under section 30B at any time after 12 April 2019 on a firearms licence held by a person described in section 4A(1)(f), (g), (h), (i), or (j)
a: the date that is 2 years and 6 months after the date on which the endorsement was made:
b: the date on which the licence—
i: is surrendered or revoked; or
ii: expires.
3: Unless earlier revoked or surrendered, an endorsement made under section 30 or 30B on a firearms licence held by any other person, or on a dealer’s licence, continues in force for so long as the licence continues in force.
55: Section 34 amended (Notification of change of address)
1: Replace section 34(1)
1: A holder of a firearms licence who changes their address must, within 30 days after doing so, give written notice of the change to a member of the Police.
2: In section 34(2) shall notify an Arms Office must notify a member of the Police
3: Replace section 34(3)
3: A person commits an offence and is liable on conviction to a fine not exceeding $2,000 if the person, without reasonable excuse, contravenes subsection (1) or (2)
56: Section 34B amended (Effect of non-compliance with requirements in relation to photographs or to calling-in of licences)
In section 34B(b) an Arms Office a Police station
57: Cross-heading above section 35 replaced
Replace the cross-heading above section 35 Permits to possess pistols, restricted weapons, prohibited firearms, prohibited magazines, and pistol carbine conversion kits
58: Section 35 amended (Issue of permit to possess pistol or restricted weapon)
Replace section 35(2)
2: A permit to possess a pistol or restricted weapon may be issued if the member of the Police to whom the application is made is satisfied—
a: that the applicant holds a dealer’s licence that bears an endorsement made under section 30; or
b: that the applicant holds a firearms licence that bears an endorsement made under section 30 and that, by virtue of that licence and endorsement, the applicant is permitted to have possession of the pistol or restricted weapon, as the case may be.
2A: A permit may not be issued under this section to an applicant acting in their capacity as an employee of a licensed dealer.
59: New section 35AAA inserted (Issue of permit to possess pistol carbine conversion kit)
After section 35
35AAA: Issue of permit to possess pistol carbine conversion kit
1: A permit to possess a pistol carbine conversion kit may be issued to an applicant only by a member of the Police acting under a direction of the Commissioner.
2: A permit to possess a pistol carbine conversion kit may be issued if the member of the Police to whom the application is made is satisfied—
a: that the applicant—
i: is the holder of a dealer’s licence that bears an endorsement made under section 30 permitting the holder to possess a pistol; and
ii: has been issued with—
A: a permit, under section 18
B: a permit, under section 35, to possess a pistol; or
b: that the applicant (not being an employee of a licensed dealer)—
i: is the holder of a firearms licence that bears an endorsement made under section 30 permitting the holder to possess a pistol; and
ii: has been issued with—
A: a permit, under section 18
B: a permit, under section 35, to possess a pistol.
3: The member of the Police to whom the application is made must also be satisfied that—
a: the pistol carbine conversion kit specifically enables a pistol that has an overall length of no more than 400 millimetres and is capable of firing specified ammunition at a muzzle velocity of 1,600 feet per second or less to be fired from the shoulder; and
b: the pistol carbine conversion kit does not modify the pistol in any way other than as specified in paragraph (a)
4: However, if an application is made by an applicant in the applicant’s capacity referred to in section 29(2)(b), (c), (d), or (e), the Commissioner may grant the application without being satisfied of the matters in subsection (3)
5: Unless sooner revoked, a permit issued under this section remains in force for the period specified in the permit, which must not exceed 1 month.
6: A permit may at any time be revoked by a commissioned officer of Police.
60: Section 35A amended (Issue of permit to possess prohibited firearm or prohibited magazine)
Replace section 35A(2)
2: A permit to possess a prohibited firearm or prohibited magazine may be issued if the applicant holds a dealer’s licence or firearms licence that bears an endorsement made under section 30B permitting the applicant to possess a prohibited firearm or prohibited magazine and the member of the Police is satisfied that it is appropriate for the applicant to possess the prohibited firearm or prohibited magazine.
2A: A permit may not be issued under this section to an applicant acting in their capacity as an employee of a licensed dealer.
61: Section 36 amended (Offence to carry pistol or restricted weapon without authority)
1: Replace the heading to section 36 Offence to carry pistol, prohibited firearm, prohibited magazine, or restricted weapon without authority
2: In section 36(1) pistol , prohibited firearm, prohibited magazine,
3: Replace section 36(3)
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1).
4: Repeal section 36(4)
62: Section 38 amended (Removal of pistol, prohibited firearm, prohibited magazine, or restricted weapon out of New Zealand)
1: Replace section 38(1)
1: A holder of a firearms licence who intends to remove any pistol, prohibited firearm, prohibited magazine, or restricted weapon from New Zealand must—
a: give not less than 4 days’ notice of the intended removal to a member of the Police; and
b: deliver to a Police station their firearms licence for amendment of the endorsement.
2: Replace section 38(2)
2: A person commits an offence and is liable on conviction to a fine not exceeding $2,000 if the person, without reasonable excuse, contravenes subsection (1)
63: New Parts 6 and 7 inserted
After section 38
6: Shooting clubs and shooting ranges
38A: Interpretation
In this Part,— application for approval section 38D application for certification section 38L certified shooting range section 38P shooting activities
a: means activities that are carried out using a firearm or an airgun for the purpose of shooting at inanimate targets (whether fixed or moving); but
b: excludes—
i: paintball shooting; and
ii: airsoft shooting shooting club
a: act in accordance with a set of written rules; and
b: participate in, or intend to participate in, shooting activities on a regular basis shooting range
a: means a facility (whether indoor or outdoor), or a designated area of land, used by a shooting club or members of the public for the primary purpose of carrying out shooting activities; and
b: includes any defence area (as that term is defined in section 2(1) of the Defence Act 1990) used by a shooting club. Shooting clubs
38B: Shooting club must have certificate of approval
1: A shooting club that uses a shooting range for its shooting activities must hold a certificate of approval issued by the Commissioner.
2: A pistol club that applies for a certificate of approval must be registered under the Incorporated Societies Act 1908.
3: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, establishes or continues to operate a shooting club without the club holding a certificate of approval.
38C: Shooting club must be incorporated society if ammunition or firearms sold on its behalf
1: This section applies if ammunition or firearms are sold on behalf of a shooting club.
2: A shooting club to which this section applies may not hold a certificate of approval under section 38G
38D: Application to have shooting club approved
1: An application for a certificate of approval must be made,—
a: if the shooting club is a body corporate, by a person who is authorised to make the application; or
b: if the shooting club is not a body corporate, by the club’s representative who is authorised by the club to make the application.
2: An application for approval must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—
a: be in a form approved by the Commissioner; and
b: be supported by any information and documents that are prescribed; and
c: be accompanied by the prescribed application fee (if any).
38E: Commissioner may make inquiries and request further information
On receipt of an application for approval made under section 38D
a: may make whatever inquiries the Commissioner considers necessary to determine whether the application should be granted; and
b: may request the applicant to provide any further information or documents that the Commissioner considers necessary to determine whether the application should be granted.
38F: Decision on application for certificate of approval
The Commissioner may grant an application for approval made under section 38D
a: will be using a certified shooting range for its shooting activities; and
b: has rules relating to the safe operation of firearms and promotes the safe possession and use of firearms; and
c: is appropriately administered; and
d: is able to safely manage its shooting activities; and
e: has proper storage for any firearm or ammunition held at any of the club’s premises or at a shooting range used by the club.
38G: Issue of certificate of approval
1: If the Commissioner grants an application for approval, the Commissioner must issue to the shooting club a certificate of approval.
2: A certificate of approval may be granted subject to any conditions that the Commissioner considers appropriate.
38H: Duration of certificate of approval
A certificate of approval granted to a shooting club continues until—
a: surrendered by the shooting club; or
b: cancelled by the Commissioner.
38I: Cancellation of certificate of approval
1: The Commissioner must cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—
a: the shooting club is not using a certified shooting range for its shooting activities; or
b: the shooting club is no longer carrying on its operations; or
c: the shooting club no longer meets the requirements in section 38C or 38F
d: the shooting club has failed to comply with an improvement notice issued under section 38V
2: The Commissioner may cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—
a: the shooting club has failed to comply with any conditions to which its certificate of approval is subject; or
b: the shooting club has failed to report any serious firearms-related safety incident; or
c: any activity of the shooting club has raised any reasonable concern about the safety of its members or the public.
38J: Club may have to reapply for certificate of approval
1: The Commissioner may require a shooting club to reapply for a certificate of approval if—
a: the club has amalgamated with another shooting club that has a different discipline; or
b: the club is an incorporated society that has ceased to be registered under the Incorporated Societies Act 1908 for at least 2 years.
2: Sections 38D to 38I
38K: Annual reports
1: A shooting club must, not later than 5 months after the end of its financial year, provide to the Commissioner an annual report on its operation.
2: The annual report must include the particulars prescribed in regulations made under this Act. Shooting ranges
38L: Shooting ranges must be certified
1: A person may not operate a shooting range unless the shooting range is a certified shooting range.
2: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1)
38M: Application to have shooting range certified
1: An application for certification of a shooting range may be made,—
a: if the person who is proposing to operate the range is an individual, by that individual; or
b: if the person who is proposing to operate the range is a body corporate, by a person who is authorised to make the application; or
c: if the person who is proposing to operate the range is not an individual or a body corporate, by the person’s representative who is authorised by the person to make the application.
2: An application for certification must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—
a: be in a form approved by the Commissioner; and
b: be supported by any information and documents that are prescribed; and
c: be accompanied by the prescribed application fee (if any).
38N: Commissioner may make inquiries and request further information
On receipt of an application for certification made under section 38M
a: may make whatever inquiries the Commissioner considers necessary to determine whether the application should be granted; and
b: may request the applicant to provide any further information or documents that the Commissioner considers necessary to determine whether the application should be granted.
38O: Decision on application to have shooting range certified
The Commissioner may grant an application for certification made under section 38M
a: the shooting range meets all required safety standards published by the Commissioner; and
b: all necessary territorial authority and regional council consents to operate the shooting range have been obtained.
38P: Grant of certification
If the Commissioner grants an application for certification in respect of a shooting range, the Commissioner must issue a certificate to the applicant.
38Q: Certification granted subject to conditions
1: A certificate granted under section 38P
a: holds a firearms licence; and
b: is appropriately trained in shooting range safety management.
2: Certification granted under section 38P
a: maintenance of the shooting range:
b: public access to the shooting range:
c: restrictions on the types of firearms and ammunition that may be used at the shooting range:
d: competitions that may be conducted at the shooting range.
3: A certified shooting range must request the Commissioner to review its range certification if it is intended that the operation of the range will depart from the conditions imposed by or under this section.
38R: Duration of certification
A certificate issued in respect of a shooting range remains in force 5 years after the date it is issued unless the certificate is sooner surrendered or cancelled.
38S: Cancellation of certification
The Commissioner may cancel certification in respect of a shooting range if the Commissioner is satisfied that—
a: the shooting range is no longer being operated as a shooting range; or
b: the shooting range is not being operated with proper regard to individual or public safety; or
c: the operator of the shooting range is not complying with any conditions imposed under section 38Q
d: having regard to the matters specified in section 38O
e: the operator of a shooting range has failed to comply with an improvement notice issued under section 38V
38T: Renewal of certification
1: A certificate granted under section 38P
2: Sections 38M to 38S subsection (4)
3: A renewed certificate is to be treated for all purposes as a new certification granted under section 38P
4: If the circumstances of the shooting range have not changed significantly for 5 years, the applicant may initiate the renewal of the certification by using a form approved by the Commissioner instead of applying under section 38M Compliance
38U: Inspections of shooting clubs and shooting ranges
1: For the purpose of ensuring that a shooting club or shooting range is operated in accordance with this Act, a person who is a member of the Police and authorised in writing by the Commissioner may—
a: enter and inspect—
i: any shooting range (including any shooting club that is part of the range); and
ii: any place where the shooting club stores firearms or ammunition:
b: inspect, print, copy, or remove any documents that the person believes on reasonable grounds to be those of the shooting club or shooting range.
2: A member of the Police must give at least 7 days’ notice of their intention to enter and inspect a venue of a shooting club or a shooting range.
3: The provisions of Part 4 of the Search and Surveillance Act 2012 (apart from subpart 3) apply. 1989 No 80 s 319B; 2002 No 40 s 39
38V: Improvement notices
1: This section applies if a member of the Police reasonably believes that a shooting club or shooting range—
a: is failing, is likely to fail, or has failed to comply with any conditions to which a certificate of approval or certification is subject; or
b: is contravening, is likely to contravene, or has contravened a provision of this Act or regulations made under this Act.
2: If this section applies, the member of the Police may issue an improvement notice to the shooting club or the operator of the shooting range requiring the shooting club or shooting range, within a reasonable period of time specified in the notice, to—
a: remedy the non-compliance or contravention; or
b: prevent a likely non-compliance or contravention from occurring. 2015 No 70 s 101
38W: Temporary suspension of shooting club’s operations pending possible cancellation of certificate of approval
1: A member of the Police may, by notice in writing to a shooting club, temporarily suspend the operations of the shooting club if the member is satisfied that the shooting club has failed to comply with an improvement notice issued under section 38V
2: A notice of temporary suspension must state—
a: the ground on which the notice is given; and
b: the date on which the suspension begins; and
c: that the suspension is to enable the Police to consider cancelling the shooting club’s certificate of approval on that ground; and
d: that the suspension lasts until notice of the decision as to whether to cancel the certificate of approval is given to the shooting club, but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period.
38X: Temporary suspension of shooting range’s operations pending possible cancellation of certification
1: A member of the Police may, by notice in writing to the operator of a shooting range, temporarily suspend the operations of the shooting range if the member is satisfied that the shooting range has failed to comply with an improvement notice issued under section 38V
2: A notice of temporary suspension must state—
a: the ground on which the notice is given; and
b: the date on which the suspension begins; and
c: that the suspension is to enable the Police to consider cancelling the shooting range’s certification on that ground; and
d: that the suspension lasts until notice of the decision as to whether to cancel the certification is given to the operator of the shooting range, but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period.
7: Direct access by certain government agencies to registry
38Y: Interpretation
In this Part,— accessing agency
a: the Department of Conservation; and
b: the Ministry of Foreign Affairs and Trade; and
c: the New Zealand Customs Service arms item direct access
a: search the registry:
b: copy any information stored in the registry import and export information
a: any permit to import issued to the licence holder under section 18(2) or (4)
b: any class or classes of arms items exported by the licence holder licence holder
a: a person who is the holder of a firearms licence; and
b: a person who at any time held a firearms licence licence information
a: the licence holder’s—
i: name; and
ii: date of birth; and
iii: residential address; and
b: the following details about the licence holder’s firearms licence:
i: the firearms licence number; and
ii: the date of expiry of the firearms licence; and
iii: any endorsements on the firearms licence.
38Z: Relationship between this Part and other law
This Part does not prevent or limit the collection, use, or disclosure of information that—
a: is authorised or required by or under any enactment; or
b: is permitted under any enactment.
38ZA: Direct access to licence information
1: The Department of Conservation may have direct access to a licence holder’s licence information recorded in the registry.
2: The purpose of the direct access is to provide administrative assistance to the Director-General of Conservation in relation to the issue, under section 38 of the Conservation Act 1987, of permits for hunting.
38ZB: Direct access to import and export information recorded in registry
1: The Ministry of Foreign Affairs and Trade and the New Zealand Customs Service may have direct access to a licence holder’s import and export information recorded in the registry.
2: The purpose of the direct access is to assist the agencies in performing or exercising their functions, duties, and powers in relation to the movement of lawfully permitted and lawfully possessed arms items.
38ZC: Direct access must be in accordance with direct access agreement
All direct access authorised by section 38ZA 38ZB
a: the Minister responsible for the accessing agency; and
b: the Minister of Police.
38ZD: Matters to which Ministers must have regard before entering into direct access agreement
Before entering into a direct access agreement, the Ministers referred to in section 38ZC
a: that—
i: in the case of direct access authorised by section 38ZA
ii: in the case of direct access authorised by section 38ZB
b: that there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the direct access, use, disclosure, and retention of the information are sufficient; and
c: that the agreement includes appropriate procedures for direct access, use, disclosure, and retention of the information.
38ZE: Consultation before entering into direct access agreement
1: Before entering into a direct access agreement, the Ministers referred to in section 38ZC
a: the Privacy Commissioner; and
b: the advisory group established under section 88
2: When consulted on a direct access agreement, the Privacy Commissioner must have particular regard to the matters that the Ministers need to be satisfied of before entering into the agreement that are specified in section 38ZD(b) and (c)
3: The Ministers must have regard to any comment received from the Privacy Commissioner and the advisory group on the proposed agreement.
38ZF: Content of direct access agreements
A direct access agreement must specify—
a: the particular information in relation to licence holders that may be accessed:
b: the particular purpose or purposes for which the information may be accessed:
c: the particular function, duty, or power being, or to be, performed or exercised by the accessing agency for which the information is required:
d: the mechanism by which the information is to be accessed:
e: the position or designation of the person or persons in the accessing agency who may access the information:
f: the records to be kept in relation to each occasion on which the registry is accessed:
g: the safeguards that are to be applied for protecting information:
h: the requirements relating to storage and disposal of information obtained from the registry:
i: that the accessing agency may use the information only in accordance with the purposes for which it was accessed:
j: the requirements for reviewing the agreement:
k: the requirement to regularly audit access to the registry.
38ZG: Variation of direct access agreement
Sections 38ZD and 38ZE
38ZH: Publication of direct access agreements
1: An agreement, and all variations to the agreement, must be published on—
a: an Internet site maintained by or on behalf of the accessing agency; and
b: an Internet site maintained by or on behalf of the Police.
2: However, subsection (1)
a: an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982:
b: a provision of an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982.
3: If, in reliance on subsection (2)(a)
a: an Internet site maintained by or on behalf of the accessing agency; and
b: an Internet site maintained by or on behalf of the Police.
64: Sections 39 to 41 and cross-heading repealed
Repeal sections 39 to 41 section 39
65: New section 41A inserted (Marking of firearms)
After section 41
41A: Marking of firearms
1: This section applies to all firearms, parts, pistol carbine conversion kits, and magazines possessed by firearms licence holders, including those manufactured in or imported into New Zealand, but does not apply to antique firearms.
2: Firearms, parts, pistol carbine conversion kits, and magazines to which this section applies must be marked to the extent provided in, and in accordance with, requirements set out in regulations made under section 74.
3: The Crown is not liable to pay compensation in respect of—
a: the loss of value in the case of any firearm, part, pistol carbine conversion kit, or magazine that results from it being marked in accordance with the regulations; or
b: the cost of marking the firearm, part, pistol carbine conversion kit, or magazine.
66: Cross-heading above section 42 replaced
Replace the cross-heading above section 42
8: Offences
67: Section 42 replaced (Offences in respect of licences)
Replace section 42
42: Offences in respect of licences
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $20,000, if the person,—
a: with intent to deceive,—
i: adds to a licence any words or figures extraneous to the licence as issued; or
ii: alters on or erases from any licence any words or figures; or
iii: uses or retains any licence—
A: to which have been added any words or figures extraneous to the licence as issued; or
B: from which any words or figures have been erased from the licence as issued; or
C: on which any words or figures on the licence as issued have been altered; or
b: being the holder of a licence, wilfully parts with possession of that licence in order that it may be used by another person; or
c: uses or attempts to use a licence issued in the name of another person with the intention of procuring the possession of any firearm, airgun, pistol, restricted weapon, magazine, or ammunition; or
d: supplies particulars or answers in any application for a licence under this Act, knowing them to be incorrect or misleading.
68: Section 43 replaced (Selling or supplying firearm or airgun to unlicensed person)
Replace section 43
43: Selling or supplying firearm or airgun to unlicensed person
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $20,000, if the person—
a: sells or supplies a firearm (other than a pistol, prohibited item, or restricted weapon) to any person who is not the holder of a firearms licence, a dealer’s licence, or a permit issued for the purposes of section 16(1)
b: sells or supplies an airgun to any individual who is under the age of 18 years and is not the holder of a firearms licence.
2: It is a defence to a prosecution for an offence against subsection (1)(a)
a: that the defendant took reasonable steps to ascertain whether the person to whom they sold or supplied the firearm ( A
b: that—
i: the firearm was sold or supplied to A for use under the immediate supervision of another person, not being a visitor, who holds a firearms licence ( B
ii: at all times, while A was in possession of the firearm, A was under the immediate supervision of B.
3: It is a defence to a prosecution for an offence against subsection (1)(b)
a: the defendant proves that the defendant took reasonable steps to ascertain whether the individual to whom they sold or supplied the airgun (not being a specially dangerous airgun) ( C
b: the defendant proves—
i: that the airgun was sold or supplied to C for use under the immediate supervision of another person ( D
ii: that at all times while C was in possession of the airgun, C was under the immediate supervision of D.
69: Section 43AA replaced (Possessing, selling, or supplying prohibited ammunition)
Replace section 43AA
43AA: Selling or supplying prohibited ammunition
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years if the person, without reasonable excuse, sells or supplies prohibited ammunition.
70: Section 43A replaced (Mail order sale of firearm or ammunition)
Replace section 43A
43A: Mail order or Internet sale of arms items or ammunition
1: A person must not sell by mail order or on the Internet any item specified in subsection (2)
a: signed by the purchaser; and
b: signed by a member of the Police stating that the member of the Police—
i: has inspected the purchaser’s firearms licence; and
ii: has inspected, in the case of an item specified in subsection (2)(d) section 35AAA
iii: is satisfied that the purchaser is a fit and proper person to purchase the item; and
c: recording, in the case of the sale of an item specified in subsection (2)(a), (b), (c), or (d)
2: The items referred to in subsection (1)
a: non-prohibited firearms:
b: non-prohibited magazines:
c: non-prohibited parts:
d: pistol carbine conversion kits:
e: airguns (other than an airgun for use in airsoft or paintball sports):
f: ammunition (other than ammunition for a firearm of the kind described in section 22(1)(a), (b), or (c).
3: A person must not sell by mail order or on the Internet any prohibited item, pistol, or restricted weapon, unless—
a: the purchaser has obtained an endorsement on their dealer’s licence or firearms licence that authorises them to possess a prohibited item, pistol, or restricted weapon; and
b: the purchaser has, in the case of a prohibited firearm, prohibited magazine, pistol, or restricted weapon, obtained a permit to possess that prohibited firearm, prohibited magazine, pistol, or restricted weapon; and
c: the prohibited item, pistol, or restricted weapon is delivered by a courier specified in the permit referred to in paragraph (b)
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1) or (3)
71: Section 43B repealed (Restriction on sale of ammunition)
Repeal section 43B
72: Section 44 replaced (Selling or supplying pistol or restricted weapon to person who does not hold permit to possess)
Replace section 44
44: Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or to a fine not exceeding $30,000, if the person sells or supplies a pistol or restricted weapon to any person other than a person who is authorised—
a: by a permit issued for the purposes of section 16(1)
b: by a permit issued under section 35 to possess that pistol or restricted weapon.
2: It is a defence to a prosecution for an offence against subsection (1)
a: the defendant proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol or restricted weapon ( A subsection (1)(a) or (b)
b: the defendant proves, in the case of a prosecution relating to the sale or supply of a pistol,—
i: that the pistol was supplied to A for use—
A: on a range of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29; and
B: under the immediate supervision of another person ( B
ii: that, at all times while A was in possession of the pistol, A was—
A: on a range of the kind described in subparagraph (i)(A)
B: under the immediate supervision of B.
44AA: Unlawful sale or supply of pistol carbine conversion kit
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or to a fine not exceeding $30,000, if the person sells or supplies a pistol carbine conversion kit to any person other than a person who is authorised—
a: by a permit issued under section 18AA section 16(1)(d)
b: by a permit issued under section 35AAA
2: It is a defence to a prosecution for an offence against subsection (1) subsection (1)(a) or (b)
3: It is also a defence to a prosecution for an offence against subsection (1)
a: that the pistol carbine conversion kit was supplied to a person ( A
i: on a certified pistol range; and
ii: under the immediate supervision of another person ( B
b: that, at all times while A was in possession of the pistol carbine conversion kit, A was—
i: on a certified pistol range; and
ii: under the immediate supervision of B.
73: Section 44A amended (Offence to sell or supply prohibited firearm or prohibited magazine)
In section 44A
2: It is not an offence against this section to sell or supply a semi-automatic pistol to a person in the person’s capacity referred to in section 29(2)(b), (c), (d), or (e), if that person has been issued with—
a: a permit, under section 18
b: a permit, under section 35, to possess a pistol.
74: Section 46 replaced (Carrying of imitation firearm, except for lawful, proper, and sufficient purpose)
Replace section 46
46: Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $4,000, if the person, except for some lawful, proper, and sufficient purpose, carries an imitation firearm.
2: In any prosecution for an offence against subsection (1)
75: Section 48 replaced (Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place)
Replace section 48
48: Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, discharges a firearm, airgun, pistol, or restricted weapon in or near a dwellinghouse or a public place so as to—
a: endanger property; or
b: endanger, annoy, or frighten any person.
76: New section 50AA inserted (Unlawful possession of pistol carbine conversion kit)
After section 50
50AA: Unlawful possession of pistol carbine conversion kit
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000, or both, if the person—
a: is in possession of a pistol carbine conversion kit; and
b: is not a person authorised or permitted, expressly or by implication, by or under this Act to be in possession of that pistol carbine conversion kit.
2: In any prosecution for an offence against subsection (1)
3: It is a defence to a prosecution for an offence against subsection (1)
a: on a certified range; and
b: under the immediate supervision of another person who holds a firearms licence bearing an endorsement made under section 30 permitting them to possess a pistol.
77: New section 50CA inserted (Unlawful possession of prohibited ammunition)
After section 50C
50CA: Unlawful possession of prohibited ammunition
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years if the person—
a: is in possession of prohibited ammunition; and
b: is not authorised or permitted expressly by or pursuant to this Act to be in possession of the prohibited ammunition.
78: Section 50D amended (Unlawfully carrying or possessing prohibited firearm in public place)
In section 50D 7 years 5 years
79: Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
In section 52(1) and (2) 3 months or to a fine not exceeding $1,000 or to both 6 months, or to a fine not exceeding $10,000,
80: Section 53A amended (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
In section 53A(2) 7 years 5 years
81: Section 54 amended (Use or attempted use of firearm, etc, to resist or prevent arrest or commit offence)
1: In the heading to section 54 firearm airgun
2: In section 54(1) restricted weapon airgun,
82: Section 55B amended (Offence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc)
1: In the heading to section 55B firearm prohibited firearm
2: In section 55B 3 months 6 months
3: In section 55B $1,000 $10,000
4: In section 55B fails fails without reasonable excuse
83: New sections 55C to 55I inserted
After section 55B
55C: Offence of failing to produce firearm other than pistol, restricted weapon, or prohibited firearm on demand or to permit inspection of firearm
A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, fails to—
a: produce a firearm (other than a pistol, restricted weapon, or prohibited firearm) in their possession to a member of the Police on demand; or
b: permit a member of the Police to inspect a firearm (other than a pistol, restricted weapon, or prohibited firearm) or the place where it is kept, or to enter that place.
55D: Offences relating to illegal manufacturing of certain arms items
1: A person commits an offence if the person—
a: intentionally manufactures or assembles a firearm or restricted weapon using parts that have been illegally manufactured, imported, or trafficked; or
b: intentionally enters into a contract or an arrangement, or arrives at an understanding, to manufacture or assemble a firearm or restricted weapon using parts that have been illegally manufactured, imported, or trafficked; or
c: does not hold a dealer’s licence, but intentionally manufactures for sale, transfer, rental, or other supply—
i: a firearm, pistol, prohibited firearm, or restricted weapon; or
ii: a part of a firearm, pistol, prohibited firearm, or restricted weapon; or
iii: a pistol carbine conversion kit; or
d: does not hold a dealer’s licence, but intentionally enters into a contract or an arrangement, or arrives at an understanding, to manufacture for sale, transfer, rental, or other supply—
i: a firearm, pistol, prohibited firearm, or restricted weapon; or
ii: a part of a firearm, pistol, prohibited firearm, or restricted weapon; or
iii: a pistol carbine conversion kit; or
e: intentionally fails to mark a firearm, part of a firearm, or pistol carbine conversion kit manufactured by the person in accordance with this Act or regulations made under section 74.
2: A person who commits an offence against subsection (1)
3: For the purposes of this section, anything that purports to be, or is intended to have the effect of, a contract, an arrangement, or an understanding must be treated as a contract, an arrangement, or an understanding (as the case may be).
55E: Offences relating to illegal trafficking of firearms, parts, or ammunition
1: A person commits an offence if the person intentionally—
a: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, into New Zealand without lawful authority, or if the item is not marked in accordance with this Act and regulations made under section 74, whether or not the person intends to export the item from New Zealand; or
b: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, from New Zealand to another country, without lawful authority, or if the item is not marked in accordance with this Act and regulations made under section 74; or
c: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, through or across New Zealand to another country without lawful authority; or
d: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, into another country from or through New Zealand without lawful authority.
2: A person commits an offence if the person intentionally enters into a contract or an arrangement, or arrives at an understanding, to do anything described in subsection (1)(a) to (d)
3: A person who commits an offence against subsection (1) or (2)
4: For the purposes of this section, anything that purports to be, or is intended to have the effect of, a contract, an arrangement, or an understanding must be treated as a contract, an arrangement, or an understanding (as the case may be).
5: Any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, that is imported within the meaning of the Customs and Excise Act 2018 and that arrives in New Zealand in any manner in contravention of this section, must be treated, on importation, as a prohibited good for the purposes of the Customs and Excise Act 2018, except sections 388 and 389 of that Act.
55F: Offences relating to falsifying firearm markings
1: A person commits an offence if the person intentionally—
a: marks a complete firearm, or a complete but unassembled firearm, with any false identifying markings at the time of manufacture; or
b: marks an imported firearm with any false identifying markings.
2: A person who commits an offence against subsection (1)
55G: Offences relating to removing or altering firearm markings
1: A person commits an offence if the person, without reasonable excuse, obliterates, removes, or alters a marking on a firearm or part.
2: A person who commits an offence against subsection (1)
3: If any mark is removed for a lawful and proper purpose, the firearm or part must be re-marked in accordance with the marking requirements of this Act and regulations made under section 74.
55H: Extraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G
1: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against section 55D, 55E, 55F, or 55G
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: has been found in New Zealand and has not been extradited; or
iv: is an entity incorporated or registered under the law of New Zealand; or
b: if any of the acts or omissions are alleged to have occurred on board—
i: a ship registered, or required to be registered, under the Ship Registration Act 1992; or
ii: a ship used as a ship of the New Zealand Defence Force; or
iii: an aircraft registered, or required to be registered, in New Zealand under the Civil Aviation Act 1990; or
iv: an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or
v: an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand.
2: The following sections do not apply to an offence against section 55D, 55E, 55F, or 55G
a: section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):
b: section 400 of the Crimes Act 1961 (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft).
3: Nothing in this section limits—
a: the application of section 55D, 55E, 55F, or 55G
b: the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—
i: an act or omission forming part of an offence; or
ii: an event necessary to the completion of an offence; or
c: the application of section 8A of the Crimes Act 1961.
55I: Attorney-General’s consent required
1: No charging document may be filed against any person in relation to an offence against section 55D, 55E, 55F, or 55G
2: A person alleged to have committed an offence against section 55D, 55E, 55F, or 55G subsection (1)
84: New section 58A inserted (Offences relating to registry)
After section 58
58A: Offences relating to registry
1: A person commits an offence who, without reasonable excuse, fails to provide information to the Police in accordance with section 95
2: A person who commits an offence against subsection (1)
3: A person commits an offence if the person intentionally fails to provide information to the Police in accordance with section 95
4: A person commits an offence if the person provides information to the Police for inclusion in the registry, knowing the information to be false or misleading in a material respect.
5: A person who commits an offence against subsection (3) or (4)
85: Section 59 amended (Unsafe firearms or pistols)
Replace section 59(4)
4: An owner of a firearm or pistol commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the owner, without reasonable excuse, fails to comply with a notice given to them under subsection (2) in respect of that firearm or pistol.
86: New Part 9 heading inserted
After section 59
9: Miscellaneous provisions
87: Section 59A replaced (Surrender by licensed dealer of firearms, etc)
Replace section 59A
59A: Surrender by licensed dealer of firearms, etc
1: A licensed dealer does not contravene section 10 if, on obtaining possession of any of the following items from any person, the licensed dealer surrenders the item within 5 working days to the nearest Police station for inspection and inquiries:
a: a pistol:
b: a pistol carbine conversion kit:
c: a restricted weapon:
d: a prohibited item.
2: A licensed dealer does not contravene section 12 if the licensed dealer does not record the particulars of any of the following items that is received by that dealer and, within 5 working days, surrenders the item to the nearest Police station for inspection and inquiries:
a: a firearm:
b: an airgun:
c: a pistol:
d: a pistol carbine conversion kit:
e: a prohibited item:
f: a restricted weapon.
88: Section 59B replaced (Voluntary delivery to Police of firearms, etc)
Replace section 59B
59B: Voluntary delivery to Police of firearms, etc
1: If any arms item or ammunition is delivered to the Police by a person who is not authorised to be in possession of the item or ammunition, it is affirmed that the Police have the discretion not to prosecute in any case where—
a: the offence is considered to be one of possession only; and
b: there is no public interest in proceeding with the prosecution.
2: See also 2
89: New sections 60 to 60C inserted
After section 59B
60: Improvement notices
1: This section applies if a member of the Police reasonably believes that a person with a firearms or dealer’s licence or an ammunition seller is failing, has failed, or is likely to fail to comply with—
a: 1 or more applicable provisions of this Act or regulations made under this Act; or
b: any conditions on a licence, an endorsement, or a permit.
2: The member of the Police may issue an improvement notice that—
a: states the applicable provision or provisions, or condition or conditions, that the member of the Police reasonably believes the person is failing, has failed, or is likely to fail to comply with; and
b: requires the person to remedy the failure or prevent a failure from occurring; and
c: states the date by which the person is required to remedy the failure or prevent a failure from occurring.
3: An improvement notice must be in writing and be sent to the person by post or electronic means to their last known address.
4: The member of the Police may extend the time within which the person is required to remedy the failure or prevent a failure from occurring.
5: A person issued with an improvement notice must comply with the notice within the time specified in the notice (or within any extended time allowed by the member of the Police). See sections 60A and 60B
60A: Temporary suspension of licence pending possible revocation
1: A member of the Police may, by notice in writing to the holder of a firearms or dealer’s licence, temporarily suspend the licence if satisfied that 1 or more of the following apply:
a: the holder is not a fit and proper person to be in possession of any firearm or airgun, which includes a case where—
i: the holder has failed or refused to secure any arms items or ammunition in the person’s possession in accordance with regulations made under this Act; or
ii: the holder has failed to comply with any conditions imposed on their licence; or
iii: the holder has failed to comply with an improvement notice issued under section 60
iv: the member of the Police is so satisfied on the basis of a notice given under section 92
v: the licence has been seized under section 18 of the Search and Surveillance Act 2012:
b: the holder, being the holder of a dealer’s licence, is not a fit and proper person to hold a dealer’s licence:
c: access to any firearm or airgun in the possession of the holder is reasonably likely to be obtained by—
i: a person whose application for a firearms licence has been refused; or
ii: a person whose firearms licence has been revoked; or
iii: a person who, in the opinion of a member of the Police, is not a fit and proper person to be in possession of a firearm or an airgun or ammunition; or
iv: a person, other than the holder, whose firearms licence has been temporarily suspended.
2: A notice of temporary suspension of a licence must state—
a: the ground on which the notice is given; and
b: the licence that the notice applies to; and
c: that if the person also holds a dealer’s licence, their dealer’s licence will also be suspended while that firearms licence is suspended; and
d: the date on which the suspension begins; and
e: that the suspension is to enable the Police to consider revoking the licence on that ground; and
f: that the holder may, at any time before a day stated in the notice, make oral or written submissions on whether the licence should be revoked on that ground; and
g: that the suspension lasts until notice of the decision as to whether to revoke the licence is given to the holder but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period; and
h: that the effect of the notice is that the holder is treated as not holding the licence for the purposes of this Act until a final determination on revocation of the licence is made ( see sections 60B and 60C
i: that the holder may commit an offence if the holder carries on any activities that require the holder to be licensed under this Act; and
j: that the holder may be required immediately or before a date specified by a member of the Police to surrender to Police the holder’s licence and the arms items and ammunition in the holder’s possession.
3: The day stated under subsection (2)(f)
60B: Effect of temporary suspension of firearms licence
1: During the period that a firearms licence is suspended, this Act applies as if the firearms licence holder were not licensed to possess any arms item or ammunition under the licence or any endorsement on it.
2: At any time during the period that a firearms licence is suspended, a member of the Police may require the firearms licence holder (orally or in writing) to immediately surrender to a member of the Police—
a: their firearms licence; and
b: every arms item in their possession or under their control; and
c: all ammunition in their possession or under their control.
3: If a firearms licence holder fails to comply with a requirement under subsection (2)(b) or (c)
4: If a person’s firearms licence is temporarily suspended and the person holds a dealer’s licence,—
a: the holder’s dealer’s licence is suspended while their firearms licence remains suspended; and
b: section 60C
60C: Effect of temporary suspension of dealer’s licence
1: During the period that the dealer’s licence is suspended,—
a: this Act applies as if the dealer were not authorised to carry on any dealer activity; and
b: an employee of the dealer may not carry on or assist with the carrying on of any dealer activity on behalf of the dealer.
2: At any time during the period that a dealer’s licence is suspended, a member of the Police may require the dealer (orally or in writing) to immediately surrender to a member of the Police—
a: their dealer’s licence; and
b: every arms item in their possession or under their control; and
c: all ammunition in their possession or under their control.
3: If a dealer fails to comply with a requirement under subsection (2)(b) or (c)
90: Section 62 replaced (Right of appeal from official decisions)
Replace section 62
62: Right of review of official decisions
1: This section applies to a decision to refuse an application for, or to revoke, a firearms licence.
2: A person who is the subject of a decision to which this section applies may apply in the prescribed manner to the Commissioner for a review of the decision.
3: An application must state—
a: the decision that the applicant wishes to be reviewed; and
b: the reasons why the applicant thinks the decision should be reviewed; and
c: the outcome the applicant is seeking.
4: An application must, subject to subsection (5)
5: The Commissioner may accept a late application no later than 28 days after the closing date in subsection (4)
62A: How review to be conducted
1: The Commissioner must delegate under section 72 the responsibility for reviewing a decision to which section 62
2: The reviewer must review the decision on the papers within 28 days after the date on which the application for review was lodged.
3: The Commissioner must give the applicant a written or an electronic notice of the reviewer’s decision, and that decision has effect according to its terms.
4: The original decision remains in force until the reviewer’s decision is notified to the applicant.
62B: Right of appeal to District Court
1: A person who is the subject of a decision referred to in paragraph (a) or (b) paragraph (c)
a: a decision to refuse an application for any of the following:
i: a dealer’s licence:
ii: consent under section 7A:
iii: a permit for the purposes of section 16(1)
iv: a firearms licence:
v: an endorsement under section 30, 30B, or 36:
vi: a permit under section 35 to possess a pistol or restricted weapon:
vii: a permit under section 35AAA
viii: a permit under section 35A to possess a prohibited item:
ix: a certificate of approval for a shooting club under section 38G
x: certification of a shooting range under section 38P
b: a decision to issue subject to conditions imposed by a member of the Police, or to revoke, any of the following:
i: a dealer’s licence:
ii: a permit for the purposes of section 16(1)
iii: a firearms licence:
iv: an endorsement under section 30, 30B, or 36:
v: a permit under section 35 to possess a pistol or restricted weapon:
vi: a permit under section 35AAA
vii: a permit under section 35A to possess a prohibited item:
viii: a certificate of approval for a shooting club under section 38G
ix: certification of a shooting range under section 38P
c: a person who has been served with a notice under section 59 or 66C
2: However, in the case of a decision to which section 62
a: first applied under section 62
b: been notified of the reviewer’s decision.
3: On hearing an appeal under subsection (1) subsection (5)
4: Subsection (5)
a: an application for a firearms licence has been refused on the ground set out in section 24(2); or
b: a firearms licence has been revoked on the ground set out in section 27(2).
5: If this subsection applies, the District Court Judge may, even though the Judge finds that ground established, vary or reverse the decision appealed against if satisfied that, since the decision was given, adequate measures have been taken to deny access to the firearm to the person whose likelihood of access to it was the basis of the refusal or revocation.
62C: Further provisions relating to appeals
1: Despite the fact that any appeal under section 62B
2: The decision of the District Court Judge on any appeal under section 62B subsection (1)
3: No person is excused from complying with any of the provisions of this Act on the ground that—
a: the person has applied for a review under section 62
b: the person has appealed under section 62B
91: Section 63 amended (Appeal to District Court Judge in respect of compensation)
In section 63 pistol, pistol carbine conversion kit,
92: Section 64 amended (Appeal on a question of law)
In section 64(1) section 62 section 62B
93: Section 65 amended (Restoration of articles seized)
In section 65 pistol, pistol carbine conversion kit,
94: Cross-heading above section 65I replaced
Replace the cross-heading above section 65I Other miscellaneous provisions
95: New sections 66A to 66D inserted
After section 66
66A: Loss, theft, or destruction of firearm, etc
1: This section applies if—
a: a firearm, prohibited magazine, prohibited part, or restricted weapon is lost, stolen, or destroyed; or
b: a non-prohibited part or non-prohibited magazine that is required to be recorded in the registry is lost, stolen, or destroyed.
2: The owner of the firearm, magazine, part, or restricted weapon must—
a: immediately notify a member of the Police of the loss, theft, or destruction; and
b: give all information in their possession relating to the loss, theft, or destruction to the member of the Police.
3: A notification under subsection (2)
4: Every person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (2)
66B: Person in possession of firearm, etc, must give identifying information to Police
1: A person in possession of any arms item or ammunition must, on demand, give their full name, address, and date of birth to any member of the Police who is in uniform or who produces evidence that they are a member of the Police.
2: If any person refuses to give their name, address, or date of birth, or gives false particulars about their name, address, or date of birth, a constable—
a: may caution that person; and
b: if that person persists in the refusal or fails or continues to refuse to give the correct particulars, may arrest the person without warrant.
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, in response to a demand under subsection (1) or (2)
a: without reasonable excuse, refuses to give their name, address, or date of birth; or
b: willingly gives false particulars about their name, address, or date of birth.
66C: Powers of Police to require surrender of airguns or antique firearms
1: If any person who is not the holder of a firearms licence or a dealer’s licence is in possession of an airgun or antique firearm, a commissioned officer of Police may, by notice in writing served on that person, require that person to surrender the airgun or antique firearm to a member of the Police, if that officer is of the opinion that that person is not a fit and proper person to be in possession of the airgun or antique firearm.
2: If any person is served with a notice under subsection (1) section 28(4) to (7)
3: Any person required under this section to surrender an airgun or antique firearm may appeal under section 62B
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, fails to comply with a notice given to them under subsection (1)
66D: Obligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc
1: If a craft arriving from a foreign country is, at any time, temporarily berthed, moored, or anchored in any harbour or territorial waters of New Zealand, and has on board any arms items that are not being off-loaded, the owner or operator of the craft must—
a: include details of all arms items on board the craft—
i: in an advance notice of arrival that is required to be provided to the New Zealand Customs Service by section 12 of the Customs and Excise Act 2018; or
ii: in an inward report that is required to be provided to the New Zealand Customs Service by section 24 of the Customs and Excise Act 2018; and
b: comply with any directions given by the New Zealand Customs Service or a member of the Police relating to the secure storage of those arms items, which may include a direction that the arms items be temporarily surrendered to a member of the Police or a Customs officer.
2: If the owner or operator of a craft does not comply with any direction given under subsection (1)(b)
a: board the craft; and
b: seize and detain the arms items; and
c: in effecting the seizure and detention of the arms items, use any reasonably necessary force.
3: In this section,— arms items craft operator owner
96: Section 69 replaced (Forfeitures)
Replace section 69
69: Forfeitures
1: If a person is convicted of an offence of using, carrying, or being in possession of any specified item, the convicting court must, as part of the sentencing, order that the specified item be forfeited to the Crown.
2: However, subsection (1)
3: Any specified item ordered under subsection (1)
a: is forfeited to the Crown accordingly; and
b: may be disposed of in any manner that the Commissioner directs.
4: In this section, specified item
97: Section 70 amended (Authorising disposal of firearms, etc, detained by Police)
In section 70(1) and (2) prohibited part, pistol carbine conversion kit,
98: Section 72A amended (Service of documents)
After section 72A(1)(c)
d: made available to that person electronically through the registry, so long as an email is sent to an address supplied by the person to tell them that the notice or other document has been made available and the person has agreed to receive notices or documents in that way.
99: Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)
In section 73(1)(a) and (b) a prohibited magazine, a prohibited part a magazine, a part, a pistol carbine conversion kit
100: Section 74 amended (Regulations)
1: In section 74(1)(b) licences, certificates of approval, certifications,
2: After section 74(1)(ba)
bb: providing criteria, not inconsistent with this Act, for finding that a person is not a fit and proper person to be in possession of a firearm or an airgun:
bc: providing criteria, not inconsistent with this Act, for finding that a person is a fit and proper person to be in possession of a firearm or an airgun:
3: In section 74(1)(e) licences, certificates of approval, certifications,
4: After section 74(1)(e)
ea: extending the expiry date of licences and endorsements in the event of a pandemic, an epidemic, or an emergency being declared under the Civil Defence Emergency Management Act 2002:
5: Repeal section 74(1)(f) and (2)
6: After section 74(1)(g)
ga: prescribing the details that persons carrying on business are required under section 22E
gb: prescribing the particulars that are required to be included in annual reports of shooting clubs, including (but not limited to) finances, storage, safety, discipline, training, competitions, office holders, membership, participating non-members, attendance, and ratios of members who are licence holders, endorsement holders, or trained range officers to those who are not:
gc: prescribing the information and documents required to support an application under section 38D
gd: prescribing the information and documents required to support an application under section 38M
7: In section 74(1)(i) and (j) restricted weapons, pistol carbine conversion kits,
8: After section 74(1)(i)
ia: making provision for the security of any premises at which an ammunition seller carries on business and prescribing precautions to be taken to prevent the theft or misuse of ammunition in the possession of ammunition sellers:
9: After section 74(1)(j)
ja: providing for 1 or more of the following in relation to the sale or hiring of any arms item and ammunition:
i: material that must be included in any advertising, promotion, or display of any arms item and ammunition:
ii: advice that must be provided about legal conditions and requirements that apply to the purchase, possession, and use of arms items and ammunition (such as the legal age of purchase, licence or endorsement requirements, safe handling, transport, and storage):
iii: different requirements for different types of sale or hire activities carried out by dealers:
jb: providing for 1 or more of the following in relation to notices given by health practitioners for the purposes of section 92
i: the information that the Police must provide to a licence holder when notifying the holder that a report has been received from a health practitioner:
ii: the period within which a licence holder must undergo a further assessment or surrender their licence, for the purposes of section 92(3)
iii: the kinds or classes of health practitioners who may make a further assessment under section 92
iv: the responsibilities of a health practitioner who makes a further assessment:
10: Replace section 74(1)(l)
l: making provisions that relate to any marking required for any firearms, magazines, and parts with identifying markings:
11: In section 74(1)(lb) section 4A(1)(f) to (i) section 4A(1)(f) to (j)
12: In section 74(1)(lc) section 4A(1)(i) section 4A(1)(i) and (j)
13: After section 74(1)(p)
pa: providing for any matters necessary or desirable for the efficient operation of the registry, including provisions that—
i: require licence holders or other persons to provide specified information to the Police for inclusion in the registry and specify the circumstances in which the requirement applies:
ii: specify the manner or form in which information is required to be provided to the Police for inclusion in the registry:
iii: impose additional requirements to be met for the purposes of the registry by persons described in section 4A who apply for—
A: consent to conduct business at a gun show under section 7A; or
B: a permit to import under section 18
C: an endorsement under section 30B to possess a prohibited firearm; or
D: a permit to possess under section 35A:
iv: impose different requirements for different kinds of licences, conditions, or endorsements:
pb: without limiting paragraph (pa)(i) paragraph (l)
pc: requiring specified particulars to be recorded in the registry for the purpose of section 94(1)(f)
14: In section 74(1)(r) $400 $2,000
15: After section 74(1)(ra)
rb: providing for matters not inconsistent with this Act that relate to the operation of the advisory group appointed under section 88
i: state the quorum necessary for the transaction of the group’s business:
ii: require members to disclose any direct or indirect interest in a matter on which the group is providing advice:
iii: prohibit members from disclosing any information provided to them in confidence in their capacity as members of the group:
iv: enable the appointment of subcommittees:
rc: providing for matters not inconsistent with this Act that relate to the operation of the review process under section 62 section 62
rd: without limiting any class of persons who are authorised to do so under section 3, providing for other persons to be authorised to carry or possess firearms, airguns, pistols, prohibited magazines, prohibited parts, restricted weapons, pistol carbine conversion kits, ammunition, or explosives belonging to the Crown:
re: providing that any requirements mentioned in section 3(5)(a) to (d)
16: After section 74(2)
3: Regulations under subsection (1)(pa)
4: Subject to subsection (3)
5: No regulations made under subsection (1)(ja) Gazette
101: Section 74A amended (Order in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition)
1: Replace section 74A(a)
a: amend the description in section 2A
2: Replace section 74A(c)
c: declare any semi-automatic firearm (except a small semi-automatic pistol) or pump-action firearm of a stated name or description to be a prohibited firearm for the purposes of this Act:
102: Section 74C amended (Regulations providing for transitional matters)
In the heading to section 74C matters relating to Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
103: New section 74D inserted (Regulations providing for transitional matters relating to Arms Legislation Act 2020)
After section 74C
74D: Regulations providing for transitional matters relating to Arms Legislation Act 2020
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Police, make regulations—
a: providing transitional and savings provisions concerning the coming into force of the amendment Act that may be in addition to, or in substitution for, the transitional and savings provisions in Part 2 of Schedule 1
b: providing that (subject to any conditions specified in the regulations), during a specified transitional period,—
i: specified provisions of this Act (including definitions or transitional and savings provisions) do not apply (or apply with modifications or additions):
ii: specified provisions repealed, revoked, or amended by the amendment Act continue to apply (or continue to apply with modifications or additions):
iii: specified terms have the meanings given to them by regulations:
iv: conditions for the possession and use of a specified item apply during the amnesty period:
c: providing for any other matters necessary for facilitating or ensuring an orderly transition from the legislative regime that applies under this Act before the amendment Act comes fully into force to the legislative regime that applies when the amendment Act comes fully into force.
2: On the close of 31 December 2025,—
a: this section is repealed; and
b: any regulations made under it are revoked.
3: In this section,— amendment Act 2020 amnesty period clause 8 of Schedule 1 specified item clause 8 of Schedule 1
104: New sections 79 to 96 and cross-headings inserted
After section 78 Cost recovery
79: Purpose of sections 80 to 86
The purpose of sections 80 to 86 2008 No 72 s 79A
80: Activities that may be subject to cost recovery
1: The Minister of Police may recommend the making of a regulation under section 86
2: The activities for which fees or charges may be imposed under section 86
a: include—
i: processing an application for a firearms or dealer’s licence, including assessing whether the applicant is a fit and proper person:
ii: providing training and testing services in relation to obtaining a firearms licence:
iii: issuing any licence under this Act:
iv: processing any application for an endorsement, a permit to possess, or permit to import:
v: issuing any endorsement, a permit to possess, or permit to import:
vi: undertaking inspections and compliance checks, including checks relating to any licence, endorsement, permit, certification, conditions, or improvement notices:
vii: providing testing of samples in relation to firearms, firearm parts, restricted weapons, parts of restricted weapons, magazines, pistol carbine conversion kits, air pistol carbine conversion kits, blank-firing guns, or ammunition:
viii: processing any application for approval or certification of a club or range:
ix: approving the manufacture for sale of arms items:
b: do not include—
i: the response of the Police to calls relating to potential offending; or
ii: the conduct of criminal investigations; or
iii: the prosecution of criminal offences. 2008 No 72 s 79B
81: Criteria for cost recovery
The Minister of Police may recommend that regulations be made under section 86
a: subject to the provisions of section 86
b: the fee or charge for the activity or class of activities to which the fee or charge relates is generally obtained from the users or beneficiaries of the service or class of services to which the activity relates at a level commensurate, as far as practicable, with their use of the service; and
c: the costs of the activity to which the fee or charge relates are efficiently incurred; and
d: the relationship between the costs of the activity to which the fee or charge relates and the nature and duration of the activity is clear. 2008 No 72 s 79C
82: Consultation
1: The Minister of Police may recommend that regulations be made under section 86
2: The process for consultation must, to the extent practicable in the circumstances, include—
a: the giving of appropriate notice of the intention to make the regulation and of the contents of the proposed regulation; and
b: a reasonable opportunity for interested persons to make submissions; and
c: the adequate and appropriate consideration of those submissions.
3: A failure to comply with this section does not affect the validity of any regulations made under section 86 2008 No 72 s 79D
83: Methods of cost recovery
1: Regulations for the recovery of costs may provide for the following:
a: fixed fees or charges:
b: fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:
c: the recovery by way of a fee or charge of estimated actual and reasonable costs expended in, or associated with, the performance of an activity:
d: fees or charges based on costs incurred from charges by third parties:
e: any combination of the above.
2: Without limiting the way in which a fee or charge may be set, a fee or charge may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs:
b: takes into account costs or potential costs of activities that are not services to be provided directly to the person who pays the fee or charge, but are an indirect or potential cost arising from the undertaking of the activity in question in relation to a class of persons or all persons who use the service or class of services to which the activity relates:
c: takes into account indirect costs, which include the costs and potential costs of support, maintenance, and development associated with provision of the activity. 2008 No 72 s 79E
84: Payment of fee or charge
1: A fee or charge prescribed by regulations made under section 86
2: All fees and charges prescribed by regulations made under section 86 2008 No 72 s 79F
85: Exemptions, waivers, and refunds
1: Regulations made under section 86
2: Regulations made under section 86 2008 No 72 s 79G
86: Regulations relating to cost recovery
The Governor-General may, by Order in Council on the recommendation of the Minister of Police made after consultation in accordance with section 82
a: make regulations prescribing fees or charges for specified activities in accordance with sections 79 to 83
b: make regulations for the purposes of section 84
c: make regulations for the purposes of section 85 2008 No 72 s 102A Guidance notices
87: Guidance notices
1: The Commissioner may issue notices that provide guidance or details of an administrative nature that relate to 1 or more of the following:
a: the requirements of regulations made under section 74(1)(i) that relate to the security of licensed dealer premises:
b: the requirements of regulations made under section 74(1)(j) that relate to the security of premises where firearms are kept:
c: the issuing of identifying markings for firearms and magazines manufactured in or imported into New Zealand:
d: the approval of any shooting club or certification of any shooting range:
e: how to demonstrate the positive behaviours, skills, and knowledge that are expected of a fit and proper person:
f: how to manage specific situations where non-licensed persons come into possession of a firearm:
g: matters that health practitioners consider when determining whether to notify the Police under section 92
h: generally, about any aspect of the Act or regulations made under this Act where the Commissioner thinks further guidance or detail is useful.
2: The Commissioner must consult the Arms Advisory Group, and may consult any other person or organisation that the Commissioner thinks appropriate, before issuing any notice.
3: The Commissioner must—
a: publish the notice in the Gazette
b: notify in the Gazette
4: A notice issued under this section is neither a disallowable instrument nor a legislative instrument for the purposes of the Legislation Act 2012. Arms Advisory Group
88: Arms Advisory Group
1: The Minister of Police must establish an Arms Advisory Group (the advisory group
2: The purpose of the advisory group is to advise the Minister on matters that contribute to achieving the objectives of this Act, in particular, the safe use and control of firearms.
3: The advisory group may provide advice on any matter relating to firearms in New Zealand, including legislative proposals, policies for regulating New Zealand’s firearms regime, and the promotion of firearms safety.
89: Operations of advisory group
1: The members of the advisory group must appoint a deputy chairperson from among their number at their first meeting.
2: The advisory group may determine its own procedure, subject to compliance with any relevant provisions of this Act and regulations made under this Act.
3: The advisory group must, as soon as practicable after the end of each financial year, provide the Minister of Police with an annual report of its proceedings and operations during that year.
4: The Commissioner must provide the resources and administrative support necessary to enable the advisory group to perform its functions.
5: The members of the advisory group are immune from liability in civil proceedings for good-faith actions or omissions in pursuance, or intended pursuance, of the duties, functions, or powers of the group.
90: Provisions relating to appointment of members of advisory group
1: The membership of the advisory group must comprise a balance of people from both the firearm-owning and the non-firearm-owning community, including people who are concerned about the mitigation of harm from firearms from a health perspective.
2: In appointing any member of the advisory group, the Minister of Police must have regard to the need for the advisory group to possess knowledge and experience in some or all of the following areas:
a: New Zealand and international firearms regulatory systems:
b: public health and safety, particularly as it relates to firearms:
c: firearms research:
d: firearms safety and the use of firearms:
e: membership of any community organisation or group involved in firearms awareness, safety, or law reform:
f: any other matters the Minister considers relevant.
3: A member may be appointed for a term of up to 3 years as specified in the notice of appointment and be reappointed in the same manner.
4: The Minister of Police must, by notice in the Gazette
5: A member is entitled to be—
a: paid remuneration at a rate and of a kind determined in accordance with the fees framework; and
b: reimbursed for actual and reasonable travelling and other expenses in accordance with the fees framework.
6: In this section, fees framework
91: Removal of members of advisory group
1: The Minister of Police may, if satisfied that there is just cause to do so, remove from office any member of the advisory group.
2: The removal must be made by written notice to the member.
3: The notice must state—
a: the day on which the removal takes effect, which must not be earlier than the day on which the notice is received; and
b: the reasons for the removal.
4: For the purposes of subsection (1) just cause Medical assessments
92: Health practitioners may give Police medical reports of persons unfit to use firearm
1: This section applies if a health practitioner who has attended or been consulted in respect of a person who the practitioner knows or has reason to believe is a firearms licence holder considers that the health condition of the licence holder is such that, in the interests of the safety of individuals or the public, the licence holder—
a: should not be permitted to use or possess a firearm; or
b: should only be permitted to use or possess a firearm subject to any limitations that may be warranted by the health condition of the licence holder.
2: If this section applies, the health practitioner must consider notifying the Police as soon as practicable—
a: of the opinion under subsection (1)
b: the grounds on which it is based; and
c: whether the practitioner believes the licence holder poses an immediate or imminent danger of self-harm or harm to others.
3: If the Police have been notified by a health practitioner under subsection (2)
a: undergo the further assessment; or
b: surrender their licence under section 27(1).
4: Regulations made under section 74(1)(jb) subsection (3)
5: A health practitioner is not liable to criminal, civil, or disciplinary proceedings by disclosing personal information in the course of performing any function or responsibility under this section, as long as the practitioner acts in good faith. Registration of firearms and dealings
93: Commissioner to keep registry
The Commissioner must keep and operate a registry for the purposes of this Act.
94: Content of registry
1: The following particulars must be recorded in the registry:
a: the number and date of expiry of every type of licence held by a person under this Act:
b: every licence holder’s full name, date of birth, and address:
c: every endorsement on a licence:
d: every condition on a licence or an endorsement that is additional to conditions imposed by this Act or regulations made under section 74:
e: the particulars of the make, model, and identifying markings of every firearm, restricted weapon, and prohibited magazine possessed by a licence holder, and of the location of the firearm, restricted weapon, and prohibited magazine, if the particulars are held by the Police:
f: every particular that regulations made under section 74 require to be recorded in the registry.
2: The registry may include—
a: photographs provided under section 34A; and
b: any other information that the Commissioner considers necessary or desirable—
i: to ensure that the registry is complete and accurate; or
ii: for the administration of this Act and regulations made under it; and
c: any other photographs that the Commissioner considers necessary or desirable.
95: Obligation to provide information to registry
1: This section applies to the following persons:
a: every holder of a firearms licence:
b: every holder of a dealer’s licence:
c: every other person who is or intends to be in possession of a firearm or other item regulated by or under this Act.
2: This section also applies to the following events in relation to any firearm or other item regulated by or under this Act:
a: its sale or supply, excluding a temporary transfer:
b: its purchase or receipt, excluding a temporary transfer:
c: its importation:
d: its exportation:
e: its manufacture:
f: its theft, loss, or destruction:
g: any other event specified for the purpose of this section in regulations made under section 74.
3: Every person to whom this section applies, and every person who has responsibilty in relation to any event to which this section applies, must provide the relevant details to the Police in accordance with the time and any other requirements prescribed by regulations made under section 74.
4: In this section, temporary transfer Review of operation of this Act
96: Review of this Act
1: The Minister of Police must—
a: review the operation of this Act when all of the provisions of the amendment Act, except sections 106 and 108
b: prepare a report on that review, including recommendations for amendments to this Act.
2: The review must include reviewing—
a: the operation of the registry; and
b: all offences and penalties in this Act; and
c: the impact of the amendment Act.
3: The review must be completed within 18 months after all of the provisions of the amendment Act, except sections 106 and 108
4: The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.
5: In this section, amendment Act 2020
105: New Part 2 of Schedule 1 inserted
In Schedule 1 Part 2 Schedule 1
2: Amendments to other enactments
1: Amendments to Extradition Act 1999
106: Amendments to Extradition Act 1999
1: This subpart amends the Extradition Act 1999
2: After section 101B(1)(a)
aa: every offence against any of sections 55C, 55D, 55E, and 55F
3: In section 101B(5) firearms protocol
4: In section 101B(5) foreign country (as the case may be) the firearms protocol, OIC Extradition Act 1999 See section 2(6)
2: Amendment to Intelligence and Security Act 2017
107: Amendment to Intelligence and Security Act 2017
1: This subpart amends the Intelligence and Security Act 2017
2: In Schedule 2 NZSIS Information about people and firearms collected in connection with the performance or exercise of a function, duty, or power under the Arms Act 1983, to be used for the purpose of assisting Police in determining whether a person is a fit and proper person to possess firearms or airguns New Zealand Police 2023-06-24 Intelligence and Security Act 2017 Can be brought into force earlier by OIC; see s 2(5)(e) & (8)
3: Amendment to Mutual Assistance in Criminal Matters Act 1992
108: Amendment to Mutual Assistance in Criminal Matters Act 1992
1: This subpart amends the Mutual Assistance in Criminal Matters Act 1992
2: In Schedule 1 The following table is small in size and has 3 columns. This table amends Schedule 1 of the Mutual Assistance in Criminal Matters Act 1992 and should be read with that table to provide understanding of the context. 33 Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 31 May 2001 An offence against any of the following sections of the Arms Act 1983: section subject matter 55D Offences relating to illegal manufacturing of firearms or parts 55E Offences relating to illegal trafficking of firearms, parts, or ammunition 55F Offences relating to falsifying firearm markings 55G Offences relating to removing or altering firearm markings OIC Mutual Assistance in Criminal Matters Act 1992 See section 2(6)
4: Consequential amendments
109: Consequential amendments to other enactments
Amend the enactments specified in Schedule 2 2020-06-25 Criminal Investigations (Bodily Samples) Act 1995 Search and Surveillance Act 2012 See section 2(1)(f) 2020-06-25 Arms Regulations 1992 Re rr 3(1A)(b), 6(1A)(b), 10(2)(b), 12(1), 12(1B), 13(1A)(a), 16(2)(b)(i) & (ii), 28E, 28F, 29A(a). See section 2(1)(g). 2020-12-24 District Court Rules 2014 Re rule 20.13(1)(d); see section 2(2)(f). 2021-06-24 Arms Regulations 1992 Health and Safety at Work (Hazardous Substances) Regulations 2017 Re r 7(7A)(b), (9), & (10) of Arms Regulations 1992; re r 9.2 of Health and Safety at Work (Hazardous Substances) Regulations 2017. See section 2(3)(d) & (e) 2022-06-24 Arms Regulations 1992 Re r 22(1)(a); see section 2(4)(d)