2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

airgun includes—

(a)

any air rifle; and

(b)

any air pistol; and

(c)

any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged

anti-personnel mine has the meaning given to it by section 3 of the Anti-Personnel Mines Prohibition Act 1998

antique firearm means—

(a)

any firearm that—

(i)

is held in the possession of any person solely as an antique (but not as a copy or replica of an antique); and

(ii)

is not designed for firing, and is not capable of firing, rimfire or centrefire cartridge ammunition; or

(b)

any firearm declared by regulations made under this Act to be an antique firearm for the purposes of this Act

arms office means any Police station or Police office appointed as such by the Commissioner

cluster munition has the meaning given to it by section 6 of the Cluster Munitions Prohibition Act 2009

Commissioner means the Commissioner of Police

explosive

(a)

means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and

(b)

without limiting paragraph (a), includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and

(c)

without limiting paragraph (a) or paragraph (b), includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and

(d)

does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996

firearm

(a)

means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and

(b)

includes—

(i)

anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and

(ii)

anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and

(iii)

anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and

(iv)

any specially dangerous airgun

firearms licence means a firearms licence issued under section 24

imitation firearm means anything that has the appearance of being a firearm capable of discharging any shot, bullet, missile, or other projectile, whether or not it is capable of discharging any shot, bullet, missile, or other projectile

kea gun means a single shot pistol that is chambered for a .410 inch shot cartridge

licensed dealer means a holder of a dealer’s licence issued under this Act

member of the Police means a Police employee within the meaning of section 4 of the Policing Act 2008

military style semi-automatic firearm means a firearm (other than a pistol) that is—

(a)

a semi-automatic firearm having 1 or more of the following features:

(i)

a folding or telescopic butt:

(ii)

a magazine designed to hold 0.22-inch rimfire cartridges that—

(A)

is capable of holding more than 15 cartridges; or

(B)

is detachable, and by its appearance indicates that it is capable of holding more than 15 cartridges:

(iii)

a magazine (other than one designed to hold 0.22-inch rimfire cartridges) that—

(A)

is capable of holding more than 7 cartridges; or

(B)

is detachable, and by its appearance indicates that it is capable of holding more than 10 cartridges:

(iv)

bayonet lugs:

(v)

a flash suppressor:

(vi)

a component of a kind defined or described by an order under section 74A as a pistol grip for the purposes of this definition; or

(b)

a semi-automatic firearm of a make and model declared by an order under section 74A to be a military style semi-automatic firearm for the purposes of this Act; or

(c)

a semi-automatic firearm of a description declared by an order under section 74A to be a military style semi-automatic firearm for the purposes of this Act; or

(d)

a semi-automatic firearm that has a feature of a kind defined or described in an order under section 74A as a feature of military style semi-automatic firearms for the purposes of this Act

part

(a)

in relation to a pistol, restricted weapon, or military style semi-automatic firearm, includes any thing, such as a butt, stock, magazine, silencer, or sight, which, while not essential for the discharge by a pistol, restricted weapon, or military style semi-automatic firearm of any shot, bullet, missile, or other projectile, is designed or intended to be an integral part of a pistol, restricted weapon, or military style semi-automatic firearm; and

(b)

in relation to any other firearm, means the action for that firearm

pistol means any firearm that is designed or adapted to be held and fired with 1 hand; and includes any firearm that is less than 762 millimetres in length

public place has the meaning given to it by section 2 of the Summary Offences Act 1981

restricted airgun means an airgun that,—

(a)

without any of the attachments with which it is customarily used, has the appearance of being a pistol, a restricted weapon, or a military style semi-automatic firearm; or

(b)

with some or all of the attachments with which it is customarily used, has the appearance of being a pistol, a restricted weapon, or a military style semi-automatic firearm; or

(c)

is designed for use in airsoft or paintball sports and,—

(i)

without any of the attachments with which it is customarily used, has the appearance of being a firearm capable of full automatic fire; or

(ii)

with some or all of the attachments with which it is customarily used, has the appearance of being a firearm capable of full automatic fire

restricted weapon means any weapon, whether a firearm or not, declared by the Governor-General, by Order in Council made under section 4, to be a restricted weapon

sale includes—

(a)

barter; and

(b)

offering or attempting to sell, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and to sell has a corresponding meaning

semi-automatic firearm means a firearm that (if it is loaded), with each pull of the trigger,—

(a)

fires a cartridge and ejects its case; and

(b)

(unless all cartridges loaded have been fired) chambers another cartridge

specially dangerous airgun means any airgun declared by the Governor-General, by Order in Council made under section 4, to be a specially dangerous airgun

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

(2)

For the purposes of the definition of restricted airgun in subsection (1), an airgun can have the appearance of a pistol, restricted weapon, military style semi-automatic firearm, or firearm capable of full automatic fire without having the appearance of any particular model of pistol, restricted weapon, military style semi-automatic firearm, or firearm capable of full automatic fire.

Compare: 1958 No 21 s 2; 1966 No 18 s 2; 1968 No 21 s 2(1); 1971 No 46 s 2; 1974 No 68 s 2; 1976 No 151 s 2; SR 1959/5 r 2; SR 1964/32 r 2; SR 1976/143 r 9(2)

Section 2(1) anti-personnel mine: inserted, on 9 December 1998, by section 28 of the Anti-Personnel Mines Prohibition Act 1998 (1998 No 111).

Section 2(1) antique firearm: substituted, on 1 November 1992, by section 2(1) of the Arms Amendment Act 1992 (1992 No 95).

Section 2(1) cluster munition: inserted, on 1 August 2010, by section 20(2) of the Cluster Munitions Prohibition Act 2009 (2009 No 68).

Section 2(1) explosive paragraph (d): substituted, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Section 2(1) member of the Police: substituted, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 2(1) military style semi-automatic firearm: replaced, on 11 December 2013, by section 4(1) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

Section 2(1) part: inserted, on 1 November 1992, by section 2(2) of the Arms Amendment Act 1992 (1992 No 95).

Section 2(1) restricted airgun: inserted, on 11 December 2013, by section 4(1) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

Section 2(1) semi-automatic firearm: inserted, on 11 December 2013, by section 4(1) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

Section 2(1) sporting configuration: repealed, on 11 December 2013, by section 4(1) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

Section 2(1) working day: added, on 1 November 1992, by section 2(3) of the Arms Amendment Act 1992 (1992 No 95).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(2): inserted, on 11 December 2013, by section 4(2) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).