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

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

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

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

arms item means an item of any of the following classes:

(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

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

Commissioner means the Commissioner of Police

Customs officer has the meaning given in section 5(1) of the Customs and Excise Act 2018

dealer activity means any activity of a kind specified in section 5(1)

exempt person means a person listed in section 4A(1) or described in section 4A(1A), (1B), or (1C)

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

health practitioner means a health practitioner registered with the Medical Council of New Zealand, a nurse practitioner registered with the Nursing Council of New Zealand, a psychologist registered with the New Zealand Psychologists Board, or a duly authorised officer under the Mental Health (Compulsory Assessment and Treatment) Act 1992

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

improvement notice means a notice issued under section 60

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

manufacture, in relation to an item, includes the assembly of that item

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

non-prohibited ammunition means ammunition that is not prohibited ammunition

non-prohibited firearm means a firearm that is not—

(a)

a prohibited firearm; or

(b)

a pistol; or

(c)

a restricted weapon

non-prohibited magazine means a magazine that is not a prohibited magazine

non-prohibited part means a part that is not a prohibited part

part, in relation to any firearm or restricted weapon,—

(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

pistol means a firearm (other than a prohibited firearm or restricted weapon) that is designed or adapted to be held and fired with 1 hand, and includes any firearm (other than a prohibited firearm or restricted weapon) that is less than 762 millimetres in length

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) that is also capable of being used as an air pistol carbine conversion kit

prohibited ammunition has the meaning given in section 2D

prohibited firearm has the meaning given in section 2A

prohibited item means a prohibited firearm, a prohibited magazine, a prohibited part, or any or all of those things, as the case requires

prohibited magazine has the meaning given in section 2B

prohibited part has the meaning given in section 2C

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

registry means the registry kept and operated under section 93

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, prohibited firearm, or restricted weapon; or

(b)

with some or all of the attachments with which it is customarily used, has the appearance of being a pistol, prohibited firearm, or restricted weapon; 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

semi-automatic pistol means a firearm that is designed or adapted to be held and fired with 1 hand, including any firearm that is less than 762 millimetres in length and that when loaded, with each pull of the trigger,—

(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, in relation to a body corporate, means a person who occupies a position that allows the person to exercise significant influence over the management or administration of the body corporate (for example, a chief executive)

shooting club has the meaning given in section 38A

small semi-automatic pistol means a semi-automatic pistol that—

(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

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

specified ammunition means ammunition of a type specified in the rules of the pistol target shooting disciplines that are administered by the national pistol target shooting controlling body known as Pistol New Zealand Incorporated and that are conducted on ranges approved by the Commissioner

theatrical armourer means a person who holds a firearms licence or dealer’s licence that bears a current endorsement under section 30(1)(c) or 30B(3) allowing them to possess, use, or supervise the use of any of the following items in making a broadcast or in theatrical, cinematic, television film, or video recording productions:

(a)

firearms:

(b)

prohibited magazines:

(c)

restricted weapons

visitor means a visitor to New Zealand who intends to be in New Zealand for less than 1 year

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, prohibited firearm, or firearm capable of full automatic fire without having the appearance of any particular model of pistol, restricted weapon, prohibited 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) air pistol carbine conversion kit: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) ammunition seller: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

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: replaced, on 25 June 2020, by section 6(2) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) arms item: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) arms office: repealed, on 25 June 2020, by section 6(3) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) blank-firing gun: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

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) Customs officer: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) dealer activity: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) exempt person: inserted, on 12 April 2019, by section 4(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) exempt person: amended, on 25 June 2020, by section 6(4) of the Arms Legislation Act 2020 (2020 No 23).

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) health practitioner: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) improvement notice: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) manufacture: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

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: repealed, on 12 April 2019, by section 4(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) non-prohibited ammunition: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) non-prohibited firearm: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) non-prohibited magazine: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) non-prohibited part: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) part: replaced, on 25 June 2020, by section 6(5) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) pistol: replaced, on 25 June 2020, by section 6(6) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) pistol carbine conversion kit: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) prohibited ammunition: inserted, on 12 April 2019, by section 4(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) prohibited firearm: inserted, on 12 April 2019, by section 4(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) prohibited item: inserted, on 12 April 2019, by section 4(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) prohibited magazine: inserted, on 12 April 2019, by section 4(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) prohibited part: inserted, on 12 April 2019, by section 4(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) registry: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

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) restricted airgun paragraph (a): amended, on 12 April 2019, by section 4(4) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 2(1) restricted airgun paragraph (b): amended, on 12 April 2019, by section 4(4) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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) semi-automatic pistol: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) senior manager: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) shooting club: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) small semi-automatic pistol: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) specified ammunition: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

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) theatrical armourer: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

Section 2(1) visitor: inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020 No 23).

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).

Section 2(2): amended, on 12 April 2019, by section 4(5) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).