Arms Regulations 1992

Reprint
as at 11 December 2013

Coat of Arms of New Zealand

Arms Regulations 1992

(SR 1992/346)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 7th day of December 1992

Present:
Her Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the New Zealand Police.


Pursuant to section 74 of the Arms Act 1983, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents

1 Title and commencement

2 Interpretation

Licensed dealers

3 Application for dealer’s licence

4 Place of application

5 Form of dealer’s licence

6 Application in relation to gun show

7 Records kept by licensed dealers

8 Conditions relating to security precautions

9 Power to grant exemptions in respect of security precautions

Importation of firearms, pistols, military style semi-automatic firearms, starting pistols, restricted airguns, and restricted weapons

10 Permits to import firearms, pistols, military style semi-automatic firearms, starting pistols, restricted airguns, or restricted weapons

11 Place of application

12 Identification numbers

13 Notification of importation

Firearms licences

14 Applicants to undergo theoretical test

15 Supply of particulars for firearms licence

16 Place of application

17 Form of firearms licence

18 Action on death of licensee

19 Conditions relating to security precautions

Exemption from general restriction on possession of firearms

20 Exemption from section 20

Endorsements in respect of pistols

21 Application by visitor to New Zealand for endorsement in respect of pistol

Conditions of endorsements in respect of pistols and restricted weapons

22 Conditions of endorsements in respect of pistols and restricted weapons

Endorsements in respect of pistols, military style semi-automatic firearms, and restricted weapons

23 Forms of endorsement

Permits to procure pistols, military style semi-automatic firearms, and restricted weapons

24 Application for permit to procure pistol, military style semi-automatic firearm, or restricted weapon

25 Place of application

26 Delivery of permit

27 Identification numbers

28 Security precautions in relation to pistols, military style semi-automatic firearms, and restricted weapons

Miscellaneous provisions

29 Inspection of pistols, military style semi-automatic firearms, and restricted weapons

30 Photographs

30A Staff members of corrections prisons may carry or possess pepper spray

31 Power to authorise carriage of firearms by officers of penal institutions [Revoked]

31A Armoury contractors may handle weapons in certain cases

31B Chief of Defence Force to notify Commissioner of irregularities

31C Defence Force Orders not affected

32 Replacement of lost licence, etc

33 Fees

34 Goods and services tax included

35 Revocations

Schedule
Fees payable


Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Arms Regulations 1992.

    (2) These regulations shall come into force on 11 December 1992.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    the Act means the Arms Act 1983

    armoury contractor means a person who, under a contract with the Chief of Defence Force, is administering 1 or more defence armouries

    defence area has the meaning given to that term by section 2(1) of the Defence Act 1990

    defence armoury means an armoury of the New Zealand Defence Force.

    Regulation 2: substituted, on 15 June 1998, by regulation 2 of the Arms Amendment Regulations 1998 (SR 1998/155).

Licensed dealers

3 Application for dealer’s licence
  • (1) Every application for a dealer’s licence shall be in writing and shall be signed by the applicant.

    (2) The application shall state—

    • (a) the full name of the applicant; and

    • (b) the sex of the applicant; and

    • (c) the date of birth of the applicant; and

    • (d) the address and occupation of the applicant; and

    • (e) the number of the applicant’s firearms licence; and

    • (f) the address of the place at which the business is to be carried on; and

    • (g) if the applicant intends to manufacture firearms, the class or classes of firearms intended to be manufactured.

    (3) Where the applicant wishes to carry on business at more than 1 address, the applicant shall apply for a separate licence in respect of each address.

4 Place of application
  • Every application for a dealer’s licence shall be delivered to the Arms Office nearest to the place of business named in the application.

5 Form of dealer’s licence
  • The Commissioner may from time to time prescribe the form of a dealer’s licence.

6 Application in relation to gun show
  • (1) Every application under section 7A of the Act shall be in writing and shall be signed by the applicant.

    (2) The application shall state—

    • (a) the full name of the applicant; and

    • (b) the address of the place at which the gun show is to be conducted; and

    • (c) the period (not exceeding 5 days) over which the gun show is to be held.

    (3) The application shall be delivered to the Arms Office nearest to the place at which the gun show is to be conducted.

7 Records kept by licensed dealers
  • (1) This regulation applies to an item if it is a firearm, pistol, military style semi-automatic firearm, restricted airgun, or restricted weapon.

    (2) Every licensed dealer must record, in respect of every item to which this regulation applies received by the licensed dealer (including every item received for sale, repair, or modification),—

    • (a) particulars of the item (including its serial number, calibre, make, and model); and

    • (b) the date the item was received; and

    • (c) except in the case of a pistol or restricted weapon received under section 10(2) of the Act, the name and address of the person from whom the item is received; and

    • (d) except in the case of a pistol or restricted weapon received under section 10(2) of the Act or a restricted airgun received from a person who is of or over the age of 18 years, the number of the firearms licence of the person from whom the item is received.

    (3) Every licensed dealer must record, in respect of every item to which this regulation applies manufactured by the licensed dealer,—

    • (a) particulars of the item (including the serial number, calibre, make, and model); and

    • (b) the date on which the item's manufacture is completed.

    (4) Every licensed dealer must record, in respect of every item to which this regulation applies delivered by the licensed dealer,—

    • (a) particulars of the item (including the serial number, calibre, make, and model); and

    • (b) the date on which the item is delivered; and

    • (c) the name and address of the person to whom the item is delivered; and

    • (d) except in the case of a restricted airgun delivered to a person who is of or over the age of 18 years, the number of the firearms licence of the person to whom the item is delivered; and

    • (e) in the case of a pistol, military style semi-automatic firearm, or restricted weapon delivered to a person who requires a permit to procure it, the date and place of issue of the permit.

    (5) Every licensed dealer must record, in respect of every airgun delivered to a person who is between 16 and 18 years of age,—

    • (a) the person's name and address; and

    • (b) the number of the person's firearms licence.

    (6) The particulars stated in subclauses (2) to (5) must be recorded by the licensed dealer in the book required by section 12(1) of the Act to be kept by the licensed dealer at the place of business referred to in the licence.

    (7) The book must be so kept as to disclose readily the particulars required to be recorded in it.

    (8) Each entry must be made at or immediately following the time of the transaction to which it relates.

    (9) Every book kept under section 12(1) of the Act by a licensed dealer must be retained by the dealer for at least 5 years after the date of the last entry in it.

    Regulation 7: replaced, on 11 December 2013, by section 15 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 7(4)(e): amended, on 11 December 2013, by regulation 4 of the Arms (Records of Licensed Dealers) Amendment Regulations 2013 (SR 2013/465).

8 Conditions relating to security precautions
  • Every dealer’s licence shall be subject to the following conditions:

    • (a) the building in which the dealer’s place of business is located shall be, and be maintained, in a structurally sound condition:

    • (b) the doors that can give access to the dealer’s place of business, and their locks, bolts, hinges, and other fastenings, shall be strong and stout and shall be maintained in good condition:

    • (c) the windows, skylights, or other things intended to cover openings to the dealer’s place of business, and their locks, bolts, hinges, and other fastenings, shall be maintained in good condition:

    • (d) all such doors and all such windows, skylights, and other things shall be capable of being secured against unlawful entry:

    • (e) whenever the dealer’s place of business is left unattended or unoccupied, the dealer shall ensure that all reasonable steps are taken to secure the place of business from unlawful entry:

    • (f) the dealer shall ensure that all firearms (other than airguns and miniature replica cannon) at the dealer’s place of business, which are not in the physical possession of the dealer or of a member of the dealer’s staff or which are not being displayed to a customer under the immediate continuous personal supervision of the dealer or of a member of the dealer’s staff, are either—

      • (i) dismantled, rendered inoperable, or immobilised (which includes securing them in a display cabinet or rack so that they cannot be readily removed), in a manner approved for the time being either generally or in the particular case by a member of the Police, so that none of them can be fired; or

      • (ii) locked up in a steel box or a steel cabinet (being a box or cabinet secured to the building) or in a steel safe or in a steel and concrete strongroom, which such box, cabinet, safe, or strongroom shall be of sound construction and of a type approved for the time being either generally or in the particular case by a member of the Police:

    • (g) where vital parts are removed from a firearm for the purpose of complying with paragraph (f)(i), those parts shall be locked up in a box, cabinet, safe, or strongroom complying with paragraph (f)(ii) or in a secure place in premises separate from the premises in which the firearm is stored:

    • (h) all pistols (other than air pistols or miniature replica cannon) at the dealer’s place of business which are not in the physical possession of the dealer or of a member of the dealer’s staff or which are not being displayed to a customer under the immediate and continuous personal supervision of the dealer or a member of the dealer’s staff shall be locked up in a box, cabinet, safe, or strongroom complying with paragraph (f)(ii):

    • (i) all airguns at the dealer’s place of business which are not in the physical possession of the dealer or of a member of the dealer’s staff or which are not being displayed to a customer under the immediate and personal supervision of the dealer or a member of the dealer’s staff shall be secured in a manner so that they cannot be readily removed.

9 Power to grant exemptions in respect of security precautions
  • (1) Any commissioned officer of Police may, by writing, exempt any dealer from compliance with any of the conditions set out in regulation 7 if that officer is satisfied that the security conditions being observed by that dealer are sufficient to prevent the unlawful removal of firearms from the dealer’s place of business.

    (2) Any exemption under subclause (1) may at any time in like manner be revoked by any commissioned officer of Police.

    (3) Any exemption under subclause (1) may be limited to such days or times or both as are specified in it.

Importation of firearms, pistols, military style semi-automatic firearms, starting pistols, restricted airguns, and restricted weapons

  • Heading: amended, on 11 December 2013, by section 16 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

10 Permits to import firearms, pistols, military style semi-automatic firearms, starting pistols, restricted airguns, or restricted weapons
  • (1) Every application for a permit to import any firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon into New Zealand shall be in writing and shall be signed by the applicant.

    (2) The application shall state—

    • (a) the full name of the applicant; and

    • (b) the address and occupation of the applicant; and

    • (c) the quantity to be imported; and

    • (d) the description and country of origin of the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon to be imported; and

    • (e) the name of the manufacturer of the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon; and

    • (f) the place at which the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon is to be landed in New Zealand; and

    • (g) where the application relates to a pistol, military style semi-automatic firearm, restricted airgun, or restricted weapon, the special reasons why the pistol, military style semi-automatic firearm, or restricted weapon should be allowed into New Zealand.

    Regulation 10 heading: amended, on 11 December 2013, by section 17(1) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 10(1): amended, on 11 December 2013, by section 17(2) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 10(2)(d): amended, on 11 December 2013, by section 17(2) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 10(2)(e): amended, on 11 December 2013, by section 17(2) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 10(2)(f): amended, on 11 December 2013, by section 17(2) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 10(2)(g): amended, on 11 December 2013, by section 17(3) of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

11 Place of application
  • Every application for a permit to import any firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon into New Zealand shall be delivered to the Arms Office nearest to the place of business or the place of residence of the applicant or the place at which the firearms are to be landed.

    Regulation 11: amended, on 11 December 2013, by section 18 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

12 Identification numbers
  • (1) Every person who imports into New Zealand a pistol, military style semi-automatic firearm, restricted airgun, or restricted weapon (other than a pistol, military style semi-automatic firearm, restricted airgun, or restricted weapon that is an antique firearm) that does not bear a serial number, shall stamp, or cause to be stamped, in clear view on the frame of that pistol, military style semi-automatic firearm, restricted airgun, or restricted weapon, within 30 days after the day on which it is imported, a number by which that pistol, military style semi-automatic firearm, restricted airgun, or restricted weapon may be identified.

    (2) Every person commits an offence and is liable on conviction to a fine not exceeding $400 who contravenes subclause (1).

    Regulation 12(1): amended, on 11 December 2013, by section 19 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 12(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

13 Notification of importation
  • (1) Every person who imports any firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon into New Zealand pursuant to a permit issued under section 16(1) of the Act shall, within 30 days after the day on which the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon is so imported, deliver notice in writing of the importation to the Arms Office from which the permit was issued.

    (2) The notice shall state—

    • (a) the full name of the applicant; and

    • (b) the address and occupation of the applicant; and

    • (c) the quantity imported; and

    • (d) the description and country of origin of the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon imported, which description shall include the serial number or identification number of the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon; and

    • (e) the name of the manufacturer of the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon; and

    • (f) the place at which the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon was landed in New Zealand; and

    • (g) the date of importation; and

    • (h) the date on which and the place at which the permit under section 16(1) of the Act was issued.

    (3) Every person commits an offence and is liable on conviction to a fine not exceeding $400 who contravenes subclause (1).

    Regulation 13(1): amended, on 11 December 2013, by section 20 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 13(2)(d): amended, on 11 December 2013, by section 20 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 13(3)(e): amended, on 11 December 2013, by section 20 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 13(2)(f): amended, on 11 December 2013, by section 20 of the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117).

    Regulation 13(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Firearms licences

14 Applicants to undergo theoretical test
  • Every applicant for a firearms licence shall, unless a commissioned officer of Police otherwise directs,—

    • (a) undergo a course of training which is conducted by a member of the Police or a person approved for the purpose by a member of the Police and which is designed to teach the applicant to handle firearms safely; and

    • (b) pass such theoretical tests as may be required to determine the applicant’s ability to handle firearms safely (being tests conducted by a member of the Police or a person approved for the purpose by a member of the Police).

15 Supply of particulars for firearms licence
  • (1) Every application for a firearms licence shall be in writing, and shall be signed by the applicant.

    (2) The application shall state—

    • (a) the full name of the applicant; and

    • (b) the date of birth of the applicant; and

    • (c) the place of birth of the applicant; and

    • (d) the address and occupation of the applicant; and

    • (e) the place at which the applicant carries on his or her occupation; and

    • (f) the name and address of a near relative of the applicant; and

    • (g) the name and address of a person (not being a near relative of the applicant) of whom inquiries can be made about whether the applicant is a fit and proper person to be in possession of a firearm; and

    • (h) whether the applicant has been convicted of any offence, whether in New Zealand or any other country; and

    • (i) whether the applicant has previously made application to be issued with a firearms licence whether in New Zealand or any other country and has been refused.

16 Place of application
  • (1) An applicant for a firearms licence shall attend in person at an Arms Office and shall complete at that Arms Office his or her application for a firearms licence.

    (2) The Arms Office at which the applicant attends shall be either—

    • (a) the Arms Office nearest to the applicant’s place of employment; or

    • (b) the Arms Office nearest to the applicant’s place of residence.

17 Form of firearms licence
  • The Commissioner may from time to time prescribe the form of a firearms licence.

18 Action on death of licensee
  • Where the holder of a firearms licence in respect of a pistol, military style semi-automatic firearm, or restricted weapon dies, the personal representative of the holder of the firearms licence or any other person who obtains possession of the pistol, military style semi-automatic firearm, or restricted weapon, shall forthwith notify the Police of—

    • (a) the death; and

    • (b) the location of the pistol, military style semi-automatic firearm, or restricted weapon.

19 Conditions relating to security precautions
  • (1) Every firearms licence shall be subject to the following conditions:

    • (a) the holder shall not put a firearm in such a place that a young child has ready access to it:

    • (b) the holder, where he or she has both a firearm and ammunition for it in his or her possession, either—

      • (i) shall take reasonable steps to ensure that the ammunition is not stored in such a way that a person who obtains access to the firearm also obtains access to the ammunition; or

      • (ii) shall ensure that, where the ammunition is stored with the firearm, the firearm is not capable of being discharged:

    • (c) the holder shall take reasonable steps to ensure that any firearm in the holder’s possession is secured against theft:

    • (d) the holder shall, where he or she has possession of a firearm that is—

      • (i) a flare pistol; or

      • (ii) a humane killer; or

      • (iii) a stock marking pistol,—

      keep it in a locked container, except where it is under the holder’s immediate and personal supervision.

    (2) On and after 1 July 1993 the reasonable steps required by subclause (1)(c) shall include—

    • (a) keeping on the holder’s premises—

      • (i) a lockable cabinet, container, or receptacle of stout construction in which firearms may be stored; or

      • (ii) a lockable steel and concrete strongroom in which firearms may be stored; or

      • (iii) a display cabinet or rack in which firearms may be immobilised and locked so that none of them may be fired; and

    • (b) keeping locked or immobilised and locked in the cabinet, container, receptacle, strongroom, display cabinet, or rack required by paragraph (a) every firearm which is on the holder’s premises and which is not under immediate and personal supervision of the holder or some other holder of a firearms licence; and

    • (c) ensuring that no firearm in the holder’s possession is left in a vehicle that is unattended.

Exemption from general restriction on possession of firearms

20 Exemption from section 20
  • Nothing in section 20 of the Act makes it an offence for any person to be in possession of a firearm of the kind known as—

    • (a) a dog training dummy launcher:

    • (b) an improvised explosive device disrupter.

Endorsements in respect of pistols

21 Application by visitor to New Zealand for endorsement in respect of pistol
  • (1) For the purposes of section 29 of the Act, a visitor to New Zealand who wishes to use a pistol for competitive shooting on a pistol range in New Zealand is a class of person who may be permitted to obtain an endorsement permitting that person to have possession of a pistol in that person’s capacity as such a visitor.

    (2) The class of person specified in subclause (1) is in addition to the classes of persons specified in paragraphs (a) to (f) of section 29(2) of the Act.

Conditions of endorsements in respect of pistols and restricted weapons

22 Conditions of endorsements in respect of pistols and restricted weapons
  • (1) Where an endorsement made under section 30 of the Act permits a person to have possession of a pistol in his or her capacity as a member of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29 of the Act, that endorsement shall be subject to the following conditions:

    • (a) a condition that that person may use the pistol only for target pistol shooting on a pistol range approved by the Commissioner for the purpose:

    • (b) a condition that that person participate actively in the affairs of the pistol shooting club by taking part in its activities, on the pistol range used by that club, on at least 12 days in each year.

    (2) Where an endorsement made under section 30 of the Act permits a person to have possession of a pistol or a restricted weapon in his or her capacity as—

    • (a) a bona fide collector of firearms; or

    • (b) a person to whom the pistol or restricted weapon has special significance as an heirloom or memento; or

    • (c) the Director or Curator of a bona fide museum; or

    • (d) an approved employee or approved member of any body, being—

      • (ii) any bona fide theatre company or society or cinematic or television film production company or video recording production company,—

    that endorsement shall be subject to the condition that that person shall not under any circumstances use live ammunition in the pistol or restricted weapon.

    (3) The conditions imposed by subclauses (1) and (2) are in addition to any other conditions imposed by or under the Act or these regulations.

Endorsements in respect of pistols, military style semi-automatic firearms, and restricted weapons

23 Forms of endorsement
  • The Commissioner may from time to time prescribe the form of any endorsement made on a firearms licence under section 30 or section 30B of the Act.

Permits to procure pistols, military style semi-automatic firearms, and restricted weapons

24 Application for permit to procure pistol, military style semi-automatic firearm, or restricted weapon
  • (1) Every application for a permit to procure a pistol, military style semi-automatic firearm, or restricted weapon shall state—

    • (a) the full name of the applicant; and

    • (b) the address of the applicant; and

    • (c) the number of the applicant’s firearms licence; and

    • (d) the general description of the pistol, military style semi-automatic firearm, or restricted weapon; and

    • (e) the location of the pistol, military style semi-automatic firearm, or restricted weapon; and

    • (f) the full name of the owner of the pistol, military style semi-automatic firearm, or restricted weapon; and

    • (g) the number of the owner’s firearms licence.

    (2) Nothing in subclause (1) or in section 35 or section 44 of the Act shall apply in respect of any pistol that is an antique firearm or any restricted weapon that is an antique firearm.

25 Place of application
  • Every application for a permit to procure a pistol, military style semi-automatic firearm, or restricted weapon shall be delivered to either—

    • (a) the Arms Office nearest to the applicant’s address; or

    • (b) the Arms Office nearest to the applicant’s place of employment.

26 Delivery of permit
  • (1) Every person who pursuant to a permit to procure a pistol, military style semi-automatic firearm, or restricted weapon obtains possession of any pistol, military style semi-automatic firearm, or restricted weapon shall deliver the permit to the person handing over possession of the pistol, military style semi-automatic firearm, or restricted weapon.

    (2) The person handing over possession of the pistol, military style semi-automatic firearm, or restricted weapon—

    • (a) shall forthwith write on the permit—

      • (i) a description of the pistol, military style semi-automatic firearm, or restricted weapon, including the make, model, calibre, and serial number or identification number; and

      • (ii) the date of delivery of the pistol, military style semi-automatic firearm, or restricted weapon; and

      • (iii) his or her signature; and

      • (iv) the number of his or her firearms licence; and

    • (b) shall then return the permit to the person obtaining possession of the pistol, military style semi-automatic firearm, or restricted weapon.

    (3) The person obtaining possession of the pistol, military style semi-automatic firearm, or restricted weapon shall forthwith return the permit to the Arms Office at which the permit was issued and, at that Arms Office, produce the pistol, military style semi-automatic firearm, or restricted weapon to a member of the Police for inspection.

27 Identification numbers
  • (1) Every person who hands over possession of any pistol, military style semi-automatic firearm, or restricted weapon to a person who holds a permit to procure that pistol, military style semi-automatic firearm, or restricted weapon shall, if that pistol, military style semi-automatic firearm, or restricted weapon does not bear a serial number, stamp, or cause to be stamped, in clear view on the frame of that pistol, military style semi-automatic firearm, or restricted weapon, before it is handed over, a number by which that pistol, military style semi-automatic firearm, or restricted weapon may be identified.

    (2) Every person commits an offence and is liable on conviction to a fine not exceeding $400 who contravenes subclause (1).

    Regulation 27(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

28 Security precautions in relation to pistols, military style semi-automatic firearms, and restricted weapons
  • (1) Every person who is lawfully entitled to possession of a pistol, military style semi-automatic firearm, or restricted weapon other than an air pistol by virtue of a permit under section 18 of the Act or a firearms licence endorsed under section 30 or section 30B of the Act shall ensure that, except when the pistol, military style semi-automatic firearm, or restricted weapon is in his or her immediate physical possession or is being used, in accordance with section 31 of the Act, for the purpose of making a broadcast or producing or staging a play or filming a cinematic production or television film or is in the custody of a licensed dealer or a member of the Police, it is—

    • (a) kept in a steel and concrete strongroom of sound construction and of a type approved for the time being in writing either generally or in the particular case by a member of the Police; or

    • (b) kept in a room of stout and secure construction capable of being adequately secured against unlawful entry, being in every case a room which is approved for the purpose by a member of the Police and which meets the following requirements:

      • (i) the room shall be in structurally sound condition:

      • (ii) the doors that give access to the room, and their locks, bolts, hinges, and other fastenings shall be in good condition:

      • (iii) the windows, skylights, or other things intended to cover openings to the room, and their locks, bolts, hinges, and other fastenings shall be in good condition:

      • (iv) the doors referred to in subparagraph (ii) and the windows, skylights, and other things referred to in subparagraph (iii) shall be capable of being secured against unlawful entry; or

    • (c) locked in a steel safe or steel box or steel cabinet (being in every case a safe, box, or cabinet of sound construction and of a type approved in writing either generally or in the particular case by a member of the Police) bolted or otherwise securely fixed (in a manner approved in writing either generally or in the particular case by a member of the Police) to the building within which the pistol or military style semi-automatic firearm or restricted weapon is kept.

    (2) Where a pistol, military style semi-automatic firearm, or restricted weapon is kept in a steel box, steel cabinet, or steel safe in accordance with subclause (1)(c), ammunition for that firearm shall not be kept in that steel box, steel cabinet, or steel safe.

    (3) Where the governing body of a bona fide museum keeps a pistol, military style semi-automatic firearm, or restricted weapon in a room in accordance with subclause (1)(b), that governing body shall ensure, if the room is one to which members of the public have access, that the pistol, military style semi-automatic firearm, or restricted weapon is adequately secured, in a manner approved in each case by a member of the Police, to prevent unlawful removal.

    (4) The Commissioner may, by writing, exempt any person from compliance with any of the provisions of subclauses (1) to (3) where the Commissioner is satisfied that the precautions being taken by that person are sufficient to prevent unlawful removal of the pistol or restricted weapon; and any such exemption may in like manner be revoked.

    (5) Every permit under section 18 of the Act and every firearms licence that is endorsed under section 30 or section 30B of the Act shall be deemed to be issued subject to the condition that every person who is lawfully entitled to possession of a pistol, military style semi-automatic firearm, or restricted weapon by virtue of that permit or firearms licence (as so endorsed) will observe the provisions of this regulation to the extent that they are applicable to that person.

Miscellaneous provisions

29 Inspection of pistols, military style semi-automatic firearms, and restricted weapons
  • (1) Every dealer’s licence and every other permit, licence, or endorsement granted under the Act shall be deemed to be granted subject to the condition that, where any person is in possession of a pistol, military style semi-automatic firearm, or restricted weapon (other than an air pistol) by virtue of that permit, licence, or endorsement, that person shall—

    • (a) produce that pistol, military style semi-automatic firearm, or restricted weapon to any member of the Police on demand; and

    • (b) permit the member of the Police to inspect the pistol, military style semi-automatic firearm, and restricted weapon and the place where it is kept, and, for that purpose, to enter at all reasonable times upon the premises where the place is situated.

    (2) It is the duty of every member of the Police exercising any power conferred by subclause (1)—

    • (a) to identify himself or herself to the person in possession of the pistol, military style semi-automatic firearm, or restricted weapon; and

    • (b) to tell the person in possession of the pistol, military style semi-automatic firearm, or restricted weapon that the power is being exercised pursuant to subclause (1); and

    • (c) if he or she is not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that he or she is a member of the Police.

30 Photographs
  • Where any person is required under section 34A of the Act to supply, for the purposes of any application, a photograph or photographs of himself or herself,—

    • (a) each such photograph shall—

      • (i) be 45 mm by 35 mm untrimmed:

      • (ii) have been taken not more than 12 months before the date on which it is supplied:

      • (iii) be a full front view of the face, head, and shoulders of the person, with the head filling most of the photograph:

      • (iv) be of the person without a hat or head covering (except where the person’s religion requires the wearing of a hat or head covering):

      • (v) have a plain, light-coloured background:

      • (vi) be a colour photograph:

      • (vii) be a good likeness of the person:

      • (viii) be on good quality paper; and

    • (b) those photographs shall, where two photographs are required, be identical.

30A Staff members of corrections prisons may carry or possess pepper spray
  • (1) In this regulation,—

    corrections prison has the same meaning as in section 3(1) of the Corrections Act 2004

    pepper spray has the same meaning as in regulation 120A of the Corrections Regulations 2005

    staff member has the same meaning as in section 3(1) of the Corrections Act 2004.

    (2) A staff member of a corrections prison may carry or possess pepper spray belonging to the Crown for the purposes of regulations 121 to 123 of the Corrections Regulations 2005.

    Regulation 30A: inserted, on 1 January 2010, by regulation 4 of the Arms Amendment Regulations 2009 (SR 2009/373).

31 Power to authorise carriage of firearms by officers of penal institutions
  • [Revoked]

    Regulation 31: revoked, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).

31A Armoury contractors may handle weapons in certain cases
  • (1) If an armoury contractor is administering a defence armoury in a defence area, the armoury contractor and the armoury contractor’s employees, while in that defence area, may carry or possess firearms, airguns, pistols, restricted weapons, ammunition, or explosives belonging to the Crown if the contract under which the armoury contractor is administering that defence armoury complies with subclause (2).

    (2) The contract must provide for—

    • (a) adequate security of the defence armoury to ensure that firearms, airguns, pistols, restricted weapons, ammunition, or explosives are stored securely and accounted for at all times; and

    • (b) the Chief of Defence Force to monitor the performance of the armoury contractor in administering the defence armoury.

    Regulation 31A: inserted, on 15 June 1998, by regulation 3 of the Arms Amendment Regulations 1998 (SR 1998/155).

31B Chief of Defence Force to notify Commissioner of irregularities
  • If an armoury contractor is administering a defence armoury, the Chief of Defence Force must notify the Commissioner immediately after the Chief of Defence Force becomes aware that any firearm, airgun, pistol, restricted weapon, ammunition, or explosive is lost from or is unaccounted for at that defence armoury.

    Regulation 31B: inserted, on 15 June 1998, by regulation 3 of the Arms Amendment Regulations 1998 (SR 1998/155).

31C Defence Force Orders not affected
  • These regulations do not limit or affect any Defence Force Order issued under section 27 of the Defence Act 1990.

    Regulation 31C: inserted, on 15 June 1998, by regulation 3 of the Arms Amendment Regulations 1998 (SR 1998/155).

32 Replacement of lost licence, etc
  • (1) On application by any person to whom a licence or permit has been issued, and on proof to the satisfaction of a member of the Police by statement in writing, statutory declaration, or other evidence that the licence or permit or any copy of the licence or permit has been lost, destroyed, or mutilated, or has become illegible, and on payment of the prescribed fee, the member of the Police may, at any time during the currency of the licence or permit, issue to the applicant a duplicate of the licence or permit, including any endorsement made thereon, or a new licence.

    (2) [Revoked]

    Regulation 32(2): revoked, on 1 February 1999, by regulation 3 of the Arms Amendment Regulations 1998 (SR 1998/466).

33 Fees
  • (1) The fees specified in column A of the Schedule are payable in respect of the applications and matters set out in the Schedule, in respect of the period beginning on 1 February 1999 and ending with the close of 31 July 1999.

    (1A) The fees specified in column B of the Schedule are payable in respect of the applications and matters set out in the Schedule, on and after 1 August 1999.

    (2) All such fees shall be prepaid.

    (3) All amounts received as fees shall be paid into a Crown Bank Account or a Departmental Bank Account.

    Regulation 33(1): substituted, on 1 February 1999, by regulation 4 of the Arms Amendment Regulations 1998 (SR 1998/466).

    Regulation 33(1A): inserted, on 1 February 1999, by regulation 4 of the Arms Amendment Regulations 1998 (SR 1998/466).

    Regulation 33(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

34 Goods and services tax included
35 Revocations
  • The Arms Regulations 1984 (SR 1984/121) and the Arms Regulations 1984, Amendment No 1 (SR 1988/40) are hereby revoked.


Schedule
Fees payable

r 33

  • Schedule: substituted, on 1 February 1999, by regulation 2 of the Arms Amendment Regulations 1998 (SR 1998/466).

 Column A
Effective 1 February 1999
($)
Column B
Effective 1 August 1999
($)
Firearms licences  

Application for a firearms licence—

  
  • (a) by any person visiting New Zealand for a period not exceeding 12 months

25.0025.00
  • (b) by any person whose previous firearms licence either—

    • (i) expired; or

    • (ii) was deemed to be revoked by section 38(1) of the Arms Amendment Act 1992, and was not reinstated under section 39 of that Act

123.75236.25
  • (c) by any other person

123.75123.75
Application for replacement of firearms licence25.0025.00
Dealers licences  
Application for a dealer’s licence200.00200.00
Application for renewal of a dealer’s licence200.00200.00
Application under section 7A of the Act for consent in respect of a gun show50.0050.00
Endorsements  

Application for 1 or more endorsements under section 29 or section 30A of the Act

provided that no fee is payable—

  • (a) if the firearms licence to be endorsed is held by a visitor to New Zealand who wishes to use a pistol for international competitive shooting on a pistol range in New Zealand; or

  • (b) if the firearms licence to be endorsed is held by a visitor to New Zealand who wishes to use a military style semi-automatic firearm for competitive shooting on a shooting range in New Zealand.

200.00200.00

Bob MacFarlane,
Acting for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 10 December 1992.


Reprints notes
1 General
  • This is a reprint of the Arms Regulations 1992 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint