Arms Regulations 1992

Reprint as at 12 April 2019

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 official 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

1Title and commencement
2Interpretation
2AProvisions for making applications, etc, electronically through Internet site
2BGeneral qualification on provisions for making applications electronically through Internet site
2CPrescribed wild animals and animal pests
3Application for dealer’s licence
4Place of application [Revoked]
5Form of dealer’s licence [Revoked]
6Application in relation to gun show
7Records kept by licensed dealers
8Conditions relating to security precautions
9Power to grant exemptions in respect of security precautions
10Applications for permits to import firearms, pistols, prohibited items, starting pistols, restricted airguns, restricted weapons, or parts
11Place of application [Revoked]
12Identification numbers
13Notification of importation
14Applicant for firearms licence must undergo course of training and pass tests
15Supply of particulars for firearms licence
16Manner of application
17Form of firearms licence [Revoked]
18Action on death of licensee
19Conditions relating to security precautions
20Exemption from section 20
20AManner of applying for endorsement in respect of pistol or restricted weapon
20BManner of applying for endorsement in respect of prohibited firearm or prohibited magazine
21Application by visitor to New Zealand for endorsement in respect of pistol
[Revoked]
22Conditions of endorsements in respect of pistols and restricted weapons
[Revoked]
23Forms of endorsement [Revoked]
23AManner of applying for permit to possess
24Application for permit to possess pistol, prohibited firearm, prohibited magazine, or restricted weapon
25Place of application
26Delivery of permit in writing in hard copy form
26ADelivery of permit through Internet site
27Identification numbers
28Security precautions in relation to pistols, prohibited firearms, prohibited magazines, and restricted weapons
28AApplications, etc, in electronic form must comply with other prescribed requirements
28BCommissioner may prescribe, approve, and require use of forms, etc
28CCommissioner may direct who may issue licences, etc, and grant endorsements
[Revoked]
28DCommissioner may prescribe conditions on licences, etc
28EDefinitions for transitional regulation
28FExisting businesses involved in permitted supply of prohibited magazines or prohibited parts are exempt persons
29Inspection of pistols, military style semi-automatic firearms, and restricted weapons [Revoked]
29AEndorsement on mail order for sale of firearm or ammunition
30Photographs
30AStaff members of corrections prisons may carry or possess pepper spray
31Power to authorise carriage of firearms by officers of penal institutions [Revoked]
31AArmoury contractors may handle weapons in certain cases
31BChief of Defence Force to notify Commissioner of irregularities
31CDefence Force Orders not affected
32Replacement of lost licence, etc
33Fees
34Goods and services tax included
35Revocations
Gazette Information
Reprint notes

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.

Preliminary provisions

Heading: inserted, on 17 January 2019, by regulation 4 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

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

commissioned officer of Police means a constable who is of or above the level of position of inspector

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

Internet site means an Internet site maintained by, or on behalf of, the Commissioner.

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

Regulation 2 commissioned officer of Police: inserted, on 17 January 2019, by regulation 5 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 2 Internet site: inserted, on 17 January 2019, by regulation 5 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 2 reclassified MSSA: revoked, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

2A Provisions for making applications, etc, electronically through Internet site

(1)

A provision in these regulations for an application to be made electronically through an Internet site, or for some other thing to be done in that manner, applies only when the Commissioner, on an Internet site, offers to receive that application or permits that other thing to be done electronically through that Internet site.

(2)

Until the Commissioner makes that offer or gives that permission, and during any period when the Internet site is not accessible for any reason, the application must be made or the other thing must done in an alternative manner provided for in or under these regulations.

Regulation 2A: inserted, on 17 January 2019, by regulation 6 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

2B General qualification on provisions for making applications electronically through Internet site

Despite a provision in these regulations for an application to be made electronically through an Internet site, a person must make their application under that provision in writing, in hard copy form, if a commissioned officer of Police requires them to do so (regardless of whether, at the time the requirement is made, the person has already commenced their application electronically through an Internet site).

Regulation 2B: inserted, on 17 January 2019, by regulation 6 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

2C Prescribed wild animals and animal pests

The following wild animals and animal pests are prescribed for the purposes of section 4A(1)(i) of the Act:

(a)

a wild animal as defined in paragraph (a) of the definition of that term in section 2(1) of the Wild Animal Control Act 1977:

(b)

wallaby (family Macropodidae):

(c)

feral rabbit:

(d)

feral hare:

(e)

Canada goose (Branta canadensis).

Regulation 2C: inserted, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Licensed dealers

3 Application for dealer’s licence

(1)

An application for a dealer’s licence must be made—

(a)

in writing in hard copy form; or

(b)

electronically through an Internet site.

(1A)

An application in writing in hard copy form must be—

(a)

signed by the applicant; and

(b)

delivered to the Arms Office nearest to the place of business named in the application.

(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.

Regulation 3(1): replaced, on 17 January 2019, by regulation 7 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 3(1A): inserted, on 17 January 2019, by regulation 7 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

4 Place of application
[Revoked]

Regulation 4: revoked, on 17 January 2019, by regulation 8 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

5 Form of dealer’s licence
[Revoked]

Regulation 5: revoked, on 17 January 2019, by regulation 9 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

6 Application in relation to gun show

(1)

A licensed dealer who wishes to apply for the consent of a commissioned officer of Police for the purposes of section 7A of the Act must make that application—

(a)

in writing in hard copy form; or

(b)

electronically through an Internet site.

(1A)

An application in writing in hard copy form must be—

(a)

signed by the applicant; and

(b)

delivered to the Arms Office nearest to the place at which the gun show is to be held.

(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)

[Revoked]

Regulation 6(1): replaced, on 17 January 2019, by regulation 10(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 6(1A): inserted, on 17 January 2019, by regulation 10(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 6(3): revoked, on 17 January 2019, by regulation 10(2) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

7 Records kept by licensed dealers

(1)

This regulation applies to an item if it is a firearm, pistol, prohibited firearm, prohibited magazine, 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, restricted weapon, or prohibited item received under section 59A 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, restricted weapon, or prohibited item received under section 59A of the Act, or a restricted airgun received from a person 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, prohibited firearm, prohibited magazine, or restricted weapon delivered to a person who requires a permit to possess it, the date and place of issue of the permit.

(4A)

On and after the date on which the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 comes into force, every licensed dealer must record, in respect of any prohibited item for which the dealer keeps other particulars under any of subclauses (2) to (4), that the item is a prohibited item.

(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)

If a licensed dealer keeps their book in hard copy form, it must be so kept as to disclose readily the particulars required to be recorded in it.

(7A)

The book may be kept as an electronic record if—

(a)

the integrity of the particulars and the other information that must be entered into that record is maintained in a manner that ensures that the information remains complete and unaltered; and

(b)

the licensed dealer has in place and maintains the systems and processes necessary to enable the licensed dealer to access and provide to a member of the Police, on request, the particulars and other information entered into that record, at any time during the 5-year period specified in subclause (10).

(8)

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

(9)

A licensed dealer who keeps their book under section 12(1) of the Act in hard copy form must retain the book for at least 5 years from the date of the last entry in the book.

(10)

A licensed dealer who keeps their book as an electronic record must retain each record of the particulars and other information entered into that record in respect of an item to which this regulation applies for at least 5 years from the date on which the record is entered.

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(1): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 7(2)(c): replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 7(2)(d): replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 7(4)(e): replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 7(4A): replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 7(7): amended, on 17 January 2019, by regulation 11(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 7(7A): inserted, on 17 January 2019, by regulation 11(2) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 7(9): replaced, on 17 January 2019, by regulation 11(3) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 7(10): inserted, on 17 January 2019, by regulation 11(3) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

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) and prohibited items 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.

Regulation 8(h): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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, prohibited items, starting pistols, restricted airguns, and restricted weapons

Heading: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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 Applications for permits to import firearms, pistols, prohibited items, starting pistols, restricted airguns, restricted weapons, or parts

(1)

An application for a permit to import a firearm, prohibited item, pistol, starting pistol, restricted airgun, or restricted weapon, or any part of a firearm (other than a prohibited firearm), pistol, starting pistol, restricted airgun, or restricted weapon into New Zealand must be made—

(a)

in writing in hard copy form, in accordance with subclause (2); or

(b)

electronically through an Internet site.

(2)

An application in writing in hard copy form must be—

(a)

signed by the applicant; and

(b)

delivered to the Arms Office nearest to—

(i)

the applicant’s place of business; or

(ii)

the applicant’s residence; or

(iii)

the place at which the item proposed to be imported is to be landed in New Zealand.

(3)

The application must state—

(a)

the full name of the applicant; and

(b)

the address and occupation of the applicant; and

(c)

a description of—

(i)

the firearm, pistol, prohibited item, starting pistol, restricted airgun, or restricted weapon that is to be imported:

(ii)

the part of a firearm, pistol, prohibited item, starting pistol, or restricted weapon that is to be imported; and

(d)

in relation to each item described,—

(i)

its country of origin; and

(ii)

the quantity to be imported; and

(iii)

the name of the manufacturer; and

(iv)

the place at which the item is to be landed in New Zealand; and

(e)

if the application is for a permit to import a pistol, prohibited item, restricted airgun, or restricted weapon, or any part of a pistol, prohibited item, or restricted weapon, the special reasons why that item should be allowed into New Zealand.

(4)

In this regulation, New Zealand has the same meaning as in section 16(2) of the Act.

Regulation 10: replaced, on 17 January 2019, by regulation 12 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 10 heading: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 10(1): replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 10(3)(c)(i): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 10(3)(c)(ii): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 10(3)(e): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

11 Place of application
[Revoked]

Regulation 11: revoked, on 17 January 2019, by regulation 12 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

12 Identification numbers

(1)

Every person who imports into New Zealand a pistol, prohibited firearm, prohibited magazine, restricted airgun, or restricted weapon (other than a pistol, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, restricted airgun, or restricted weapon, within 30 days after the day on which it is imported, a number by which that pistol, prohibited firearm, prohibited magazine, restricted airgun, or restricted weapon may be identified.

(1A)

Every person who imports into New Zealand a prohibited magazine that does not bear a serial number must, within 30 days after the day on which it is imported, stamp or cause to be stamped, in clear view on that magazine, a number by which the magazine 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 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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(1A): inserted, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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)

This regulation applies to a person who imports one of the following items into New Zealand under a permit issued for the purposes of section 16(1) of the Act:

(a)

a firearm, pistol, prohibited magazine, starting pistol, restricted airgun, or restricted weapon; or

(b)

a part of a firearm, pistol, prohibited magazine, starting pistol, or restricted weapon.

(1A)

Every person to whom this regulation applies must, within 30 days after the date on which the item is imported, notify the Police of the matters specified in subclause (2) by—

(a)

delivering a notice in writing in hard copy form to the Arms Office from which the permit was issued if the application for the permit to import the item was made in writing in hard copy form; or

(b)

lodging a notice electronically through an Internet site if the application for the permit to import the item was made electronically through an Internet site.

(2)

The matters that must be notified are—

(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 item imported, including the serial number or identification number of the item; and

(e)

the name of the manufacturer of the firearm, pistol, prohibited magazine, prohibited part, starting pistol, restricted airgun, or restricted weapon; and

(f)

the place at which the firearm, pistol, prohibited magazine, prohibited part, 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 this regulation.

Regulation 13(1): replaced, on 17 January 2019, by regulation 13(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 13(1)(a): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 13(1)(b): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 13(1A): inserted, on 17 January 2019, by regulation 13(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 13(2): amended, on 17 January 2019, by regulation 13(2) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 13(2)(d): replaced, on 17 January 2019, by regulation 13(3) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 13(2)(e): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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 17 January 2019, by regulation 13(4) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

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

Firearms licences

14 Applicant for firearms licence must undergo course of training and pass tests

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 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).

Regulation 14 heading: amended, on 17 January 2019, by regulation 14(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 14(b): amended, on 17 January 2019, by regulation 14(2) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

15 Supply of particulars for firearms licence

(1)

[Revoked]

(2)

Every application for a firearms licence must 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.

Regulation 15(1): revoked, on 17 January 2019, by regulation 15(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 15(2): amended, on 17 January 2019, by regulation 15(2) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

16 Manner of application

(1)

An application for a firearms licence must be made—

(a)

in writing in hard copy form; or

(b)

electronically through an Internet site.

(2)

An application in writing in hard copy form must be—

(a)

signed by the applicant; and

(b)

delivered to—

(i)

the Arms Office nearest to the applicant’s place of employment; or

(ii)

the Arms Office nearest to the applicant’s place of residence.

Regulation 16: replaced, on 17 January 2019, by regulation 16 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

17 Form of firearms licence
[Revoked]

Regulation 17: revoked, on 17 January 2019, by regulation 17 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

18 Action on death of licensee

Where the holder of a firearms licence in respect of a pistol, prohibited firearm, prohibited magazine, or restricted weapon dies, the personal representative of the holder of the firearms licence or any other person who obtains possession of the pistol, prohibited firearm, prohibited magazine, or restricted weapon, shall forthwith notify the Police of—

(a)

the death; and

(b)

the location of the pistol, prohibited firearm, prohibited magazine, or restricted weapon.

Regulation 18: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 18(b): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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, prohibited firearms, prohibited magazines, and restricted weapons

Heading: replaced, on 17 January 2019, by regulation 18 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Heading: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

20A Manner of applying for endorsement in respect of pistol or restricted weapon

An application for an endorsement in respect of a pistol or restricted weapon under section 29 of the Act must be made—

(a)

in writing in hard copy form; or

(b)

electronically through an Internet site.

Regulation 20A: inserted, on 17 January 2019, by regulation 19 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

20B Manner of applying for endorsement in respect of prohibited firearm or prohibited magazine

An application for an endorsement in respect of a prohibited firearm under section 30A of the Act must be made—

(a)

in writing in hard copy form; or

(b)

electronically through an Internet site.

Regulation 20B: inserted, on 17 January 2019, by regulation 19 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 20B heading: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 20B: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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[Revoked]

Heading: revoked, on 17 January 2019, by regulation 20 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

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—

(i)

a broadcaster within the meaning of the Broadcasting Act 1989; or

(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[Revoked]

Heading: revoked, on 17 January 2019, by regulation 21 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

23 Forms of endorsement
[Revoked]

Regulation 23: revoked, on 17 January 2019, by regulation 21 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Permits to possess pistols, prohibited firearms, prohibited magazines, and restricted weapons

Heading: replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

23A Manner of applying for permit to possess

(1)

Every application for a permit to possess a pistol, prohibited firearm, prohibited magazine, or restricted weapon must be made—

(a)

in writing in hard copy form; or

(b)

electronically through an Internet site.

(2)

An application for a permit to possess an item described in subclause (1) may be made electronically through an Internet site only if—

(a)

the person intending to apply for the permit through the Internet site has—

(i)

provided the information specified in regulation 24(1)(d) to (g) to the Police through the Internet site; and

(ii)

received an application number; and

(iii)

provided that application number to the person intending to hand over possession of the item; and

(b)

after receiving the application number, the person intending to hand over possession of the item has agreed to complete the transaction through the Internet site by doing the following through that site:

(i)

checking the information that the person intending to take possession of the item has provided under regulation 24(1)(d) to (g) and confirming that it is correct; and

(ii)

providing a description of the item, including the make, model, calibre, and serial number or identification number (if it has one at that time) of the item; and

(iii)

confirming that they agree to provide through the Internet site the date of transfer of the item and the serial number or identification number of the item transferred (if that number has not already been provided under subparagraph (ii)) not later than 7 days after the date of the transfer.

Regulation 23A: inserted, on 17 January 2019, by regulation 22 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 23A heading: replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 23A(1): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 23A(2): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

24 Application for permit to possess pistol, prohibited firearm, prohibited magazine, or restricted weapon

(1)

Every application for a permit to possess a pistol, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, or restricted weapon; and

(e)

the location of the pistol, prohibited firearm, prohibited magazine, or restricted weapon; and

(f)

the full name of the owner of the pistol, prohibited firearm, prohibited magazine, 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.

Regulation 24 heading: replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 24(1): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 24(1)(d): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 24(1)(e): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 24(1)(f): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

25 Place of application

Every application in writing in hard copy form for a permit to possess a pistol, prohibited firearm, prohibited magazine, 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.

Regulation 25: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 25: amended, on 17 January 2019, by regulation 23 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

26 Delivery of permit in writing in hard copy form

(1)

This regulation applies when a person—

(a)

applies in writing in hard copy form for a permit to possess a pistol, prohibited firearm, prohibited magazine, or restricted weapon; and

(b)

is issued with the permit; and

(c)

takes possession of that pistol, prohibited firearm, prohibited magazine, or restricted weapon under the permit.

(1A)

The person taking possession of the pistol, prohibited firearm, prohibited magazine, or restricted weapon must deliver the permit to the person handing over possession of that item.

(2)

The person handing over possession of the pistol, prohibited firearm, prohibited magazine, or restricted weapon—

(a)

shall forthwith write on the permit—

(i)

a description of the pistol, prohibited firearm, prohibited magazine, or restricted weapon, including the make, model, calibre, and serial number or identification number; and

(ii)

the date of delivery of the pistol, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, or restricted weapon.

(3)

The person obtaining possession of the pistol, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, or restricted weapon to a member of the Police for inspection.

Regulation 26 heading: amended, on 17 January 2019, by regulation 24(1) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 26(1): replaced, on 17 January 2019, by regulation 24(2) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 26(1)(a): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26(1)(c): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26(1A): inserted, on 17 January 2019, by regulation 24(2) of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 26(1A): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26(2): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26(2)(a)(i): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26(2)(a)(ii): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26(2)(b): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26(3): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

26A Delivery of permit through Internet site

(1)

This regulation applies when—

(a)

the parties to an intended transfer of possession of a pistol, prohibited firearm, prohibited magazine, or restricted weapon have completed the process set out in regulation 23(2); and

(b)

the person intending to take possession of the item is issued with a permit to possess that item and takes possession of it under the permit.

(2)

The person handing over possession of the pistol, prohibited firearm, prohibited magazine, or restricted weapon must notify the Police, through the Internet site, of the date of the transfer and the serial number or identification number of the item transferred (if that number has not already been provided under regulation 23(2)(b)(ii)) not later than 7 days after the date of the transfer.

(3)

The person taking possession of the item must—

(a)

notify the Police, through the Internet site, of the date on which the person took possession of the item, not later than 14 days after taking possession; and

(b)

present it to the Police for inspection.

(4)

The item must be presented by displaying it to a member of the Police by means of a video telecommunications (or other) system recognised by the Police, in a manner that enables the member of the Police to determine whether it is the same as the item described in the person’s application for a permit to possess and verify the serial number or identification number provided to the Police by the person handing over possession.

(5)

However, if the member of the Police is unable to confirm to their satisfaction that the pistol, prohibited firearm, prohibited magazine, or restricted weapon that they are inspecting is the same as the item described, or unable to verify the serial number or identification number to their satisfaction,—

(a)

the member of the Police may require the person to present the item for inspection at a specified Arms Office within 7 days; and

(b)

the person obtaining possession must comply with that requirement.

Regulation 26A: inserted, on 17 January 2019, by regulation 25 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Regulation 26A(1)(a): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26A(1)(b): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26A(2): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26A(4): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 26A(5): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

27 Identification numbers

(1)

Every person who hands over possession of any pistol, prohibited firearm, prohibited magazine, or restricted weapon to a person who holds a permit to possess that pistol, prohibited firearm, prohibited magazine, or restricted weapon must, if that pistol, prohibited firearm, prohibited magazine, or restricted weapon does not bear a serial number, stamp, or cause to be stamped, in clear view on the frame of that pistol, prohibited firearm, or restricted weapon, or on that prohibited magazine, before it is handed over, a number by which that pistol, prohibited firearm, prohibited magazine, 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(1): replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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, prohibited firearms, prohibited magazines, and restricted weapons

(1)

Every person who is lawfully entitled to possession of a pistol, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, or restricted weapon is kept.

(2)

Where a pistol, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, 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, prohibited firearm, prohibited magazine, 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.

Regulation 28(1): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 28(1)(c): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 28(2): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 28(3): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 28(5): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Authorisations for Commissioner to prescribe forms, etc, and give directions

Heading: inserted, on 17 January 2019, by regulation 26 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

28A Applications, etc, in electronic form must comply with other prescribed requirements

An application or other thing that, under these regulations, may be made or done electronically through an Internet site must be made or done in accordance with the requirements that the Commissioner prescribes under regulation 28B (if any) as well as the requirements specified in these regulations.

Regulation 28A: inserted, on 17 January 2019, by regulation 26 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

28B Commissioner may prescribe, approve, and require use of forms, etc

The Commissioner may prescribe or approve forms (including electronic forms) of applications, permits, licences, endorsements, registers, and other documents required for the purposes of the Act and require that those forms be used.

Regulation 28B: inserted, on 17 January 2019, by regulation 26 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

28C Commissioner may direct who may issue licences, etc, and grant endorsements

The Commissioner may direct that only certain members of the Police may issue permits or licences or grant endorsements under the Act.

Regulation 28C: inserted, on 17 January 2019, by regulation 26 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

Amnesty scheme for reclassified MSSAs[Revoked]

Heading: revoked, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

28D Commissioner may prescribe conditions on licences, etc

The Commissioner may prescribe conditions on—

(a)

a dealer’s licence:

(b)

a firearms licence:

(c)

a permit issued under section 18 of the Act:

(d)

an endorsement made under section 30 or 30B of the Act:

(e)

a permit issued under section 35 or 35A of the Act.

Regulation 28D: replaced, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Transitional and savings provisions relating to amendment Act

Heading: inserted, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

28E Definitions for transitional regulation

In regulation 28F,—

commencement means the date on which the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 comes into force

existing manufacturing business means a person that, before commencement, is in the business of manufacturing prohibited magazines or prohibited parts (or both) for the purposes of permitted supply

existing supply business means a person that, before commencement, is in the business of permitted supply

permitted supply means—

(a)

supply of prohibited magazines or prohibited parts (or both) to the Crown that is permitted under section 3(2) or (3) of the Act:

(b)

export of prohibited magazines or prohibited parts (or both) to any person that is permitted or authorised under the Customs and Excise Act 2018:

(c)

supply of prohibited magazines or prohibited parts (or both) to other persons expressly permitted or authorised under the Act to possess prohibited magazines or prohibited parts (other than by clause 5 of Schedule 1 of the Act).

Regulation 28E: inserted, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

28F Existing businesses involved in permitted supply of prohibited magazines or prohibited parts are exempt persons

(1)

Section 4A of the Act (and the definition of exempt person in section 2(1) of the Act) apply as if section 4A were modified to also list the following persons in their capacity as—

(a)

an existing manufacturing business that, for the purposes of permitted supply, manufactures prohibited magazines or prohibited parts (or both) and uses prohibited items to test and demonstrate its prohibited magazines or prohibited parts (or a person employed or engaged by that business):

(b)

an existing supply business that carries out permitted supply and uses prohibited items to test and demonstrate prohibited magazines or prohibited parts (or both) for that purpose (or a person employed or engaged by that business).

(2)

Section 5(3B) of the Act does not apply to a person referred to in subclause (1)(a) in that capacity.

(3)

This regulation applies on and from commencement until the close of 31 December 2020.

Regulation 28F: inserted, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Miscellaneous provisions

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

Regulation 29: revoked, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

29A Endorsement on mail order for sale of firearm or ammunition

A person who wishes to apply for a member of the Police to endorse a written order for a firearm or ammunition for the purposes of section 43A of the Act may submit the order—

(a)

by delivering it in hard copy form to an Arms Office; or

(b)

electronically through an Internet site.

Regulation 29A: inserted, on 17 January 2019, by regulation 27 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

30 Photographs

(1)

A person who is required to supply a photograph under section 34A of the Act must supply a photograph that—

(a)

has been taken not more than 12 months before the date on which the person supplies it; and

(b)

is a full frontal view of the person’s face, head, and shoulders, with the head filling most of the photograph; and

(c)

is of the person without a hat or head covering (except where the person’s religion requires the wearing of a hat or head covering); and

(d)

has a plain, light-coloured background; and

(e)

is a colour photograph; and

(f)

is a good likeness of the person.

(2)

The requirements in subclauses (3) and (4) are additional to the requirements in subclause (1).

(3)

A person who makes an application in writing in hard copy form and is required to supply 1 or more photographs for the purposes of the application must comply with the following requirements:

(a)

each photograph must be delivered by hand, in hard copy form, to the Arms Office at which the person is making, or has made, the application; and

(b)

each photograph supplied must be—

(i)

45 mm by 35 mm untrimmed; and

(ii)

on good-quality paper; and

(iii)

if the person is required to supply more than 1 photograph, identical to each other photograph supplied.

(4)

A person who makes an application electronically through an Internet site and is required to supply a photograph must supply, in the manner prescribed by the Commissioner, a digital photograph that complies with the requirements in subclause (1)(a) to (f) and any technical requirements prescribed by the Commissioner.

Regulation 30: replaced, on 17 January 2019, by regulation 28 of the Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271).

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 123A 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 in accordance with the Corrections Regulations 2005.

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

Regulation 30A(1) pepper spray: amended, on 1 July 2017, by regulation 6(2) of the Corrections Amendment Regulations 2017 (LI 2017/113).

Regulation 30A(2): amended, on 1 July 2017, by regulation 6(3) of the Corrections Amendment Regulations 2017 (LI 2017/113).

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, prohibited magazines, prohibited parts, 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, prohibited magazines, prohibited parts, 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).

Regulation 31A(1): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Regulation 31A(2)(a): amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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, prohibited magazine, prohibited part, 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).

Regulation 31B: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

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

The fees prescribed by these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

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)
[Revoked]

200.00200.00

Schedule: amended, on 12 April 2019, by section 74 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Bob MacFarlane,
Acting for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

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, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12): section 74

Arms (Electronic Transactions) Amendment Regulations 2018 (LI 2018/271)

Corrections Amendment Regulations 2017 (LI 2017/113): regulation 6

Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 (2012 No 117): sections 15–20

Criminal Procedure Act 2011 (2011 No 81): section 413

Arms Amendment Regulations 2009 (SR 2009/373)

Corrections Act 2004 (2004 No 50): section 207

Arms Amendment Regulations 1998 (SR 1998/466)

Arms Amendment Regulations 1998 (SR 1998/155)

Public Finance Act 1989 (1989 No 44): section 65R(3)