Supplementary Order Paper No 201

No 201

House of Representatives

Supplementary Order Paper

Wednesday, 10 April 2019

Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill

Proposed amendments for the consideration of the Committee of the whole House

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Explanatory note

This Supplementary Order Paper (SOP) amends the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill (the Bill).

This note explains the substantive amendments. Other amendments set out in this SOP are minor and technical, for example, to make further consequential amendments, improve clarity, or correct errors.

Clause 5: new section 2D, which relates to the meaning of prohibited ammunition, is amended to clarify that the declaration of prohibited ammunition is made by Order in Council under new section 74A.

Clause 8: new section 4A is amended to add 2 limited classes of persons who may possess or use prohibited items in accordance with the provisions of the Arms Act 1983 (the principal Act), being—

  • persons to whom a prohibited item has special significance as an heirloom or a memento (new section 4A(1)(ba)):

  • persons whose sole business, or a substantial part of whose business, is providing services to control any prescribed wild animals or animal pests or a person employed or engaged by that person for that purpose (new section 4A(1)(h)).

New clause 9A: new section 6A is inserted to impose conditions on a dealer’s licence that correspond to the conditions of endorsements on firearm licence holders set out in clause 29: new section 31A.

Clause 19: new section 18(2B) is amended to clarify that a permit to import a prohibited item may be issued to a person other than a licensed dealer only if the Commissioner of Police is satisfied that there are special reasons why the item should be allowed in New Zealand and the person is a holder of a firearms licence that bears an endorsement permitting the person to possess the prohibited item.

Clause 22 is amended to insert new section 19(2), which provides that a member of the Police or Customs officer may seize prohibited ammunition that, without reasonable excuse, has been brought into New Zealand.

New clause 24A amends section 28 to provide that the holder of a firearms licence that has been revoked or surrendered must deliver to the Police every prohibited magazine and prohibited part in their possession, as well as every firearm, pistol, or restricted weapon in their possession.

Clause 27 is amended to insert new section 30B(1A), which provides that an exempt person who applies for an endorsement in respect of a prohibited firearm or prohibited magazine that has special significance to them as an heirloom or a memento must satisfy the following 2 criteria:

  • that they are a fit and proper person to possess the prohibited firearm or prohibited magazine; and

  • that in all the circumstances it is reasonable that they be granted the endorsement.

Clause 31: new section 33A(1)(a)(iii) and (2) is amended to provide that it is a condition of an endorsement made under new section 30B on a firearms licence held by an exempt person described in new section 4A(1)(b), (ba), (c), or (d) that not only the prohibited firearm be rendered inoperable by the removal of a vital part, but that the vital part be kept at a separate address approved by the Police.

Clause 36: new section 35A(2) is amended to clarify the criteria applying to an application for a permit to possess a prohibited firearm or prohibited magazine made by a licensed dealer or by other persons.

Clause 42: new section 43AA is amended to provide that the penalty for possessing, selling, or supplying prohibited ammunition without reasonable excuse is a term of imprisonment not exceeding 2 years (rather than 5 years) to better align with other offences.

Clause 49: new section 50C is amended to better align with other offences relating to prohibited parts and to provide that a person is only guilty of the offence provision relating to the unlawful possession of a prohibited part if they do not have a reasonable excuse.

Clause 61 amends section 66 so that the reverse onus of proof in that section does not apply to the offence relating to the unlawful possession of prohibited parts.

Clause 65, which amends section 74, is amended to insert 2 new regulation-making powers into section 74 to support the exemptions in new section 4A. New section 74(1)(lb) provides for regulations prescribing limits for the exemptions relating to wild animal and animal pest control set out in new section 4A(1)(e) to (h) and new section 74(1)(lc) provides for regulations prescribing wild animals and animal pests for the purposes of the exemption set out in new section 4A(1)(h). New section 74(1)(ra) provides for transitional exemptions and other matters if an Order in Council is made under new section 74A.

Clause 66 is amended—

  • to provide that an Order in Council made under new section 74A may only amend a definition of a prohibited firearm in new section 2A or prohibited magazine in new section 2B, rather than amend or replace those definitions:

  • to insert new section 74C, which authorises regulations to be made providing for transitional and savings provisions concerning the coming into force of the Bill that are necessary or desirable for the orderly implementation of the Bill. This section is repealed, and any regulations made under this section are revoked, on 31 December 2020. This power would enable limited relief to be granted on a transitional basis to enable the more orderly implementation of the Bill (for example, see new regulation 28F inserted by Schedule 3).

New Schedule 1, which sets out transitional, savings, and related provisions relating to the enactment of the Bill, is amended to include the following transitional provisions that apply on the commencement of this Bill (commencement):

  • permits to import issued prior to commencement are revoked to the extent that those permits authorise the importation of firearms or magazines that, when they arrive in New Zealand after commencement, will be prohibited items:

  • prohibited items that are subject to the control of the New Zealand Customs Service at commencement will be treated as prohibited goods and may be delivered to the Police, after which those items cease to be subject to the control of the New Zealand Customs Service:

  • prohibited items delivered or otherwise surrendered to the Police on or after 3 pm on 21 March 2019 become the property of the Crown and compensation for those items may be paid in accordance with any regulations made under clause 5 of Schedule 1:

  • regulations may be made under clause 5 of Schedule 1 on the recommendation of the Minister of Police establishing 1 or more schemes for the purpose of paying compensation in respect of prohibited items that are delivered to or otherwise surrendered to a member of the Police during the amnesty period or any specified period or periods:

  • the regulations may—

    • apply to 1 or more classes of licence holders or other persons lawfully in possession of prohibited items:

    • apply to 1 or more classes of prohibited items:

    • specify criteria or conditions that must be satisfied for entitlement to compensation:

    • limit the right of compensation in specified circumstances:

    • provide for the Commissioner of Police to determine the amount of compensation to be paid for a prohibited item, including by issuing a schedule of compensation amounts or determining the method by which the amount of compensation to be paid for a prohibited item is calculated:

    • impose conditions on any payment of compensation:

    • specify the criteria that may be applied by the Commissioner when determining or assessing the compensation payable in respect of a prohibited item:

    • confer rights of review and appeal against any compensation, determination, or assessment.

Schedule 3 of the Bill, which consequentially amends the Arms Regulations 1992, is amended to insert new regulations 2C, 28E, and 28F into those regulations. New regulation 2C prescribes wild animals and animal pests for the purposes of new section 4A(1)(h) of the principal Act. New regulations 28E and 28F are transitional regulations. They enable existing businesses involved in the manufacture or supply of prohibited magazines or prohibited parts to continue to do so (and to use prohibited firearms for testing and demonstration purposes) as long as the supply is to the Crown, for permitted export purposes, or to other exempt persons.

Departmental disclosure statement

The New Zealand Police are required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. It provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.

The Honourable Stuart Nash, in Committee, to propose the amendments shown in the following document.

Hon Stuart Nash

Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill

Government Bill

125—1

Contents

1Title
2Commencement
3Principal Act
4Section 2 amended (Interpretation)
5New sections 2A to 2D inserted
2AMeaning of prohibited firearm
2BMeaning of prohibited magazine
2CMeaning of prohibited part
2DMeaning of prohibited ammunition
6Section 3 amended (Act to bind the Crown)
7New section 3A inserted (Transitional, savings, and related provisions)
3ATransitional, savings, and related provisions
8New section 4A inserted (Persons who may apply to import, sell, supply, and possess or use prohibited items)
4APersons who may apply to import, sell, supply, and possess possess, or use prohibited items
9Section 5 amended (Dealers to be licensed)
9ANew section 6A inserted (Conditions of dealer’s licence)
6AConditions of dealer’s licence
10Section 10 replaced (Restriction on possession of pistol or restricted weapon by licensed dealer)
10Restriction on possession of pistol, prohibited items, or restricted weapon, or prohibited item by licensed dealer
11Section 11 amended (Dealers and their employees and agents to hold firearms licences)
12Section 12 amended (Record of dealings by licensed dealers)
13Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, and restricted weapons held by licensed dealers)
14Section 14 amended (Disposal of firearms, ammunition, airguns, pistols, and restricted weapons of dealer whose licence is revoked)
15Section 15 amended (Offence for licensed dealer to carry on business following revocation of his licence)
15ACross-heading above section 16 replaced
16Section 16 amended (Offence to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons without permit)
17New section 16A inserted (Offence to import prohibited ammunition)
16AOffence to import prohibited ammunition
18Section 17 amended (Burden of proof)
19Section 18 amended (Issue of permits to import firearms, parts of firearms, or restricted airguns)
20Section 18A amended (Expiration of permits to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons)
21Section 18B amended (Samples)
22Section 19 amended (Seizure of illegally imported items)
23Section 20 amended (Restrictions on possession of firearms)
24Section 22 amended (Exemptions)
24ASection 28 amended (Effect of revocation or surrender of firearms licence)
25Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
26Section 30A amended (Application for endorsement in respect of military style semi-automatic firearm)
27Section 30B replaced (Power to make endorsement in respect of military style semi-automatic firearm)
30BPower to make endorsement in respect of prohibited firearm or prohibited magazine
28Section 31 amended (Possession of firearm, pistol, military style semi-automatic firearm, or restricted weapon for stage, film, or television purposes)
29New section 31A inserted (Conditions of endorsements)
31AConditions of endorsements
30Section 32 amended (Conditions of endorsements)
31Section 33A replaced (Conditions of endorsement in respect of military style semi-automatic firearms)
33AFurther conditions of endorsement in respect of prohibited firearm or prohibited magazine
32Section 33B amended (Revocation of endorsement in respect of military style semi-automatic firearms)
33Section 34 amended (Notification of change of address)
34Cross-heading above section 35 replaced
35Section 35 amended (Issue of permit to procure pistol, military style semi-automatic firearm, or restricted weapon)
36New section 35A inserted (Issue of permit to possess prohibited firearm or prohibited magazine)
35AIssue of permit to possess prohibited firearm or prohibited magazine
37Section 38 amended (Removal of pistol, military style semi-automatic firearm, or restricted weapon out of New Zealand)
38Cross-heading above section 39 replaced
39Section 39 amended (Loss, theft, or destruction)
40Section 40 amended (On demand by Police person in possession of firearm, airgun, pistol, or restricted weapon to give name, address, and date of birth)
41Section 43 amended (Selling or supplying firearm or airgun to unlicensed person)
42New section 43AA inserted (Possessing, selling, or supplying prohibited ammunition)
43AAPossessing, selling, or supplying prohibited ammunition
43Section 43A amended (Mail order sale of firearm or ammunition)
44Section 44 amended (Selling or supplying pistol, military style semi-automatic firearm, or restricted weapon to person who does not hold permit to import or to procure)
45New sections 44A and 44B inserted
44AOffence to sell or supply prohibited firearm or prohibited magazine
44BOffence to sell or supply prohibited part
46Section 45 amended (Carrying or possession of firearms, airguns, pistols, restricted weapons, or explosives, except for lawful, proper, and sufficient purpose)
47Section 49A amended (Unlawful possession of firearm or airgun after revocation of firearms licence)
48Section 50 amended (Unlawful possession of pistol, military style semi-automatic firearm, or restricted weapon)
49New sections 50A to 50D inserted
50AUnlawful possession of prohibited firearm
50BUnlawful possession of prohibited magazine
50CUnlawful possession of prohibited part
50DUnlawfully carrying or possessing prohibited firearm in public place
50Section 51 amended (Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, explosive, or restricted weapon)
51New section 51A inserted (Presenting prohibited firearm at other person)
51APresenting prohibited firearm at other person
52Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
53New section 53A inserted (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
53AUse or attempted use of prohibited firearm to resist or prevent arrest or commit offence
54Section 54 amended (Use or attempted use of firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive to resist or prevent arrest or commit offence)
55New section 54A inserted (Carrying prohibited firearm with criminal intent)
54ACarrying prohibited firearm with criminal intent
56Section 55 amended (Carrying firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with criminal intent)
57New section 55A sections 55A and 55B inserted(Offence to use prohibited part to build prohibited firearm)
55AOffence to assemble prohibited firearm
55BOffence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc
58New sections 59A and 59B and cross-heading inserted
59ASurrender by licensed dealer of firearms, etc
59BVoluntary delivery to Police of firearms, etc
59Section 62 amended (Right of appeal from official decisions)
59ASection 63 amended (Appeal to District Court Judge in respect of compensation)
60Section 65 amended (Restoration of articles seized)
61Section 66 amended (Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein)
62Section 69 amended (Forfeitures)
63Section 70 amended (Authorising disposal of firearms, etc, detained by Police)
64Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)
65Section 74 amended (Regulations)
66Sections 74A and 74B replaced
74AOrder in Council relating to definitions of prohibited firearm, and prohibited magazine, and declaring prohibited ammunition
74BOrders under section 74A are confirmable instruments
74CRegulations providing for transitional matters
67Section 77 repealed (Repeals)
68Schedule replaced
69Consequential amendments to other enactments
70Consequential amendments to Arms Regulations 1992
71Revocation

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Arms Act 1983 (the principal Act).

Part 1 Amendments to principal Act

4 Section 2 amended (Interpretation)

(1)

In section 2(1), insert in their appropriate alphabetical order:

exempt person means a person listed in section 4A(1)

prohibited ammunition means ammunition declared by Order in Council under has the meaning given in section 2D to be prohibited ammunition

prohibited firearm has the meaning given in section 2A

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

prohibited magazine has the meaning given in section 2B

prohibited part has the meaning given in section 2C

(2)

In section 2(1), repeal the definition of military style semi-automatic firearm.

(3)

In section 2(1), replace the definition of part with:

part

(a)

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

(b)

in relation to a prohibited firearm, includes any thing, such as a butt, stock, magazine (other than a prohibited magazine), silencer, or sight, that, although not essential for the discharge by the prohibited firearm of any shot, bullet, missile, or other projectile, is designed to be, or is intended to be, an integral part of the prohibited firearm; and

(c)

in relation to any other firearm (other than a pistol, restricted weapon, or prohibited firearm), means the action for that firearm and for any firearm that, if relevant, has upper and lower receivers, includes the upper receiver and lower receiver, whether together or individually; and

(d)

in relation to any firearm, includes any thing, such as bolt carrier group parts, trigger group parts, lower parts kits, barrel, gas block, gas tube, folding or telescoping stock, magazine loader, sub-calibre conversion kits, and carbine stock

(4)

In section 2(1), definition of restricted airgun, replace “a restricted weapon, or a military style semi-automatic firearm” with “prohibited firearm, or restricted weapon” in each place.

(5)

In section 2(2), replace “military style semi-automatic firearm,” with “prohibited firearm, in each place.

5 New sections 2A to 2D inserted

After section 2, insert:

2A Meaning of prohibited firearm

In this Act, unless the context otherwise requires, prohibited firearm

(a)

means any of the following firearms:

(i)

a semi-automatic firearm (except a pistol), other than—

(A)

a semi-automatic firearm that is capable of firing only 0.22 calibre or less lower rimfire cartridges and that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with that firearm’s chamber size:

(B)

a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size:

(ii)

a pump-action shotgun that is capable of being used with a detachable magazine:

(iii)

a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size; and:

(b)

includes any other firearm declared by Order in Council made under section 74A to be a prohibited firearm for the purposes of this Act.

2B Meaning of prohibited magazine

In this Act, unless the context otherwise requires, prohibited magazine,—

(a)

in relation to a shotgun, means a magazine, whether or not detachable, that is capable of holding more than 5 cartridges commensurate with that shotgun’s chamber size:

(b)

in relation to any other firearm (except a pistol),—

(i)

means any detachable magazine—

(A)

that is capable of holding 0.22 calibre or less lower rimfire cartridges and that is capable of holding more than 10 of those cartridges:

(B)

that is capable of holding more than 10 cartridges and being used with a semi-automatic or fully automatic firearm:

(ii)

means any other magazine, whether or not detachable, that is capable of holding more than 10 cartridges; and:

(c)

includes any other magazine declared by Order in Council made under section 74A to be a prohibited magazine for the purposes of this Act.

2C Meaning of prohibited part

In this Act, unless the context otherwise requires, prohibited part means—

(a)

a part of a prohibited firearm:

(b)

a component that can be applied to enable, or take significant steps towards enabling, a firearm to be fired with, or near to, a semi-automatic or automatic action.

2D Meaning of prohibited ammunition

In this Act, prohibited ammunition means any ammunition declared by the Governor-Governor Governor-General by Order in Council made under section 74A to be prohibited ammunition for the purposes of this Act.

6 Section 3 amended (Act to bind the Crown)

In section 3(2) and (3), after “pistols,”, insert prohibited magazines, prohibited parts,” in each place.

7 New section 3A inserted (Transitional, savings, and related provisions)

After section 3, insert:

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

8 New section 4A inserted (Persons who may apply to import, sell, supply, and possess or use prohibited items)

After section 4, insert:

4A Persons who may apply to import, sell, supply, and possess possess, or use prohibited items

(1)

Only the following persons may apply to import, sell, supply, or possess possess, or use a prohibited item in accordance with the provisions of this Act and in their capacity as—

(a)

a licensed dealer or an employee or agent of a licensed dealer:

(b)

a bona fide collector of firearms:

(ba)

a person to whom the prohibited item has special significance as an heirloom or a memento:

(c)

a director or curator of a bona fide museum:

(d)

an approved person employee or approved member referred to in section 29(2)(e):

(e)

a person who is employed or engaged by the Department of Conservation and involved in the killing or hunting of operations for the purpose of controlling wild animals or animal pests in accordance with a specified Act (subject to prescribed limits, if any):

(f)

a person who is the holder of a concession granted by the Minister of Conservation to undertake wild animal recovery operations in accordance with a specified Act (subject to prescribed limits, if any):

(g)

a person who is employed or engaged by a management agency (as defined in section 100 of the Biosecurity Act 1993) and involved in the killing or hunting of operations for the purpose of controlling wild animals or animal pests in accordance with that Act (subject to prescribed limits, if any):

(h)

a person whose sole business, or a substantial part of whose business, is providing services to control any prescribed wild animals or animal pests, or a person employed or engaged by that person for that purpose (subject to prescribed limits, if any).

(2)

In subsection (1)(e) and (f), specified Act means—

(a)

the Wildlife Act 1953:

(b)

the Wild Animal Control Act 1977:

(c)

the Conservation Act 1987:

(d)

the Biosecurity Act 1993.

9 Section 5 amended (Dealers to be licensed)

(1)

Replace section 5(1) with:

(1)

No person may, unless they hold a dealer’s licence under this Act issued by a commissioned officer of the Police,—

(a)

in the way of business sell any firearm, prohibited magazine, prohibited part, airgun, pistol, or restricted weapon; or

(b)

manufacture for sale any firearm, prohibited magazine, prohibited part, airgun, pistol, or restricted weapon.

(1A)

In section 5(3), after firearms,, insert prohibited magazines,.

(2)

After section 5(3A), insert:

(3B)

Despite subsections (1) to (3), no dealer’s licence may be issued for the manufacture for sale of prohibited items.

9A New section 6A inserted (Conditions of dealer’s licence)

After section 6, insert:

6A Conditions of dealer’s licence

(1)

Every dealer’s licence is issued subject to the conditions that any person who is in possession of a pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine by virtue of that licence must

(a)

produce that pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine to any member of the Police on demand; and

(b)

permit the member of Police to inspect the pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine 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 subsection (1)

(a)

to identify themselves to the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine; and

(b)

to tell the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine that the power is being exercised under subsection (1); and

(c)

if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.

10 Section 10 replaced (Restriction on possession of pistol or restricted weapon by licensed dealer)

Replace section 10 with:

10 Restriction on possession of pistol, prohibited items, or restricted weapon, or prohibited item by licensed dealer

(1)

No licensed dealer may take a pistol, prohibited firearm, prohibited magazine, or restricted weapon, prohibited firearm, or prohibited magazine into their possession for sale unless the licensed dealer obtains it—

(a)

pursuant to a permit issued for the purposes of section 16(1) section 16(1) or under section 35 or 35A; and

(b)

either—

(i)

from a holder of a firearms licence that bears an endorsement made under section 30 or 30B; or

(ii)

from another licensed dealer.

(2)

No licensed dealer may take a prohibited part into their possession for sale unless the licensed dealer obtains it—

(a)

from a holder of a firearms licence that bears an endorsement made under section 30B; or

(b)

pursuant to a permit issued for the purposes of section 16(1) section 16(1); or

(c)

from another licensed dealer.

(3)

Every person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $2,000.

(4)

Subsection (3) is subject to section 59A(1).

11 Section 11 amended (Dealers and their employees and agents to hold firearms licences)

In section 11(1), after “pistol,”, insert “prohibited item,”.

12 Section 12 amended (Record of dealings by licensed dealers)

(1)

In section 12(1), after “pistols,” insert “prohibited items,”.

(2)

In section 12(2), after “pistols,” insert “prohibited items,” in each place.

(3)

After section 12(3), insert:

(4)

Subsection (3) is subject to section 59A(2).

13 Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, and restricted weapons held by licensed dealers)

(1)

In the heading to section 13, after pistols,, insert prohibited items,.

(2)

In section 13(1), (2), (4), and (5), after “pistols,”, insert “prohibited items,”.

(3)

In section 13(2), (4), and (5), after pistols,, insert prohibited items,.

14 Section 14 amended (Disposal of firearms, ammunition, airguns, pistols, and restricted weapons of dealer whose licence is revoked)

(1)

In the heading to section 14, after pistols,, insert prohibited items,.

(2)

In section 14, after “pistols,”, insert “prohibited items,”.

15 Section 15 amended (Offence for licensed dealer to carry on business following revocation of his licence)

(1)

In section 15(1), after “pistol,”, insert “prohibited item,”.

(2)

In section 15(2), after “pistols,”, insert “prohibited items,” .

15A Cross-heading above section 16 replaced

Replace the cross-heading above section 16 with:

Importation of firearms and ammunition

16 Section 16 amended (Offence to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons without permit)

(1)

Replace the heading to section 16 with Offence to import firearms, etc, without permit.

(2)

Replace section 16(1) with:

(1)

A person must have a permit to bring or cause to be brought or sent into New Zealand any of the following items:

(a)

a firearm (other than a prohibited firearm), pistol, starting pistol, restricted airgun, or restricted weapon:

(b)

any part of a firearm (other than a prohibited firearm), pistol, starting pistol, or restricted weapon:

(c)

a prohibited item.

(3)

In section 16(3), replace “subsection (1)” with “subsection (1)(a) and or (b).

(4)

After section 16(3), insert:

(4)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who acts in contravention of subsection (1)(c).

17 New section 16A inserted (Offence to import prohibited ammunition)

After section 16, insert:

16A Offence to import prohibited ammunition

(1)

A person must not, without reasonable excuse, bring or cause to be brought or sent into New Zealand any prohibited ammunition.

(2)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who acts in contravention of subsection (1).

18 Section 17 amended (Burden of proof)

In section 17, replace “section 16 of this Act” with section 16(1)(a) or (b).

19 Section 18 amended (Issue of permits to import firearms, parts of firearms, or restricted airguns)

(1)

Replace the heading to section 18 with Issue of permit to import.

(2)

Replace section 18(1) and (2) with:

(1)

A member of the Police to whom an application is made for the issue of a permit for the purposes of section 16(1) may require the applicant to produce for examination and testing samples of any firearms, pistols, starting pistols, restricted airguns, prohibited magazines, prohibited parts, or restricted weapons of any kind referred to in the application that the member of the Police considers necessary.

(2)

A member of the Police may grant an application for the issue of a permit for the purposes of section 16(1) in respect of the following items:

(a)

any firearm (other than a prohibited firearm referred to in subsection (2A)) or starting pistol; or

(b)

any part of an item described in paragraph (a).

(2A)

The Commissioner may grant an application for the issue of a permit for the purposes of section 16(1) in respect of the following items:

(a)

a pistol, prohibited item, restricted airgun, or restricted weapon; or

(b)

any part of a pistol, restricted airgun, or restricted weapon.

(2B)

The Commissioner may issue a permit under subsection (2A) only if—

(a)

the Commissioner is satisfied that there are special reasons why the item should be allowed into New Zealand; and

(b)

in the case of an application by a licensed dealer in respect of a prohibited item, the Commissioner is satisfied that the dealer is acting as an agent for a person who is the holder of a firearms licence that bears an endorsement made under section 30B that permits the person to possess the prohibited item.

(b)

in case of an application by

(i)

a licensed dealer in respect of a prohibited item, the Commissioner is satisfied that the dealer is acting as an agent for a person who is the holder of a firearms licence that bears an endorsement made under section 30B that permits the person to possess the prohibited item; or

(ii)

a person other than a licensed dealer in respect of a prohibited item, the person is the holder of a firearms licence that bears an endorsement under section 30B that permits the person to possess the prohibited item.

(2C)

If the application for the issue of a permit for the purposes of section 16(1) is in relation to a prohibited part that may be used by a licence holder on or with a firearm that is not a prohibited firearm (a non-prohibited firearm), the Commissioner—

(a)

must be satisfied that the part will only be used by the licence holder with or on a non-prohibited firearm; and

(b)

may impose conditions on the permit that enable the Police to verify the use of that part.

20 Section 18A amended (Expiration of permits to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons)

Replace the heading to section 18A with Expiry of permits to import.

21 Section 18B amended (Samples)

In section 18B(1), (2), and (3), replace “military style semi-automatic firearm” with “prohibited item” in each place.

22 Section 19 amended (Seizure of illegally imported items)

(1)

In section 19, replace “military style semi-automatic firearm” with “prohibited item” in each place.

(2)

In section 19, insert as subsection (2):

(2)

A member of the Police or an officer of the New Zealand Customs Service who suspects on reasonable grounds that any prohibited ammunition has been brought or sent into New Zealand in breach of section 16A

(a)

may seize and detain the prohibited ammunition; and

(b)

in effecting the seizure, may use any reasonably necessary force.

23 Section 20 amended (Restrictions on possession of firearms)

In section 20(2), replace or a military style semi-automatic firearm or a restricted weapon with , prohibited item, or restricted weapon.

24 Section 22 amended (Exemptions)

In section 22(2)(a), after pistol, insert , prohibited firearm,.

In section 22(2)(a), replace pistol or a with pistol, prohibited firearm, or.

24A Section 28 amended (Effect of revocation or surrender of firearms licence)

(1)

In section 28(1) and (2), after pistol,, insert prohibited magazine, prohibited part,.

(2)

In section 28(3) and (4), after pistols, insert prohibited magazines, prohibited parts,.

25 Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)

In section 30, insert as subsection (2):

(2)

A person whose firearms licence bears an endorsement made under this section is not entitled to lawfully possess a pistol or restricted weapon until—

(a)

the person is issued with a permit for the purposes of section 16(1) to bring or cause to be brought or sent into New Zealand a pistol or restricted weapon; or

(b)

the endorsement is made specific to the pistol or restricted weapon in respect of which a permit has been issued under section 35.

26 Section 30A amended (Application for endorsement in respect of military style semi-automatic firearm)

(1)

Replace the heading to section 30A with Application for endorsement in respect of prohibited firearm or prohibited magazine.

(2)

Replace section 30A(1) with:

(1)

An exempt person who is of or over the age of 18 years, and who is a holder of a firearms licence or is applying for a firearms licence, may apply for an endorsement on their licence permitting them to possess a prohibited firearm or prohibited magazine in their capacity as an exempt person.

(3)

After section 30A(2), insert:

(2A)

An application must state in which capacity referred to in section 4A(1) the applicant is an exempt person.

27 Section 30B replaced (Power to make endorsement in respect of military style semi-automatic firearm)

Replace section 30B with:

30B Power to make endorsement in respect of prohibited firearm or prohibited magazine

(1)

On receiving an application under section 30A, a member of the Police may, subject to any direction of the Commissioner, make an endorsement on the applicant’s firearms licence permitting the applicant to possess a prohibited firearm or prohibited magazine if the member of the Police is satisfied that—

(a)

the applicant is a fit and proper person to possess a prohibited firearm or prohibited magazine to which the application relates; and

(b)

it is necessary appropriate for the applicant, in their capacity as an exempt person, to possess a prohibited firearm or prohibited magazine.

(1A)

In the case of an application made by an exempt person described in section 4A(1)(ba), the member of the Police must, before making an endorsement, be satisfied

(a)

of the matters in subsection (1)(a); and

(b)

that in all the circumstances it is reasonable to grant the endorsement.

(2)

In the case of an application made by an exempt person described in section 4A(1)(d), the member of the Police must, before making the an endorsement, be satisfied—

(a)

of the matters in subsection (1); and

(b)

that the possession of a prohibited firearm or prohibited magazine by the applicant is required for the purpose of—

(i)

making a broadcast; or

(ii)

producing or staging a play; or

(iii)

filming a cinematic production or television film or making a video recording.

(3)

In the case of an application made by an exempt person described in section 4A(1)(e), (f), or (g), or (h), the member of the Police must, before making an endorsement, be satisfied—

(a)

of the matters in subsection (1); and

(b)

that the exempt person has a genuine need to possess the prohibited firearm or prohibited magazine; and

(c)

that the prohibited firearm or prohibited magazine will be used by the exempt person solely for the purpose of controlling wild animals or animal pests; and

(d)

that that purpose cannot effectively be achieved by the use of a non-prohibited firearm or non-prohibited magazine.

(4)

A person whose firearms licence bears an endorsement made under this section is not entitled to lawfully possess a prohibited firearm or prohibited magazine until—

(a)

the person is issued with a permit for the purposes of section 16(1) to bring or cause to be brought or sent into New Zealand a prohibited firearm or prohibited magazine; or

(b)

the endorsement is made specific to the prohibited firearm or prohibited magazine in respect of which a permit has been issued under section 35A.

28 Section 31 amended (Possession of firearm, pistol, military style semi-automatic firearm, or restricted weapon for stage, film, or television purposes)

(1)

In the heading to section 31, replace military style semi-automatic firearm with prohibited item.

(2)

In section 31, replace “military style semi-automatic firearm” with “prohibited item” in each place.

29 New section 31A inserted (Conditions of endorsements)

After section 31, insert:

31A Conditions of endorsements

(1)

Every endorsement is granted subject to the conditions that any person who is in possession of a pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine by virtue of that endorsement must—

(a)

produce that pistol, restricted weapon, prohibited firearm, or prohibited magazine to any member of the Police on demand; and

(b)

permit the member of the Police to inspect the pistol, restricted weapon, prohibited firearm, or prohibited magazine 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 subsection (1)

(a)

to identify himself or herself themselves to the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine; and

(b)

to tell the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine that the power is being exercised under subsection (1); and

(c)

if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.

30 Section 32 amended (Conditions of endorsements)

Replace the heading to section 32 with Further conditions of endorsements in respect of pistols and restricted weapons.

31 Section 33A replaced (Conditions of endorsement in respect of military style semi-automatic firearms)

Replace section 33A with:

33A Further conditions of endorsement in respect of prohibited firearm or prohibited magazine

(1)

An endorsement on a firearms licence in respect of a prohibited firearm or prohibited magazine made under section 30B is subject to the following conditions:

(a)

the holder of the firearms licence may only possess and use the prohibited item firearm or prohibited magazine in their capacity as an exempt person; and

(b)

the holder of the firearms licence must observe in respect of every prohibited item firearm or prohibited magazine in their possession all security precautions required by regulations made under this Act; and

(c)

the holder of the firearms licence who is an exempt person under section 4A(1)(b), (ba), (c), or (d) must—

(i)

not use live ammunition in the prohibited firearm in their possession; and

(ii)

ensure that the prohibited firearm is—

(A)

rendered inoperable by removal of a vital part; and

(B)

maintained, by reason of the removal of the vital part, in an inoperable condition; and

(iii)

ensure that the removed vital part is kept at a separate address from the prohibited firearm; and

(d)

any other conditions regarding the use and custody of the prohibited item in their possession that the Commissioner thinks necessary.

(2)

In subsection (1)(c)(iii), separate address means an address approved by a member of the Police.

32 Section 33B amended (Revocation of endorsement in respect of military style semi-automatic firearms)

(1)

Replace the heading to section 33B with Revocation of endorsement in respect of prohibited firearm or prohibited magazine.

(2)

In section 33B(2), replace “military style semi-automatic firearm” with “prohibited firearm or prohibited magazine”.

33 Section 34 amended (Notification of change of address)

In section 34(2), replace “military style semi-automatic firearm” with “prohibited firearm or, prohibited magazine” in each place.

34 Cross-heading above section 35 replaced

Replace the cross-heading above section 35 with:

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

35 Section 35 amended (Issue of permit to procure pistol, military style semi-automatic firearm, or restricted weapon)

(1)

Replace the heading to section 35 with Issue of permit to possess pistol or restricted weapon.

(2)

In section 35(1) and (2), delete “, military style semi-automatic firearm,” in each place.

(3)

In section 35(1) and (2), replace “procure” with “possess”.

(4)

In section 35(2)(b), delete or section 30B.

36 New section 35A inserted (Issue of permit to possess prohibited firearm or prohibited magazine)

After section 35, insert:

35A Issue of permit to possess prohibited firearm or prohibited magazine

(1)

A permit to possess a prohibited firearm or prohibited magazine may be issued only by a member of the Police acting under a direction of the Commissioner.

(2)

A permit to possess a prohibited firearm or prohibited magazine may be issued if the member of the Police to whom the application is made is satisfied that it is necessary for the applicant to possess the prohibited firearm or prohibited magazine, and the applicant is the holder of

(a)

a dealer’s licence; or

(b)

a firearms licence that bears an endorsement made under section 30B that permits the applicant to possess a prohibited firearm or prohibited magazine.

(2)

A permit to possess a prohibited firearm or prohibited magazine may be issued if

(a)

the applicant is the holder of a dealer’s licence; or

(b)

the applicant is not the holder of a dealer’s licence, but

(i)

is the holder of a firearms licence; and

(ii)

that licence bears an endorsement made under section 30B that permits the applicant to possess a prohibited firearm or prohibited magazine; and

(iii)

the member of the Police to whom the application is made is satisfied that it is appropriate for the applicant to possess the prohibited firearm or prohibited magazine.

(3)

Unless sooner revoked, a permit issued under this section remains in force for the period specified in the permit, which must not exceed 1 month.

(4)

A permit may at any time be revoked by a commissioned officer of Police.

37 Section 38 amended (Removal of pistol, military style semi-automatic firearm, or restricted weapon out of New Zealand)

(1)

In the heading to section 38, replace military style semi-automatic firearm with prohibited firearm, prohibited magazine.

(2)

In section 38(1), replace “military style semi-automatic firearm” with “prohibited firearm or, prohibited magazine”.

38 Cross-heading above section 39 replaced

Replace the cross-heading above section 39 with:

Miscellaneous obligations

39 Section 39 amended (Loss, theft, or destruction)

Replace section 39(1) with:

(1)

This section applies if—

(a)

a firearm, pistol, prohibited magazine, prohibited part, or restricted weapon is lost or stolen; or

(b)

a firearm, pistol, prohibited firearm, prohibited magazine, prohibited part, or restricted weapon is destroyed.

(1A)

The owner of the firearm, pistol, prohibited magazine, prohibited part, or restricted weapon must—

(a)

immediately give written notice of the loss, theft, or destruction to a member of the Police; and

(b)

give all information in their possession relating to the loss, theft, or destruction to a member of the Police.

40 Section 40 amended (On demand by Police person in possession of firearm, airgun, pistol, or restricted weapon to give name, address, and date of birth)

(1)

Replace the heading to section 40 with Person in possession of firearm, etc, must give identifying information to Police.

(2)

In section 40(1), after “pistol,”, insert “prohibited magazine, prohibited part,.

41 Section 43 amended (Selling or supplying firearm or airgun to unlicensed person)

In section 43(1)(a) and (3)(a), replace “military style semi-automatic firearm” with “prohibited item”.

42 New section 43AA inserted (Possessing, selling, or supplying prohibited ammunition)

After section 43, insert:

43AA Possessing, selling, or supplying prohibited ammunition

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years 2 years who, without reasonable excuse,

(a)

possesses prohibited ammunition; or

(b)

sells or supplies prohibited ammunition.

43 Section 43A amended (Mail order sale of firearm or ammunition)

In section 43A(2)(a), replace “military style semi-automatic firearm” with “prohibited item”.

44 Section 44 amended (Selling or supplying pistol, military style semi-automatic firearm, or restricted weapon to person who does not hold permit to import or to procure)

(1)

Replace the heading to section 44 with Selling or supplying pistol or restricted weapon to person who does not hold permit to possess.

(2)

In section 44(1), (2), and (4), delete “, military style semi-automatic firearm,” in each place.

(3)

In section 44(2), replace “supplied a pistol or a military style semi-automatic firearm” with “supplied a pistol”.

45 New sections 44A and 44B inserted

After section 44, insert:

44A Offence to sell or supply prohibited firearm or prohibited magazine

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, without reasonable excuse, sells or supplies a prohibited firearm or prohibited magazine to a person other than a person who holds—

(a)

a permit issued for the purposes of section 16(1) under section 18 to bring or cause to be brought or sent into New Zealand that prohibited firearm or prohibited magazine; or

(b)

a permit issued under section 35A to possess that prohibited firearm or prohibited magazine.

44B Offence to sell or supply prohibited part

Every person commits an offence and is liable to imprisonment for a term not exceeding 2 years who, without reasonable excuse, sells or supplies a prohibited part to a person other than a person who holds an endorsement to possess a prohibited firearm.

46 Section 45 amended (Carrying or possession of firearms, airguns, pistols, restricted weapons, or explosives, except for lawful, proper, and sufficient purpose)

(1)

Replace the heading to section 45 with Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purpose.

(2)

In section 45(1) and (2), after “pistol,”, insert “prohibited magazine,”.

47 Section 49A amended (Unlawful possession of firearm or airgun after revocation of firearms licence)

(1)

In the heading to section 49A, after firearm, insert , prohibited magazine, prohibited part,.

(2)

In section 49A, after “firearm”, insert “, prohibited magazine, prohibited part,” in each place.

48 Section 50 amended (Unlawful possession of pistol, military style semi-automatic firearm, or restricted weapon)

(1)

In the heading to section 50, delete , military style semi-automatic firearm,.

(2)

Repeal section 50(1)(c).

(3)

In section 50(3), delete “, military style semi-automatic firearm,” in each place.

49 New sections 50A to 50D inserted

After section 50, insert:

50A Unlawful possession of prohibited firearm

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who—

(a)

is in possession of a prohibited firearm; and

(b)

is not authorised or permitted expressly by or pursuant to this Act to be in possession of that prohibited firearm.

50B Unlawful possession of prohibited magazine

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years who—

(a)

is in possession of a prohibited magazine; and

(b)

is not authorised or permitted expressly by or pursuant to this Act to be in possession of that prohibited magazine.

50C Unlawful possession of prohibited part

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years who without reasonable excuse is in possession of a prohibited part and who is not authorised by an endorsement made under section 30B to possess a prohibited firearm.

(a)

is in possession of a prohibited part; and

(b)

is not authorised by an endorsement made under section 30B to possess a prohibited firearm.

50D Unlawfully carrying or possessing prohibited firearm in public place

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, without lawful purpose, carries or possesses a prohibited firearm in a public place.

50 Section 51 amended (Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, explosive, or restricted weapon)

(1)

In the heading to section 51, replace explosive, or restricted weapon with or explosive.

(2)

Replace section 51(1) with:

(1)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or a fine not exceeding $4,000, or both, who, without lawful purpose,—

(a)

carries a firearm (other than a prohibited firearm), an airgun, a pistol, a restricted weapon, ammunition, or an explosive in a public place; or

(b)

possesses a firearm (other than a prohibited firearm), an airgun, a pistol, a restricted weapon, ammunition, or an explosive in a public place.

(3)

In section 51(2), replace explosive, or restricted weapon with or explosive.

51 New section 51A inserted (Presenting prohibited firearm at other person)

After section 51, insert:

51A Presenting prohibited firearm at other person

(1)

Every person commits an offence and is liable on conviction to imprisonment for a term of not exceeding 7 years who, unless for some lawful purpose, presents at any other person—

(a)

a prohibited firearm; or

(b)

anything that, in the circumstances, is likely to lead that person to believe it to be a prohibited firearm.

(2)

For the purposes of an offence against subsection (1)(a), it does not matter whether the prohibited firearm is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile.

52 Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)

(1)

In section 52(1), replace “presents a firearm” with “presents a firearm (other than a prohibited firearm)”.

(2)

In section 52(2), after “firearm”, insert “(other than a prohibited firearm)”.

53 New section 53A inserted (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)

After section 53, insert:

53A Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence

(1)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 10 years who makes, or attempts to make, any use whatsoever of any prohibited firearm with intent to resist or prevent the lawful arrest or lawful detention of—

(a)

themselves:

(b)

any other person.

(2)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, at the time of committing an offence punishable by imprisonment for a term of 3 years or more, possesses a prohibited firearm.

(3)

It is a good defence to a prosecution for an offence against subsection (2) if the defendant proves that they possessed the prohibited firearm for a lawful purpose.

54 Section 54 amended (Use or attempted use of firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive to resist or prevent arrest or commit offence)

(1)

Replace the heading to section 54 with Use or attempted use of firearm, etc, to resist or prevent arrest or commit offence.

(2)

In section 54(2), after “any firearm”, insert “(other than a prohibited firearm)”.

55 New section 54A inserted (Carrying prohibited firearm with criminal intent)

After section 54, insert:

54A Carrying prohibited firearm with criminal intent

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who carries any prohibited firearm with intent to commit an offence.

56 Section 55 amended (Carrying firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with criminal intent)

(1)

Replace the heading to section 55 with Carrying firearm, etc, with criminal intent.

(2)

In section 55(1) and (2), replace “any firearm” with “any firearm (other than a prohibited firearm)”.

57 New section 55A sections 55A and 55B inserted(Offence to use prohibited part to build prohibited firearm)

After section 55, insert:

55A Offence to assemble prohibited firearm

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, without lawful purpose,—

(a)

assembles a prohibited firearm; or

(b)

converts a firearm into a prohibited firearm.

55B Offence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $1,000, or both, who, having a dealer’s licence or firearms licence endorsed under section 30 or 30B, fails to—

(a)

produce a pistol, restricted weapon, prohibited firearm, or prohibited magazine in their possession to any member of the Police upon demand; or

(b)

permit any member of the Police to inspect the pistol, restricted weapon, prohibited firearm, or prohibited weapon magazine, or the place where it is kept, or to enter that place.

58 New sections 59A and 59B and cross-heading inserted

After section 59, insert:

Surrender or delivery of firearms, etc

59A Surrender by licensed dealer of firearms, etc

(1)

A licensed dealer does not contravene section 10 if, on obtaining possession of any pistol, restricted weapon, or prohibited item from any person, the licensed dealer immediately surrenders the pistol, restricted weapon, or prohibited item to the nearest Arms Office for inspection and inquiries.

(2)

A licensed dealer does not contravene section 12 if the licensed dealer does not record the particulars of a firearm that is received by that dealer and, within 5 working days, surrenders it the firearm is immediately surrendered to the nearest Arms Office for inspection and inquiries.

59B Voluntary delivery to Police of firearms, etc

(1)

If any firearm, airgun, restricted weapon, or prohibited item prohibited item, or prohibited ammunition is delivered to the Police by a person who is not authorised to be in possession of it, it is affirmed that the Police have the discretion not to prosecute where the offence is considered to be one of possession only and there is no public interest in proceeding with the prosecution.

(2)

See also Schedule 1 (which contains amnesty provisions).

Compare: 1961 No 43 s 59(4)

59 Section 62 amended (Right of appeal from official decisions)

(1)

Repeal section 62(1)(a).

(2)

Replace section 62(1)(b)(vi) with:

(vi)

a permit under section 35 to possess a pistol or restricted weapon:

(vii)

a permit under section 35A to possess a prohibited item; and

(3)

Replace section 62(1)(c)(v) with:

(v)

a permit under section 35 to possess a pistol or restricted weapon:

(vi)

a permit under section 35A to possess a prohibited item; and

59A Section 63 amended (Appeal to District Court Judge in respect of compensation)

In section 63, after imitation firearm,, insert prohibited magazine, prohibited part,.

60 Section 65 amended (Restoration of articles seized)

In section 65, after “restricted weapon,”, insert “prohibited magazine,”.

61 Section 66 amended (Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein)

(1)

In the heading to section 66, after restricted weapon,, insert prohibited magazine, prohibited part,.

(2)

In section 66, after “restricted weapon,”, insert “prohibited magazine, prohibited part, in each place.

62 Section 69 amended (Forfeitures)

In section 69(1) and (2), after “imitation firearm,”, insert “prohibited magazine, prohibited part,” in each place.

63 Section 70 amended (Authorising disposal of firearms, etc, detained by Police)

In section 70(1) and (2), after “imitation firearm,”, insert “prohibited magazine, prohibited part,” in each place.

64 Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)

In section 73, after restricted weapon,, insert prohibited magazine, prohibited part, in each place.

In section 73(1), replace a firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with a firearm, an airgun, a pistol, an imitation firearm, a restricted weapon, a prohibited magazine, a prohibited part, ammunition, or explosive in each place.

65 Section 74 amended (Regulations)

(1)

In section 74(1)(e), after “subject”, insert “, or authorising the Commissioner to prescribe conditions of that kind”.

(2)

After section 74(1)(h), insert:

(ha)

making provision for the secure storage of a vital part removed from a prohibited firearm or restricted firearm weapon to render it inoperable and prescribing precautions to be taken to prevent the theft or misuse of vital parts in the possession of any person or class of persons:

(3)

In section 74(1)(i) and (j), after “pistols, ”, insert “prohibited items,”.

(4)

In section 74(1)(l), after “firearms”, insert “, magazines, and parts”.

(4A)

After section 74(1)(la), insert:

(lb)

prescribing limits for the purposes of section 4A(1)(e) to (h):

(lc)

prescribing wild animals or animal pests for the purposes of section 4A(1)(h):

(5)

After section 74(1)(q), insert:

(qa)

providing for, during the amnesty period (as defined in Schedule 1), any conditions or requirements that apply to possession or use of prohibited items:

(5)

After section 74(1)(r), insert:

(ra)

providing, for the purposes of the orderly implementation of any Order in Council made under section 74A, for

(i)

any exemptions from any provisions of this Act or the regulations made under this Act (subject to terms or conditions, if any); and

(ii)

any other transitional or savings matters:

66 Sections 74A and 74B replaced

Replace sections 74A and 74B with:

74A Order in Council relating to definitions of prohibited firearm, and prohibited magazine, and declaring prohibited ammunition

The Governor-General may, by Order in Council made on the recommendation of the Minister of Police,—

(a)

amend or replace the description in section 2A of a semi-automatic firearm (except a pistol) or pump action pump-action shotgun that is a prohibited firearm:

(b)

amend or replace the description in section 2B of a magazine that is a prohibited magazine:

(c)

declare any semi-automatic firearm (except a pistol) or pump-action shotgun of a stated name or description to be a prohibited firearm for the purposes of this Act:

(d)

declare any magazine of a stated name or description to be a prohibited magazine for the purposes of this Act:

(e)

declare any ammunition to be prohibited ammunition for the purposes of this Act.

74B Orders under section 74A are confirmable instruments

The explanatory note of an Order in Council made under section 74A must indicate that—

(a)

it is a confirmable instrument under section 47B of the Legislation Act 2012; and

(b)

it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and

(c)

the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.

74C Regulations providing for transitional matters

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister of Police, make regulations

(a)

providing transitional and savings provisions concerning the coming into force of the amendment Act that may be in addition to the transitional and savings provisions in Schedule 1:

(b)

providing that (subject to any conditions specified in the regulations) during a specified transitional period,

(i)

specified provisions of this Act (including definitions or transitional and savings provisions) do not apply (or apply with modifications or additions):

(ii)

specified provisions repealed or amended by the amendment Act continue to apply (or continue to apply with modifications or additions):

(iii)

conditions for the possession and use of a prohibited item apply during the amnesty period (as defined in clause 1 of Schedule 1).

(2)

The Minister may recommend the making of regulations under this section only if the Minister is satisfied that the regulations are necessary or desirable for the orderly implementation of the amendment Act.

(3)

On the close of 31 December 2020,

(a)

this section is repealed; and

(b)

any regulations made under it are revoked.

(4)

To avoid doubt, regulations 28E and 28F (and the cross-heading above regulation 28E) of the Arms Regulations 1992, as inserted by section 70 and Schedule 3 of the amendment Act, may be amended or revoked by regulations made under this section as if they had been inserted by regulation.

(5)

In this section, amendment Act means the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019.

67 Section 77 repealed (Repeals)

Repeal section 77.

68 Schedule replaced

Replace the Schedule with the Schedule 1 set out in the Schedule of this Act.

Part 2 Consequential amendments and revocation

69 Consequential amendments to other enactments

Amend the enactments specified in Schedule 2 as set out in that schedule.

70 Consequential amendments to Arms Regulations 1992

Amend the Arms Regulations 1992 as set out in Schedule 3.

71 Revocation

The Arms (Military Style Semi-automatic Firearms) Order 2019 (LI 2019/55) is revoked.

Schedule 1 Schedule replaced

s 68

Schedule 1 Transitional, savings, and related provisions

s 3A

Part 1 Provisions relating to Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 2019

1 Interpretation

In this Part,—

Act means the Arms Act 1983

Aamendment Act means the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019

amnesty period means the period on and from the commencement until the close of 30 September 2019 or any later period prescribed by Order in Council

amnesty period means the period

(a)

beginning at 3 pm on 21 March 2019; and

(b)

ending on

(i)

the date that is 6 months after the first date on which regulations made under clause 5 come into force; or

(ii)

any later date prescribed by Order in Council

commencement means the commencement of date on which the A amendment Act comes into force.

1A Permits to import issued for purposes of section 16(1) of Act before commencement are revoked

(1)

A permit issued for the purposes of section 16(1) of this Act (as in force immediately before commencement) is revoked to the extent that it authorises the importation of a firearm, magazine, or part that,

(a)

after commencement, is a prohibited item; and

(b)

before commencement, has not been brought or sent into New Zealand.

(2)

This clause does not apply to permits issued for the purposes of enabling persons referred to in section 3(2) of this Act to carry out their duties.

1B Prohibited items subject to the control of Customs at commencement

(1)

This clause applies to a prohibited item that is subject to the control of the New Zealand Customs Service at commencement.

(2)

The prohibited item is to be treated as a prohibited good under section 98 of the Customs and Excise Act 2018 and the chief executive of the New Zealand Customs Service may, under section 85(1)(b) of that Act, authorise the delivery of the prohibited item to the Police.

(3)

At the time of that delivery, the prohibited item ceases to be subject to the control of Customs.

(4)

In this clause, subject to the control of Customs has the same meaning as in section 6 of the Customs and Excise Act 2018.

2 Endorsements issued under section 30B of Act before commencement are revoked

(1)

An endorsement issued under section 30B of the this Act (as in force immediately before the commencement) is revoked.

(2)

However, subclause (1) does not limit clause 3.

3 Temporary amnesty for persons possessing prohibited items before commencement

(1)

This clause applies to a person who, before the commencement, possesses a prohibited item.

(2)

The person does not commit an offence under section 50A, 50B, or 50C of this Act for the continued possession of the prohibited item.

(3)

Subclause (2)

(a)

ceases to have effect at the end of the amnesty period; and

(b)

is subject to any other conditions (if any) set by the regulations (if any).

(4)

See also the provisions governing surrender and voluntary delivery of prohibited items in sections 59A and 59B of this Act.

4 Compensation for prohibited items delivered to Police

(1)

This clause applies in respect of a prohibited item that, after 3 pm on 21 March 2019, is delivered or otherwise surrendered to a member of the Police.

(2)

The prohibited item becomes the property of the Crown, free and discharged from all right, title, or interest possessed by any person in respect of that item.

(3)

Compensation may be paid in respect of the prohibited item in accordance with any regulations made under clause 5.

(4)

However, nothing in this Act or the amendment Act otherwise confers any right to compensation, or is to be relied on in any proceedings as a basis for a claim to compensation, except and to the extent authorised by regulations made under clause 5.

5 Regulations establishing compensation for delivery of prohibited items to Police

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister of Police, make regulations establishing 1 or more schemes for the purpose of paying compensation in respect of prohibited items that, during the amnesty period or any other specified period or periods, are delivered or otherwise surrendered to a member of the Police.

(2)

Regulations made under subclause (1) may

(a)

apply to 1 or more classes of licence holders or other persons who, before commencement, lawfully possessed prohibited items:

(b)

apply to 1 or more classes of prohibited items:

(c)

confer the right to compensation only if specified criteria or conditions are met:

(d)

limit the right to compensation in specified circumstances (for example, the maximum number of prohibited magazines for which compensation may be paid to a person):

(e)

provide for the Commissioner to determine the amount of compensation to be paid for a prohibited item or a class of prohibited items (whether that item or class of items is of a specified type, make, model, description, or condition, or a combination of these), including

(i)

by the issuing of a schedule of those amounts:

(ii)

by determining the method by which the amount of compensation to be paid for a prohibited item is calculated, which may include

(A)

the maximum amount of compensation payable in respect of an item:

(B)

the minimum amount of compensation payable in respect of an item:

(C)

the proportion of a specified amount of compensation payable in respect of an item:

(f)

impose conditions on any payment of compensation:

(g)

specify the criteria that may be applied by the Commissioner when determining or assessing the compensation payable in respect of a prohibited item:

(h)

confer and make any provisions with respect to rights of review or appeal against any compensation determined or assessed in respect of a prohibited item.

(3)

Regulations made under subclause (1) may make different provision with respect to different persons, prohibited items, or circumstances or different classes of persons, prohibited items, or circumstances.

(4)

To avoid doubt, regulations made under subclause (1) need not include compensation for

(a)

any economic loss; or

(b)

any consequential loss; or

(c)

any loss for business interruption; or

(d)

any loss attributable to intrinsic or sentimental value.

Schedule 2 Consequential amendments to other enactments

s 69

Part 1Amendments to other Acts

Corrections Act 2004 (2004 No 50)

In section 86(3), after firearm, insert (other than a prohibited firearm).

Criminal Investigations (Bodily Samples) Act 1995 (1995 No 55)

In the Schedule, Part 3, replace the items relating to the Arms Act 1983 with:

Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purposesection 45
Unlawful possession of pistol or restricted weaponsection 50
Unlawful possession of prohibited firearmsection 50A
Unlawful possession of prohibited magazinesection 50B
Unlawfully carrying or possessing prohibited firearm in public placesection 50D
Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, or explosivesection 51(1)
Use or attempted use of prohibited firearm to resist or prevent arrest or commit offencesection 53A(2)
Use or attempted use of firearm, etc, to resist or prevent arrest or commit offencesection 54(2)
Carrying prohibited firearm with criminal intentsection 54A
Carrying firearm, etc, with criminal intentsection 55
Family Violence Act 2018 (2018 No 46)

In section 8, definition of weapon, after “pistol,”, insert “prohibited magazine, prohibited part,”.

Legislation Act 2012 (2012 No 119)

In Schedule 2, replace the items relating to the Arms Act 1983 with:

Arms Act 198374A(a)
Arms Act 198374A(b)
Arms Act 198374A(c)
Arms Act 198374A(d)
Arms Act 198374A(e)
Local Government Act 2002 (2002 No 84)

In section 212, definition of unauthorised weapon, paragraph (b)(i), after pistol,, insert prohibited magazine, prohibited part.

In section 212, definition of unauthorised weapon, replace paragraph (b)(i) with:

(i)

a firearm, airgun, pistol, prohibited firearm, prohibited magazine, restricted weapon, or explosive, as those terms are defined in the Arms Act 1983:

Search and Surveillance Act 2012 (2012 No 24)

In section 3(1), definition of arms, replace “restricted weapon, imitation firearm, or explosive (as those terms are defined in section 2 of the Arms Act 1983),” with “prohibited magazine, restricted weapon, imitation firearm, or explosive (as those terms are defined in the Arms Act 1983),”.

Replace section 45(1)(a) with:

(a)

against section 44, 44A, 45, 50, 50A, 50B, 50D, 51, 53A, 54, 54A, or 55 of the Arms Act 1983; or

Part 2Amendments to Legislative instrumentsAmendment to legislative instrument

Gambling (Prohibited Property) Regulations 2005 (SR 2005/299)

In regulation 4(a), after “(including ammunition),”, insert “prohibited magazine, prohibited part,”.

Schedule 3 Consequential amendments to Arms Regulations 1992

s 70

Regulation 2

In regulation 2, revoke the definition of reclassified MSSA.

New regulation 2C

After regulation 2B, insert:

2C Prescribed wild animals and animal pests

The following wild animals and animal pests are prescribed for the purposes of section 4A(1)(h) 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 7

In regulation 7(1), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine”.

Replace regulation 7(2)(c) and (d) with:

(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.

In regulation 7(4)(e), replace military style semi-automatic firearm with prohibited firearm, prohibited magazine.

Replace regulation 7(4)(e) with:

(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.

Replace regulation 7(4A) with:

(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.

Regulation 8

In regulation 8(h), after “cannon)”, insert “and prohibited items”.

Cross-heading above regulation 10

In the cross-heading above regulation 10, replace military style semi-automatic firearms, with prohibited items,.

Regulation 10

In the heading to regulation 10, replace military style semi-automatic firearms, with prohibited items,.

Replace regulation 10(1) with:

(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.

In regulation 10(3)(c) and (e), replace “military style semi-automatic firearm,” with “prohibited item,” in each place.

Regulation 12

In regulation 12(1), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine” in each place.

After regulation 12(1), insert:

(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 the frame of that magazine, a number by which the magazine may be identified.

Regulation 13

In regulation 13(1)(a) and (b), replace “military style semi-automatic firearm” with “prohibited item magazine.

In regulation 13(2)(e) and (f), replace “military style semi-automatic firearm” with prohibited firearm, prohibited magazine prohibited magazine, prohibited part.

Regulation 18

In regulation 18, replace “military style semi-automatic firearm, with “prohibited firearm, prohibited magazine” in each place.

Regulation 19

In regulation 19(1)(b), replace both a firearm with a firearm, prohibited magazine,.

Replace regulation 19(1)(b)(i) with:

(i)

must take reasonable steps to ensure that the prohibited magazine and ammunition are not stored in a way that a person who obtains access to the firearm also obtains access to the prohibited part and ammunition; or

In regulation 19(1)(c), after firearm, insert or prohibited magazine.

Cross-heading above regulation 20A

In the cross-heading above regulation 20A, replace military style semi-automatic firearms with prohibited items firearms, magazines.

Regulation 20B

In the heading to regulation 20B, replace military style semi-automatic firearm with prohibited firearm or prohibited magazine.

In regulation 20B, replace “military style semi-automatic firearm” with “prohibited firearm”.

Cross-heading above regulation 23A

Replace the cross-heading above regulation 23A with Permits to possess pistols, prohibited firearms, prohibited magazines, and restricted weapons.

Regulation 23A

Replace the heading to regulation 23A with Manner of applying for permit to possess.

In regulation 23A, replace “procure” with “possess” in each place.

In regulation 23A(1), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine”.

Regulation 24

Replace the heading to regulation 24 with Application for permit to possess pistol, prohibited firearm, prohibited magazine, or restricted weapon.

In regulation 24(1), replace “procure a pistol, military style semi-automatic firearm” with “possess a pistol, prohibited firearm, prohibited magazine”.

In regulation 24(1)(d), (e), and (f), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine”.

Regulation 25

In regulation 25, replace “procure a pistol, military style semi-automatic firearm” with “possess a pistol, prohibited firearm, prohibited magazine”.

Regulation 26

In regulation 26(1)(a), replace permit to procure a pistol, military style semi-automatic firearm,” with permit to possess a pistol, prohibited firearm, prohibited magazine, ”.

In regulation 26(1)(c), (1A), (2), and (3), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine” in each place.

Regulation 26A

In regulation 26A(1A)(1)(a), and (2) (2), and (5), replace “military style semi-automatic firearm, with “prohibited firearm, prohibited magazine”.

In regulation 26A(1)(b) and (4) replace “procure” with “possess”.

Regulation 27

In regulation 27, replace military style semi-automatic firearm with prohibited firearm in each place.

In regulation 27(1) replace procure with possess.

Replace regulation 27(1) with:

(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.

Regulation 28

In the heading to regulation 28, replace military style semi-automatic firearms with prohibited firearms, prohibited magazines.

In regulation 28(1)(c), replace or military style semi-automatic firearm with , prohibited firearm, prohibited magazine,.

In regulation 28(1), (2), (3), and (5), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine” in each place.

In regulation 28(1)(c), replace or military style semi-automatic firearm with , prohibited firearm, prohibited mazagine,.

Regulation 28D and cross-heading above regulation 28E

Replace regulation 28D and the cross-heading above regulation 28D 28E with:

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.

Transitional and savings provisions relating to Amendment Act

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 3 of Schedule 1 of the Act).

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 paragraph (a) in that capacity.

(3)

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

Regulation 29

In the heading to regulation 29, replace military style semi-automatic firearms with prohibited firearms, prohibited magazines.

In regulation 29(1) and (2), replace military style semi-automatic firearm with prohibited firearm, prohibited magazine in each place.

In regulation 29(1), replace permit, licence, or endorsement with permit or licence in each place.

Revoke regulation 29.

Regulation 31A

In regulation 31A, after pistols,, insert prohibited magazines, prohibited parts, in each place.

Regulation 31B

In regulation 31B, after pistol, insert prohibited firearm, prohibited magazine,.

In regulation 31B, after pistol,, insert prohibited magazine, prohibited part.

Schedule

In the Schedule, item relating to endorsements, paragraph (b), replace military style semi-automatic firearm with prohibited firearm.

In the Schedule, item relating to endorsements, revoke paragraph (b).