This Act may be cited as the Arms Act 1983.

This Act shall come into force on 1 June 1984.

In this Act, unless the context otherwise requires,—

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

Subject to subsections (2) and (3), this Act binds the Crown.

Nothing in this Act renders unlawful the carriage or possession of firearms, airguns, pistols, restricted weapons, ammunition, or explosives—

Nothing in this Act renders unlawful—

For the purposes of this Act, the Governor-General may from time to time, by Order in Council, declare—

Any Order in Council made under this section may relate to any weapon or airgun specified by its name or trade name, or to any class of weapons or airguns identified by a description of that class.

An Order in Council made under this section is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

No person shall—

unless he is the holder of a dealer’s licence issued to him under this Act by a commissioned officer of Police.

Every application for a dealer’s licence shall be made on a form provided by a member of the Police.

A dealer’s licence shall be issued if the commissioned officer of Police to whom the application is made is satisfied that the applicant is a fit and proper person to carry on the business of a dealer in, or manufacturer for sale of, firearms, airguns, pistols, and restricted weapons.

Despite subsections (1) to (3), no dealer’s licence is to be issued for the carrying on of business as a dealer in, or manufacturer for sale of, anti-personnel mines or cluster munitions.

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

A dealer’s licence shall be personal to the person to whom it is issued, and shall not be transferable or vest by operation of law in any person other than the person to whom it is issued.

A dealer’s licence shall be issued in respect of 1 place of business only.

Notwithstanding anything in sections 6 and 7, a dealer’s licence may, with the consent of a commissioned officer of Police, apply from time to time, for a period not exceeding 5 days at any one time, in respect of a place of business other than the place of business in respect of which the dealer’s licence was issued.

A commissioned officer of Police may give his or her consent under subsection (1) only if satisfied—

Any consent given under subsection (1) shall be given subject to the condition specified in subsection (4) and to such other conditions (if any) as are specified by the commissioned officer of Police.

It shall be a condition of any consent given under subsection (1) that the licensed dealer close, for the duration of the period in respect of which the consent is given, the place of business in respect of which the dealer’s licence was issued.

A dealer’s licence, unless sooner revoked under section 9, shall continue in force for 1 year from the date on which it is issued, and may from time to time be renewed for the next succeeding year.

A dealer’s licence may be revoked at any time by the Commissioner.

No licensed dealer shall take a pistol or restricted weapon into his possession for sale unless he obtains it—

Notwithstanding anything in subsection (1), a licensed dealer does not contravene that subsection if, on obtaining possession of any pistol or restricted weapon from any person, the licensed dealer immediately surrenders the pistol or restricted weapon to the nearest Arms Office for inspection and inquiries.

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

No natural person, being—

shall sell any firearm, airgun, pistol, or restricted weapon unless he is the holder of a firearms licence.

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who contravenes subsection (1).

Every licensed dealer shall keep at the place of business referred to in his licence a book in which he shall record such particulars as may be prescribed by regulations made under this Act, relating to the receipt, sale, or manufacture by him of any firearms, airguns, pistols, or restricted weapons.

Every licensed dealer shall at all times—

Every licensed dealer commits an offence and is liable on conviction to a fine not exceeding $500 who acts in contravention of subsection (1) or subsection (2).

Any member of the Police may, on being authorised to do so by warrant under the hand of the Commissioner, seize and take possession of all or any firearms, ammunition, airguns, pistols, or restricted weapons in the possession of or under the control of a licensed dealer.

For the purpose of executing a warrant issued under subsection (1), the member of the Police authorised by that warrant may enter into or upon any land or building in or upon which any such firearms, ammunition, airguns, pistols, or restricted weapons may be, and in so doing may use such force as may be necessary.

It is the duty of everyone executing a warrant issued under subsection (1)—

Subject to section 14, all firearms, ammunition, airguns, pistols, or restricted weapons seized under this section may be detained by the Police for such period as the Commissioner thinks fit, or may, in the discretion of the Minister of Police, become the property of the Crown, free and discharged from all right, title, estate, or interest possessed in respect thereof by any other person.

Where any firearms, ammunition, airguns, pistols, or restricted weapons have become the property of the Crown pursuant to subsection (4), the Minister of Finance shall pay compensation therefor out of a Crown Bank Account.

Where a dealer’s licence is revoked under section 9, the dealer may, within 3 months thereafter or within such longer period as the Commissioner may allow, sell, or otherwise dispose of, to persons approved for the purpose by a commissioned officer of Police the firearms, ammunition, airguns, pistols, and restricted weapons in his possession or under his control at the date of the revocation of the licence.

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 to both who, being a person whose dealer’s licence has been revoked under section 9,—

any firearm, ammunition, airgun, pistol, or restricted weapon.

Nothing in subsection (1) applies in respect of—

A person must not, otherwise than pursuant to a permit issued to the person by a member of the Police, bring or cause to be brought or sent into New Zealand—

In this section New Zealand does not include the harbours and other territorial waters of New Zealand.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000 or to both who acts in contravention of subsection (1).

In any proceedings against any person in respect of any offence against section 16 of this Act in which it is proved that he did any act in relation to a firearm, pistol, starting pistol, restricted airgun, or restricted weapon (or a part of a firearm, pistol, starting pistol, or restricted weapon) which would have amounted to an offence if that act were not done pursuant to a permit issued to him by a member of the Police, the burden of proving that he did that act pursuant to any such permit shall lie on him.

Any member of the Police to whom application is made for the issue of a permit for the purposes of section 16(1)—

Without limiting the discretion conferred by subsection (1)(b), no application for a permit for the purposes of section 16(1) in respect of—

shall be granted otherwise than by the Commissioner who shall first be satisfied that there are special reasons why the pistol, military style semi-automatic firearm, restricted airgun, or restricted weapon or parts to which the application relates should be allowed into New Zealand.

Any permit issued for the purposes of section 16(1) is personal to the person to whom it is issued and may not be transferred to any other person.

Any permit issued for the purposes of section 16(1) may be at any time revoked by a commissioned officer of Police.

A permit for the purposes of section 16(1) is in no case to be granted in respect of an anti-personnel mine or a cluster munition.

Unless sooner revoked under section 18(4), a permit issued for the purposes of section 16(1) shall expire 12 months after the date on which that permit was issued.

Where an applicant is, pursuant to a requirement made under section 18(1)(a) by a member of the Police, required to produce for examination and testing a sample of any firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon, the applicant shall, as soon as practicable, produce that sample in accordance with that requirement and shall ensure that the sample has not been modified in any way before it is so produced.

Where any firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon which is brought into New Zealand pursuant to a permit issued for the purposes of section 16(1) and which is required by its description in that permit to correspond with a sample produced to a member of the Police does not so correspond and is not otherwise approved for importation into New Zealand, the person who brought the firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon into New Zealand or caused it to be brought or sent into New Zealand shall, within 12 months after being informed in writing by a member of the Police that it does not so correspond and that it is not otherwise approved for importation into New Zealand, export it, or cause it to be exported, from New Zealand.

If any firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon to which subsection (2) relates is not exported from New Zealand within the period of 12 months specified in that subsection, that firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon may be disposed of in such manner as the Commissioner may direct.

A member of the Police or officer of the Customs who suspects on reasonable grounds that a firearm, pistol, military style semi-automatic firearm, starting pistol, restricted airgun, or restricted weapon (or a part of a firearm, pistol, military style semi-automatic firearm, starting pistol, or restricted weapon) has been brought into New Zealand in breach of section 16(1), or has been brought into the harbours or other territorial waters of New Zealand and is intended to be brought into New Zealand in breach of section 16(1),—

Except as provided in this Act or as otherwise provided in regulations made under this Act, no person shall have a firearm in his possession unless he is of or over the age of 16 years and is the holder of a firearms licence.

The holding of a firearms licence shall not in itself entitle any person to have a pistol or a military style semi-automatic firearm or a restricted weapon in that person’s possession.

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 to both who contravenes subsection (1).

Except as otherwise provided in this Act or as otherwise provided in regulations made under this Act, no person shall have an airgun in his possession unless—

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 to both who acts in contravention of subsection (1).

Nothing in this section applies in relation to the possession of specially dangerous airguns.

Nothing in section 20 or section 21 makes it an offence for any person to be in possession of—

It is a good defence to a prosecution for an offence against section 20 or section 21 if the defendant proves,—

Any person who is of or over the age of 16 years may apply at an Arms Office to a member of the Police for a firearms licence.

Every application under subsection (1) shall be made on a form provided by a member of the Police.

A person who is the holder of a firearms licence may, before the expiration of that firearms licence, apply for a new firearms licence.

Subject to subsection (2), a firearms licence shall be issued if the member of the Police to whom the application is made is satisfied that the applicant—

A firearms licence shall not be issued to a person if, in the opinion of a commissioned officer of Police, access to any firearm or airgun in the possession of that person is reasonably likely to be obtained by any person—

Every firearms licence shall come into force on a date to be specified in the licence and, unless sooner revoked or surrendered, shall continue in force for the period of 10 years beginning on that date.

Despite subsection (1), if a licence is granted to a person who states in the application form for the licence that he or she is a visitor to New Zealand and intends to reside in New Zealand for 1 year or less, the licence may be granted subject to a condition that it expires 1 year from the date of issue or expires on any earlier date specified in the licence.

If a licence has been granted subject to a condition referred to in subsection (2), the licence expires on the date of expiry referred to or specified in the licence, or on the date the person to whom the licence is granted leaves New Zealand, whichever occurs first.

Every holder of a firearms licence—

The holder of a firearms licence issued pursuant to this Act shall be deemed to have complied with subsection (1)(a) if, within 7 days after having been so required to produce his licence or permit, he produces it at a place specified by the member of the Police.

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who, being the holder of a firearms licence, fails to comply with subsection (1).

Where, in the opinion of a commissioned officer of Police,—

the commissioned officer of Police may, by notice in writing under his hand, revoke the firearms licence, and the person to whom that firearms licence has been issued shall upon demand surrender the licence to a member of the Police.

Any person may at any time surrender a firearms licence held by him.

Where a licence is revoked under subsection (1) or surrendered under subsection (2), the person to whom the licence has been issued shall cease to be licensed to possess firearms, airguns, pistols, or restricted weapons by virtue of that licence or any endorsement on it.

Without limiting the generality of sections 24 and 27, it is hereby declared that a commissioned officer of Police may, under either or both of those sections, decide that a person is not a fit and proper person to be in possession of a firearm or airgun if that commissioned officer of Police is satisfied—

On the revocation or surrender of a firearms licence, the person who was the holder of that licence shall, on demand, deliver every firearm, pistol, or restricted weapon in his possession or under his control to a member of the Police.

Any person whose firearms licence is revoked or surrendered may, at any time within 3 months thereafter or such longer period as the Commissioner may allow, sell or otherwise dispose of any firearm, pistol, or restricted weapon owned by him to a person approved for the purpose by a member of the Police.

Subject to subsection (2), all firearms, pistols, or restricted weapons delivered to a member of the Police pursuant to this section may be detained for such period as the Commissioner thinks fit, or may, in the discretion of the Minister of Police, become the property of the Crown, free and discharged from all right, title, or interest possessed in respect thereof by any other person.

The Minister of Finance shall pay out of a Crown Bank Account compensation for the value of all firearms, pistols, or restricted weapons delivered to a member of the Police under this section and which have become the property of the Crown as hereinbefore provided.

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 to both who contravenes subsection (1).

Any person, being—

may apply at an Arms Office to a member of the Police for an endorsement permitting that person to have possession of that kea gun.

Any person, being an applicant for a firearms licence or a holder of a firearms licence, may apply at an Arms Office to a member of the Police for an endorsement permitting that person to have possession of a pistol or a restricted weapon (other than an anti-personnel mine or a cluster munition) in his capacity as—

For the purposes of subsection (2)(e), approved, in relation to any employee or member, means approved in writing for the purposes of that subsection by the chief executive officer of the body by which he is employed or of which he is a member.

Every application under subsection (1) or subsection (2) shall be made on a form provided by a member of the Police.

On receiving an application under section 29, a member of the Police may, subject to any direction from the Commissioner, make the endorsement applied for if he is satisfied—

Any person, being of or over the age of 18 years and being an applicant for a firearms licence or the holder of a firearms licence, may apply at an Arms Office to a member of the Police for an endorsement permitting that person to have possession of a military style semi-automatic firearm.

Every application under subsection (1) shall be made on a form provided by a member of the Police.

Every applicant shall permit a member of the Police to take, or to cause to be taken, for the purposes of the application, a photograph or photographs of the applicant.

On receiving an application under section 30A, a member of the Police may, subject to any direction from the Commissioner, make the endorsement applied for if that member is satisfied that the applicant is a fit and proper person to be in possession of the military style semi-automatic firearm to which that application relates.

Notwithstanding anything in this Act, a person who is not entitled under this Act to have possession of a firearm or pistol or military style semi-automatic firearm or restricted weapon may have possession of that firearm or pistol or military style semi-automatic firearm or restricted weapon for the purpose of making a broadcast or producing or staging a play or filming a cinematic production or television film if—

It is a condition of every endorsement made under section 30 that the holder of the firearms licence—

Any member of the Police may, on the direction of the Commissioner, impose, as conditions of an endorsement made by that member of the Police under section 30, such conditions with regard to the use or custody of the pistol or restricted weapon (being conditions additional to those specified in subsection (1)) as that member of the Police thinks fit.

If, in the opinion of a commissioned officer of Police, any person whose licence bears an endorsement made under section 30,—

that commissioned officer may, by notice in writing under his hand, revoke that endorsement, and that person shall, upon demand, surrender his firearms licence to a member of the Police for cancellation of the endorsement.

An endorsement in respect of a pistol shall not be revoked under subsection (1) if—

On the revocation of an endorsement pursuant to this section the holder of the firearms licence shall cease to be entitled to have possession of a pistol or a restricted weapon, as the case may require, whether or not the firearms licence is surrendered pursuant to subsection (1).

The provisions of this section are in addition to the provisions of sections 27 and 28.

It is a condition of every endorsement made under section 30B that the holder of the firearms licence observes, in respect of every military style semi-automatic firearm or part thereof in that holder’s possession, such security precautions as are required by regulations made under this Act.

Any member of the Police may, on the direction of the Commissioner, impose, as conditions of an endorsement made by that member of the Police under section 30B, such conditions with regard to the use or custody of a military style semi-automatic firearm (being conditions additional to that specified in subsection (1)) as that member of the Police thinks fit.

If, in the opinion of a commissioned officer of Police, any person whose licence bears an endorsement made under section 30B—

that commissioned officer may, by notice in writing signed by that commissioned officer, revoke that endorsement, and that person shall upon demand surrender that person’s firearms licence to a member of the Police for cancellation of the endorsement.

On the revocation of an endorsement pursuant to this section, the holder of the firearms licence shall cease to be entitled to have possession of a military style semi-automatic firearm, whether or not the firearms licence is surrendered pursuant to subsection (1).

The provisions of this section are in addition to the provisions of sections 27 to 28.

Every holder of a firearms licence who changes his address shall, within 30 days after doing so, give notice in writing thereof to the Arms Office nearest to his new address.

Every holder of a firearms licence, being a licence that bears an endorsement permitting the holder to have possession of a pistol, military style semi-automatic firearm, or restricted weapon, who intends to change his address, shall notify an Arms Office of the arrangements made for the safe custody of the pistol, military style semi-automatic firearm, or restricted weapon during its shift to the new address.

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who contravenes subsection (1) or subsection (2).

Regulations made under this Act or a member of the Police may require an applicant for a dealer’s licence or an applicant for a firearms licence or a person who applies under section 29(1) or section 29(2) or section 30A or section 36 for an endorsement—

Without limiting the generality of the provisions of sections 5, 9, 24, 27, 29, 30A, 33B, and 36, it is hereby declared that a commissioned officer of Police may, under any of those provisions, refuse an application or revoke a licence or an endorsement if that commissioned officer of Police is satisfied, that the applicant or licence holder—

A permit to procure a pistol, military style semi-automatic firearm, or restricted weapon may be issued only by a member of the Police acting under a direction of the Commissioner.

A permit to procure a pistol, military style semi-automatic firearm, or restricted weapon may be issued if the member of the Police to whom the application is made is satisfied—

Every permit issued under this section shall, unless sooner revoked, remain in force for such period, not exceeding 1 month, as may be specified in the permit.

Any permit issued under this section may at any time during its currency be revoked by a commissioned officer of Police.

No permit is to be issued under this section in respect of an anti-personnel mine or a cluster munition.

No person shall carry a pistol or restricted weapon in any place beyond the curtilage of his dwelling, save under and in accordance with the conditions endorsed on his firearms licence by a member of the Police.

Any such endorsement may be at any time revoked by any commissioned officer of Police.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $1,000 or to both who carries a pistol or restricted weapon contrary to the provisions of subsection (1).

In any prosecution for an offence against subsection (3), in which it is proved that the defendant carried a pistol or restricted weapon in any place beyond the curtilage of his dwelling, the burden of proving that the pistol or restricted weapon carried by the defendant was carried by him under and in accordance with the conditions endorsed on his firearms licence by a member of the Police shall lie upon the defendant.

It is a good defence to a prosecution for an offence against subsection (3) if the defendant proves—

Subject to subsection (2) or an endorsement made under section 30, no person shall at any time be in possession of a restricted weapon, or of any part or parts intended or adapted for use as part of a restricted weapon.

Before the expiry of 1 month after the notification in the New Zealand Gazette of an Order in Council declaring any weapon to be a restricted weapon, every person in possession of any such weapon or any part or parts intended or adapted for use as part of such a weapon shall cause the weapon, or the parts,—

The Minister of Finance shall, subject to subsection (4), pay compensation out of a Crown Bank Account for the value of all weapons in a serviceable condition, and for all parts, delivered to a member of the Police in accordance with subsection (2)(d).

Compensation shall not be paid under subsection (3) unless the Minister is satisfied—

Every holder of a firearms licence who intends to remove any pistol, military style semi-automatic firearm, or restricted weapon out of New Zealand shall give not less than 4 days’ notice of the intended removal to an Arms Office and shall deliver to that office his firearms licence for amendment of the endorsement.

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who contravenes subsection (1).

Whenever a firearm, pistol, or restricted weapon is lost or stolen, or a pistol or restricted weapon is destroyed, the owner—

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who contravenes subsection (1).

Every person in possession of any firearm, airgun, pistol, or restricted weapon shall, on demand, give his full name, address, and date of birth to any member of the Police who is in uniform or who produces evidence that he is a member of the Police.

If any person refuses to give his name, address, or date of birth or gives false particulars thereof, any member of the Police—

may arrest him without warrant.

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 to both who, in response to a demand under subsection (1), refuses to give his name, address, or date of birth or gives false particulars thereof to any member of the Police.

Where any person who is not the holder of a firearms licence or a dealer’s licence is in possession of an airgun or an antique firearm, a commissioned officer of Police may, by notice in writing served on that person, require that person to surrender the airgun or antique firearm to a member of the Police, if that officer is of the opinion that that person is not a fit and proper person to be in possession of the airgun or antique firearm.

Where any person is served with a notice pursuant to subsection (1), that person shall, on demand, deliver the airgun or antique firearm to a member of the Police and subsections (2) to (4) of section 28 shall apply accordingly with all necessary modifications.

Any person required, under this section, to surrender an airgun or antique firearm may appeal under section 62 against the requirement, and that section shall apply accordingly with all necessary modifications.

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 to both who fails to comply with a notice given to him pursuant to subsection (1).

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 to both who—

Nothing in paragraph (a) or paragraph (b) of subsection (1) applies in respect of any addition, alteration, or erasure made by a member of the Police acting pursuant to this Act or by any other person acting under regulations made under this Act.

It is not an offence against paragraph (c) of subsection (1) to use or retain a licence if the only addition, alteration, or erasure to it was made by a member of the Police acting under this Act or by any other person acting under regulations made under this Act.

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 to both who—

In any prosecution for an offence against subsection (1) in which it is proved,—

It is a good defence to a prosecution for an offence against paragraph (a) or paragraph (b) of subsection (1) if the defendant proves,—

A defendant may, in the case of a prosecution relating to the sale or supply of a firearm or airgun to any person, discharge the burden of proof placed on him by subsection (2) by proving that he took reasonable steps to ascertain whether that person was the holder of a firearms licence or was of or over the age of 18 years, as the case may require.

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who sells by mail order a firearm or any ammunition for a firearm or restricted weapon otherwise than pursuant to a written order—

Nothing in this section applies in relation to—

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who sells or supplies ammunition for any firearm or restricted weapon to a person who is not—

In any prosecution for an offence against subsection (1) in which it is proved that the defendant sold or supplied ammunition for a firearm or restricted weapon to any person, the burden of proving that that person was—

shall lie on the defendant.

It is a good defence to a prosecution for an offence against subsection (1) if the defendant proves—

A defendant may, in the case of a prosecution for an offence against subsection (1), discharge the burden of proof placed on the defendant by subsection (2) by proving that the defendant took reasonable steps to ascertain whether the person to whom the ammunition was sold or supplied was—

Nothing in this section applies in relation to any ammunition for a firearm to which paragraph (a) or paragraph (b) or paragraph (c) of section 22(1) applies.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who sells or supplies a pistol, military style semi-automatic firearm, or restricted weapon to any person other than a person who is authorised—

In any prosecution for an offence against subsection (1) in which it is proved that the defendant sold or supplied a pistol or a military style semi-automatic firearm or a restricted weapon to any person, the burden of proving that that person was the holder of—

shall lie on the defendant.

It is a good defence to a prosecution for an offence against subsection (1) if the defendant proves, in the case of a prosecution relating to the supply of a pistol to any person,—

A defendant may, in the case of a prosecution relating to the sale or supply of a pistol, military style semi-automatic firearm, or restricted weapon to any person, discharge the burden of proof placed on him by subsection (2) by proving that he took reasonable steps to ascertain whether that person was the holder of a permit of the kind described in paragraph (a) or paragraph (b) of subsection (1).

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 4 years or to a fine not exceeding $5,000 or to both who, except for some lawful, proper, and sufficient purpose,—

any firearm, airgun, pistol, restricted weapon, or explosive.

In any prosecution for an offence against subsection (1) in which it is proved that the defendant was carrying or in possession of any firearm, airgun, pistol, restricted weapon, or explosive, as the case may require, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $4,000 or to both who, except for some lawful, proper, and sufficient purpose, carries an imitation firearm.

In any prosecution for an offence against subsection (1) in which it is proved that the defendant was carrying an imitation firearm, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

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 $3,000 or to both who, while in charge of any firearm, airgun, pistol, or restricted weapon, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the firearm, airgun, pistol, or restricted weapon.

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 $3,000 or to both who, without reasonable cause, discharges a firearm, airgun, pistol, or restricted weapon in or near—

so as to endanger property or to endanger, annoy, or frighten any person.

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 to both who, except for some lawful, proper, and sufficient purpose, uses, discharges, or carries anywhere any firearm of the kind known as—

In any prosecution for an offence against subsection (1) in which it is proved that the defendant used, discharged, or carried a firearm of a kind described in that subsection, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $4,000 or to both who, being a person whose firearms licence has been revoked, is in possession of a firearm or airgun at a time when that person is not the holder of a firearms licence, and is not a person authorised, expressly or by implication, by or pursuant to this Act, to be in possession of that firearm or airgun.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who—

It is not an offence against this section to be in possession of a pistol that is an antique firearm.

In any prosecution for an offence against subsection (1) in which it is proved that the defendant was in possession of a pistol, military style semi-automatic firearm, or restricted weapon, the burden of proving that the defendant was authorised or permitted, expressly or by implication, by or pursuant to this Act to be in possession of that pistol, military style semi-automatic firearm, or restricted weapon shall lie on the defendant.

It is a good defence to a prosecution for an offence against subsection (1)(a) if the defendant proves—

It is a good defence to a prosecution for an offence against subsection (1)(a) if the defendant proves—

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 to both who, except for some lawful purpose,—

any firearm, airgun, pistol, ammunition, explosive, or restricted weapon.

In any prosecution for an offence against subsection (1), in which it is proved that the defendant was carrying in any public place or had in his possession in any public place any firearm, airgun, pistol, ammunition, explosive, or restricted weapon, the burden of proving the existence of some lawful purpose shall lie on the defendant.

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 to both who, except for some lawful and sufficient purpose, presents a firearm, airgun, pistol, or restricted weapon (whether or not the firearm, airgun, pistol, or restricted weapon is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile) at any other person.

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 to both who, except for some lawful or sufficient purpose, presents at any person anything which, in the circumstances, is likely to lead that person to believe that it is a firearm, airgun, pistol, or restricted weapon.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who causes bodily injury to or the death of any person by carelessly using a firearm, airgun, pistol, or restricted weapon.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who, being a person who has in his charge or under his control a firearm, airgun, pistol, or restricted weapon loaded with a shot, bullet, cartridge, missile, or projectile, whether in its breech, barrel, chamber, or magazine, leaves that firearm, airgun, pistol, or restricted weapon in any place in such circumstances as to endanger the life of any person without taking reasonable precautions to avoid such danger.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who, without reasonable cause, discharges or otherwise deals with a firearm, airgun, pistol, or restricted weapon in a manner likely to injure or endanger the safety of any person or with reckless disregard for the safety of others.

It shall be no defence to the crime of manslaughter that the guilty act or omission proved against the person charged is an act or omission constituting an offence against this section.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who makes or attempts to make any use whatsoever of any restricted weapon, imitation firearm, ammunition, or explosive with intent to resist or prevent the lawful arrest or detention of himself or another person.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, at the time of his committing an offence punishable by imprisonment for a term of 3 years or more, has in his possession any firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive.

It is a good defence to a prosecution for an offence against subsection (2) if the defendant proves that he had the firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive in his possession for a lawful purpose.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who has with him any firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive, with intent to commit an offence punishable by imprisonment for a term of 3 years or more or to resist arrest or prevent the arrest of another person, in either case while he has the firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with him.

In a prosecution for an offence against subsection (1), proof that the defendant had any firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with him and intended to commit an offence, or to resist or prevent arrest, is evidence that he intended to have it with him while doing so.

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 to both who obstructs a member of the Police in the exercise of any right of entry, search, seizure, or detention conferred by this Act.

When an offence against this Act punishable by imprisonment (whether or not it is also punishable by a fine) is committed by a corporation, the corporation shall be liable on conviction to a fine not exceeding $4,000.

Every person who causes bodily injury to or the death of any person by the use of a firearm, airgun, pistol, or restricted weapon, shall, as soon as reasonably practicable, report the incident in person—

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 to both who contravenes subsection (1).

Where, in the opinion of a commissioned officer of Police, any firearm or pistol is unsafe, that commissioned officer may, by notice in writing to the owner of that firearm or pistol, require the owner to ensure that that firearm or pistol is brought to a safe standard of repair and produced to a member of the Police within a period or by a date specified in the notice.

If the owner of any firearm or pistol fails to comply with a notice given to him under subsection (1) in respect of that firearm or pistol, a commissioned officer of Police may, by notice in writing to that owner, require him to surrender that firearm or pistol forthwith to a member of the Police.

Any owner of a firearm or pistol who is required—

may appeal under section 62 against the requirement, and that section shall apply accordingly with all necessary modifications.

Every owner of a firearm or pistol commits an offence and is liable on conviction to a fine not exceeding $500 who fails to comply with a notice given to him under subsection (2) in respect of that firearm or pistol.

Nothing in this section applies in respect of an antique firearm.

This subsection applies to—

A person to whom subsection (1) applies may, by way of originating application, appeal to a District Court Judge from the determination, refusal, imposition of conditions, revocation, or service.

On the hearing of an appeal under subsection (1A), the District Court Judge may, subject to subsection (3), confirm, vary, or reverse the decision appealed against.

Where—

the District Court Judge may, notwithstanding that he finds any such ground established, vary or reverse the decision appealed against if he is satisfied that, since the decision was given, adequate measures have been taken to deny access to the firearm to the person whose likelihood of access to it was the basis of the refusal or revocation.

Notwithstanding that any appeal under this section may have been determined in favour of the appellant, any commissioned officer of Police, in exercise of the powers conferred on him by this Act, may, subject to the like right of appeal, revoke any licence or permit to which the appeal related or any licence or permit granted in compliance with the decision of the District Court Judge on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

Subject to subsection (4) and to section 64, the decision of the District Court Judge on any appeal under this section shall be final and conclusive.

No person shall be excused from complying with any of the provisions of this Act on the ground that an appeal is pending under this section.

The amount of compensation payable under any of the provisions of this Act in respect of any firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, explosive, or other property shall not in any case exceed the actual market value thereof, and in case of dispute shall be determined, upon application by way of originating application by a District Court Judge, whose decision, subject to section 64, shall be final.

Where any party to any appeal under section 62 or to any application under section 63 is dissatisfied with the decision of the District Court Judge as being erroneous in point of law, he may appeal to the High Court on the question of law only.

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to every appeal under this section.

On application by way of originating application, a District Court Judge may make such order as he thinks just and expedient for the restoration of any firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive seized and detained in pursuance of the right of search, seizure, or detention conferred by this Act.

Sections 65A to 65G expire with the close of 30 September 1999, and on 1 October 1999—

If a written authority or written permit is treated under subsection (1)(b) as having been revoked, the foreign personal protection officer to whom it was issued must—

For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive, unless he proves that it was not his property and that it was in the possession of some other person.

Where an offence is committed against this Act or against any regulation made under this Act by any person acting as the agent or servant of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he had personally committed the offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part.

Section 25 of the Criminal Procedure Act 2011 shall have no application to prosecutions for offences against this Act.

When any person is convicted of using, carrying, or being in possession of any firearm, airgun, pistol, restricted weapon, imitation firearm, ammunition, or explosive in breach of this Act, the convicting court may, as part of the conviction, order that any such firearm, airgun, pistol, restricted weapon, imitation firearm, ammunition, or explosive shall be forfeited to the Crown.

Any firearm, airgun, pistol, restricted weapon, imitation firearm, ammunition, or explosive ordered, under subsection (1) to be forfeited to the Crown—

Without limiting the operation of any other provisions of this Act as to the disposal of any firearm, airgun, pistol, restricted weapon, imitation firearm, ammunition, or explosive seized or detained under this Act, any such firearm, airgun, pistol, restricted weapon, imitation firearm, ammunition, or explosive that has been detained for not less than 12 months may be disposed of in such manner as the Commissioner may direct.

Nothing in this section limits the authority of a District Court Judge to make an order for the restoration of any such firearm, airgun, pistol, restricted weapon, imitation firearm, ammunition, or explosive on application made under section 65.

No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Crown, or any Minister of the Crown, or any person acting in good faith in the execution or intended execution of this Act, save only in respect of any compensation that is payable in accordance with the express provisions of this Act.

The Commissioner may from time to time, by writing under his hand, either generally or particularly, delegate to such member or members of the Police of a level of position not less than inspector, as he thinks fit, all or any of his powers under this Act.

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.

Subject to subsection (1), any delegation under this section may be made to a specified member of the Police or to members of the Police of a specified level of position or class, or may be made to the holder or holders for the time being of a specified office or class of offices.

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner.

Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Commissioner.

The revocation of any such delegation shall not affect in any way anything done under the delegated authority.

Any notice or other document required or authorised by this Act to be served on or given to any person shall be in writing and shall be sufficiently served on or given to that person if it is—

Without limiting the provisions of subsection (1), any notice or other document required or authorised by this Act to be served on or given to any person shall be deemed to have been duly served on or given to that person if it is given—

If the person is deceased, the notice or other document may be served on or given to that person’s personal representatives.

If the person is absent from New Zealand and his or her place of abode or business outside New Zealand is not known to the person by whom the notice or other document is to be served or given, the notice or other document shall (unless it can be served on or given to an agent in New Zealand of the person who is absent from New Zealand) be served or given in such manner as may be directed by an order of the District Court.

Where any notice or other document is sent by post in accordance with subsection (1)(c),—

Notwithstanding anything in the foregoing provisions of this section, the District Court may in any case make an order directing the manner in which any notice or other document is to be served or given, or dispensing with the service or giving thereof.

This section does not apply to notices or other documents served or given in any proceedings in any court.

Notwithstanding anything in this Act, but subject to any prohibitions, limitations, restrictions, or conditions imposed by or pursuant to any regulations made under this Act,—

In subsection (1)(a), carrier includes any postal operator within the meaning of the Postal Services Act 1998.

The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:

Notwithstanding the provisions of any regulations made under this Act, the Commissioner may dispense with the payment of any fee payable under any such regulations.

The Governor-General may by Order in Council do any or all of the following things:

The explanatory note of an order made under section 74A(b), (c), or (d) must indicate that—

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

The enactments specified in the Schedule are hereby repealed.

Every dealer’s licence which is issued under the Arms Act 1958 and which is in force immediately before the commencement of this Act shall, until the close of 31 March 1985, continue and have effect as if it had been issued under this Act; and any such licence may be revoked or renewed under this Act.

Every permit which is issued under section 6 of the Arms Act 1958 and which is in force immediately before the commencement of this Act shall, subject to section 18(3) of this Act, continue and have effect as if it had been issued for the purposes of section 16(1) of this Act.

Every permit which is issued under section 7 of the Arms Act 1958 and which is in force immediately before the commencement of this Act shall cease to have effect on the commencement of this Act.

Every person who, immediately before the commencement of this Act, is lawfully in possession of a firearm by virtue of—

shall, subject to section 27 of this Act, be deemed, until the close of 31 January 1985 to be the holder of a firearms licence entitling him to have possession of the firearm so lawfully in his possession (whether or not it is a pistol).

Every person (not being a person to whom subsection (4) applies) who, immediately before the commencement of this Act, is lawfully in possession of a shotgun shall, subject to section 27, be deemed, until the close of 31 January 1985, to be the holder of a firearms licence entitling him to have possession of that shotgun.

Every person who, immediately before the commencement of this Act, is, by virtue of a licence under section 12(3) of the Arms Act 1958, lawfully in possession of an unlawful weapon or of any part or parts of an unlawful weapon shall, subject to sections 27 and 33 of this Act, be deemed, until the close of 31 January 1985, to be the holder of a firearms licence bearing an endorsement under section 30 of this Act permitting him to have possession of that weapon or of that part or those parts of that weapon.

Every person who, immediately before the commencement of this Act, is, by virtue of a licence granted under section 13 of the Arms Act 1958, entitled to carry a pistol in any place beyond the limits of his dwellinghouse, or the curtilage thereof, shall, subject to sections 27 and 36(2) of this Act, be deemed, until the close of 31 March 1985, to be the holder of a firearms licence and to have had the conditions (which are endorsed on his licence under section 13 of the Arms Act 1958) endorsed on that firearms licence under section 36(1) of this Act.

All appeals that have been commenced under section 14 of the Arms Act 1958 and are pending at the commencement of this Act shall be heard and determined as if the Arms Act 1958 had not been repealed; but, on the hearing of any such appeal, the District Court Judge, in addition to the powers conferred on him by that Act, may order that, for the purposes of this section, the appellant shall be treated—

The Acts Interpretation Act 1924 shall apply subject to this section.