Arms Act 1983

If you need more information about this Act, please contact the administering agency: New Zealand Police

Version as at 29 November 2022

Coat of Arms of New Zealand

Arms Act 1983

Public Act
 
1983 No 44
Date of assent
 
29 November 1983
Commencement
 
see section 1(2)
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the New Zealand Police.

Contents

Title [Repealed]
1Short Title and commencement
Part 1
Preliminary provisions
1APurposes of this Act
2Interpretation
2AMeaning of prohibited firearm
2BMeaning of prohibited magazine
2CMeaning of prohibited part
2DMeaning of prohibited ammunition
3Act to bind the Crown
3ATransitional, savings, and related provisions
4Power to declare weapons to be restricted weapons or specially dangerous airguns
4APersons who may apply to import, manufacture, sell, supply, possess, or use prohibited items
Part 2
Licensed dealers
Licensed dealers
[Repealed]
5Dealers to be licensed
5AApplication for dealer’s licence
5BIssue of dealer’s licence
5COn-site theatrical armourers to supervise firearms use in certain cases
6Fit and proper person to hold dealer’s licence
6AConditions of dealer’s licence
6BSpecial condition of dealer’s licence relating to manufacture of firearms, etc
6CBreach of conditions to which dealer’s licence is subject
7Place of business
7AGun shows
8Duration of dealer’s licence
8ARenewal of dealer’s licence
8BSurrender of dealer’s licence
8CEffect of expiry or surrender of dealer’s licence
9Revocation of dealer’s licence
9ARevocation of suspended dealer’s licence
9BEffect of revocation of dealer’s licence
10Restriction on possession of prohibited firearms, prohibited magazines, pistols, restricted weapons, and pistol carbine conversion kits
11Employees of licensed dealer to hold firearms licence bearing appropriate endorsements
12Record of dealings by licensed dealers
13Seizure of items held by licensed dealer
14Disposal of items of dealer if licence expires or is surrendered or revoked
15Offence to carry on dealer activities following expiry, surrender, or revocation of dealer’s licence
Part 3
Permits to import
Importation of firearms and ammunition
[Repealed]
16Offence to import firearms, etc, without permit
16AOffence to import prohibited ammunition
17Burden of proof [Repealed]
18Issue of permit to import firearms, etc
18AAIssue of permit to import pistol carbine conversion kits
18AABIssue of permit to import air pistol carbine conversion kits
18AACRevocation and validity of permit to import
18AADPermit to import issued for items to be brought or sent into New Zealand in single consignment or multiple consignments
18AExpiry of permits to import
18BProduction of samples
18CExport of specified items not corresponding with sample or otherwise approved for importation
19Seizure of illegally imported items
Part 4
General restrictions
General restrictions on possession of firearms, airguns, magazines, parts, and ammunition
19ARestriction on possession of prohibited firearms and prohibited magazines
19BRestriction on possession of prohibited parts
19CRestriction on possession of pistols and restricted weapons
General restrictions on possession of firearms and airguns
[Repealed]
20Restriction on possession of non-prohibited firearms
21Restrictions on possession of airguns
22Exemptions
22ARestriction on possession of non-prohibited magazines and non-prohibited parts
22BRestriction on possession of ammunition
Restrictions on possession of pistol carbine conversion kits
22CRestrictions on possession of pistol carbine conversion kits
Restrictions on sale or supply of ammunition
22DRestrictions on selling or supplying ammunition
22EAmmunition seller to keep record of ammunition sales
Restriction on ownership of firearms and restricted weapons by visitors
22FVisitors may not take ownership of firearm or restricted weapon
Restriction on manufacture of prohibited items
22GRestriction on manufacture of prohibited items
22HPersons disqualified from holding firearms licence
Part 5
Firearms licences, endorsements, and permits to possess
Firearms licences
23Application for firearms licence
24Issue of firearms licence
24AFit and proper person to possess firearm or airgun
24BGeneral conditions of firearms licence
24CSpecial condition of firearms licence relating to sale or supply of ammunition
24DBreach of conditions to which firearms licence is subject
25Duration of firearms licence
25AApplication for new firearms licence made by holder of current licence
26Production of firearms licence
27Surrender and revocation of firearms licence
27AFamily violence and firearms licences [Repealed]
27BRevocation and surrender of licence if holder becomes disqualified
27CRevocation of suspended firearms licence
28Effect of revocation or surrender of firearms licence
Endorsements
29Application for endorsements in respect of pistol or restricted weapon
30Power to make endorsement in respect of pistols or restricted weapons
30AApplication for endorsement in respect of prohibited firearm or prohibited magazine
30BPower to make endorsement in respect of prohibited firearm or prohibited magazine
31Possession of firearm, pistol, prohibited item, or restricted weapon for stage, film, or television purposes
31AConditions of endorsements
32Further conditions of endorsements in respect of pistols and restricted weapons
33Revocation of endorsements
33AFurther conditions of endorsement in respect of prohibited firearm or prohibited magazine
33BRevocation of endorsement in respect of prohibited firearm or prohibited magazine
33CDuration of endorsements
34Notification of change of address
Photographs
34APower to require or take photographs of applicants
34BEffect of non-compliance with requirements in relation to photographs or to calling-in of licences
Permits to possess pistols, restricted weapons, prohibited firearms, prohibited magazines, and pistol carbine conversion kits
35Issue of permit to possess pistol or restricted weapon
35AAAIssue of permit to possess pistol carbine conversion kit
35AIssue of permit to possess prohibited firearm or prohibited magazine
36Offence to carry pistol, prohibited firearm, prohibited magazine, or restricted weapon without authority
37Surrender of restricted weapon
38Removal of pistol, prohibited firearm, prohibited magazine, or restricted weapon out of New Zealand
Part 6
Shooting clubs and shooting ranges
38AInterpretation
Shooting clubs
38BShooting club must have certificate of approval
38CShooting club must be incorporated society if ammunition or firearms sold on its behalf
38DApplication to have shooting club approved
38ECommissioner may make inquiries and request further information
38FDecision on application for certificate of approval
38GIssue of certificate of approval
38HDuration of certificate of approval
38ICancellation of certificate of approval
38JClub may have to reapply for certificate of approval
38KAnnual reports
Shooting ranges
38LShooting ranges must be certified
38MApplication to have shooting range certified
38NCommissioner may make inquiries and request further information
38ODecision on application to have shooting range certified
38PGrant of certification
38QCertification granted subject to conditions
38RDuration of certification
38SCancellation of certification
38TRenewal of certification
Compliance
38UInspections of shooting clubs and shooting ranges
38VImprovement notices
38WTemporary suspension of shooting club’s operations pending possible cancellation of certificate of approval
38XTemporary suspension of shooting range’s operations pending possible cancellation of certification
Miscellaneous obligations
[Repealed]
39Loss, theft, or destruction [Repealed]
40Person in possession of firearm, etc, must give identifying information to Police [Repealed]
41Powers of Police to require surrender of airguns or antique firearms [Repealed]
Part 7A
Firearms prohibition orders
39Interpretation
39AWhen FPO may be made
39BEffect of FPO
39CStandard conditions of FPO
39DVarying or modifying standard conditions of FPO
39ESpecial conditions of FPO
39FCommencement and duration of FPO
39GModifying or replacing FPO on subsequent conviction
39HAppeal against decision to make or not make FPO is appeal against sentence
Part 8
Offences
Offences
[Repealed]
42Offences in respect of licences
42AOffence to breach firearms prohibition order
42BOffence to supply firearms, etc, to person subject to firearms prohibition order
43Selling or supplying firearm or airgun to unlicensed person
43AASelling or supplying prohibited ammunition
43AMail order or Internet sale of arms items or ammunition
43BRestriction on sales of ammunition [Repealed]
44Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess
44AAUnlawful sale or supply of pistol carbine conversion kit
44AOffence to sell or supply prohibited firearm or prohibited magazine
44BOffence to sell or supply prohibited part
45Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purpose
46Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
47Being in charge of firearm, airgun, pistol, or restricted weapon while under the influence of drink or drug
48Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
49Using, discharging, or carrying certain firearms except for some lawful, proper, or sufficient purpose
49AUnlawful possession of firearm, prohibited magazine, prohibited part, or airgun after revocation of firearms licence
50Unlawful possession of pistol or restricted weapon
50AAUnlawful possession of pistol carbine conversion kit
50AUnlawful possession of prohibited firearm
50BUnlawful possession of prohibited magazine
50CUnlawful possession of prohibited part
50CAUnlawful possession of prohibited ammunition
50DUnlawfully carrying or possessing prohibited firearm in public place
51Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, explosive, or restricted weapon
51APresenting prohibited firearm at other person
52Presenting firearm, airgun, pistol, or restricted weapon at other person
53Careless use of firearm, airgun, pistol, or restricted weapon
53AUse or attempted use of prohibited firearm to resist or prevent arrest or commit offence
54Use or attempted use of airgun, etc, to resist or prevent arrest or commit offence
54ACarrying prohibited firearm with criminal intent
55Carrying firearm, etc, with criminal intent
55AOffence to assemble prohibited firearm
55BOffence of failing to produce prohibited firearm, etc, on demand or to permit inspection of prohibited firearm, etc
55COffence of failing to produce firearm other than pistol, restricted weapon, or prohibited firearm on demand or to permit inspection of firearm
55DOffences relating to illegal manufacturing of certain arms items
55EOffences relating to illegal trafficking of firearms, parts, or ammunition
55FOffences relating to falsifying firearm markings
55GOffences relating to removing or altering firearm markings
55HExtraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G
55IAttorney-General’s consent required
56Obstruction of member of Police
57Offences committed by corporations
58Reporting of injuries caused by firearms, airguns, pistols, or restricted weapons
59Unsafe firearms or pistols
Part 9
Miscellaneous provisions
Marking of firearms
59AAAMarking of firearms
Surrender or delivery of firearms, etc
59ASurrender by licensed dealer of firearms, etc
59BVoluntary delivery to Police of firearms, etc
60Improvement notices
60ATemporary suspension of licence pending possible revocation
60BEffect of temporary suspension of firearms licence
60CEffect of temporary suspension of dealer’s licence
Search and seizure of firearms
[Repealed]
60Search of suspected persons and seizure of firearms, airguns, pistols, imitation firearms, restricted weapons, ammunition, or explosives [Repealed]
60ASearch of suspected persons and seizure of firearms in cases of domestic violence [Repealed]
61Search of land or buildings for firearms, airguns, pistols, imitation firearms, restricted weapons, ammunition, or explosives [Repealed]
Appeals
62Right of review of official decisions
62AHow review to be conducted
62BRight of appeal to District Court
62CFurther provisions relating to appeals
63Appeal to District Court Judge in respect of compensation
64Appeal on a question of law
Restoration of articles seized
65Restoration of articles seized
Foreign personal protection officers
[Repealed]
65AInterpretation [Repealed]
65BPower to authorise foreign personal protection officer to carry and have possession of firearms, etc [Repealed]
65CPower to permit temporary importation of firearms, etc, by foreign personal protection officer [Repealed]
65DGrounds for issue of written authority or written permit [Repealed]
65EConditions of written authority or written permit [Repealed]
65FInspections [Repealed]
65GPower to revoke [Repealed]
65HExpiry of sections 65A to 65G
Other miscellaneous provisions
65IDuration of licences extended because of COVID-19 outbreak [Repealed]
66Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine, or explosive found therein
66ALoss, theft, or destruction of firearm, etc
66BPerson in possession of firearm, etc, must give identifying information to Police
66CPowers of Police to require surrender of airguns or antique firearms
66DObligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc
67Liability of principal for acts of agent, etc
68Time for prosecutions not limited
69Forfeitures
70Authorising disposal of firearms, etc, detained by Police
71Protection of persons acting under authority of this Act
72Delegation of powers by Commissioner
72AService of documents
73Savings in respect of carriers and persons authorised to exercise powers of seizure
74Regulations
74AOrder in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition
74BOrders under section 74A are confirmable instruments [Repealed]
74CRegulations providing for transitional matters relating to Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 [Repealed]
74DRegulations providing for transitional matters relating to Arms Legislation Act 2020
75Consequential amendment to Summary Proceedings Act 1957
76Consequential amendments to Trespass Act 1980
77Repeals [Repealed]
78Transitional provisions
Cost recovery
79Purpose of sections 80 to 86
80Activities that may be subject to cost recovery
81Criteria for cost recovery
82Consultation
83Methods of cost recovery
84Payment of fee or charge
85Exemptions, waivers, and refunds
86Regulations relating to cost recovery
Guidance notices
87Guidance notices
Arms Advisory Group
88Arms Advisory Group
89Operations of advisory group
90Provisions relating to appointment of members of advisory group
91Removal of members of advisory group
Medical assessments
92Health practitioners may give Police medical reports of persons unfit to use firearm
Review of operation of this Act
96Review of this Act
Schedule 1
Transitional, savings, and related provisions
Arms Amendment Act 1992
Notes
Title [Repealed]

Title: repealed, on 25 June 2020, by section 4 of the Arms Legislation Act 2020 (2020 No 23).