After section 38, insert:
In this Part,—
application for approval means an application made under section 38D to have a shooting club approved
application for certification means an application made under section 38L to have a shooting range certified
certified shooting range means a shooting range certified under section 38P
shooting activities—
means activities that are carried out using a firearm or an airgun for the purpose of shooting at inanimate targets (whether fixed or moving); but
excludes—
paintball shooting; and
airsoft shooting
shooting club means a voluntary association of people who—
act in accordance with a set of written rules; and
participate in, or intend to participate in, shooting activities on a regular basis
shooting range—
means a facility (whether indoor or outdoor), or a designated area of land, used by a shooting club or members of the public for the primary purpose of carrying out shooting activities; and
includes any defence area (as that term is defined in section 2(1) of the Defence Act 1990) used by a shooting club.
(1)
A shooting club that uses a shooting range for its shooting activities must hold a certificate of approval issued by the Commissioner.
(2)
A pistol club that applies for a certificate of approval must be registered under the Incorporated Societies Act 1908.
(3)
A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, establishes or continues to operate a shooting club without the club holding a certificate of approval.
This section applies if ammunition or firearms are sold on behalf of a shooting club.
A shooting club to which this section applies may not hold a certificate of approval under section 38G unless it is registered under the Incorporated Societies Act 1908.
An application for a certificate of approval must be made,—
if the shooting club is a body corporate, by a person who is authorised to make the application; or
if the shooting club is not a body corporate, by the club’s representative who is authorised by the club to make the application.
An application for approval must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—
be in a form approved by the Commissioner; and
be supported by any information and documents that are prescribed; and
be accompanied by the prescribed application fee (if any).
On receipt of an application for approval made under section 38D, the Commissioner—
may make whatever inquiries the Commissioner considers necessary to determine whether the application should be granted; and
may request the applicant to provide any further information or documents that the Commissioner considers necessary to determine whether the application should be granted.
The Commissioner may grant an application for approval made under section 38D if the Commissioner is satisfied that the shooting club—
will be using a certified shooting range for its shooting activities; and
has rules relating to the safe operation of firearms and promotes the safe possession and use of firearms; and
is appropriately administered; and
is able to safely manage its shooting activities; and
has proper storage for any firearm or ammunition held at any of the club’s premises or at a shooting range used by the club.
If the Commissioner grants an application for approval, the Commissioner must issue to the shooting club a certificate of approval.
A certificate of approval may be granted subject to any conditions that the Commissioner considers appropriate.
A certificate of approval granted to a shooting club continues until—
surrendered by the shooting club; or
cancelled by the Commissioner.
The Commissioner must cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—
the shooting club is not using a certified shooting range for its shooting activities; or
the shooting club is no longer carrying on its operations; or
the shooting club no longer meets the requirements in section 38C or 38F; or
the shooting club has failed to comply with an improvement notice issued under section 38V.
The Commissioner may cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—
the shooting club has failed to comply with any conditions to which its certificate of approval is subject; or
the shooting club has failed to report any serious firearms-related safety incident; or
any activity of the shooting club has raised any reasonable concern about the safety of its members or the public.
The Commissioner may require a shooting club to reapply for a certificate of approval if—
the club has amalgamated with another shooting club that has a different discipline; or
the club is an incorporated society that has ceased to be registered under the Incorporated Societies Act 1908 for at least 2 years.
Sections 38D to 38I apply to an application as if the application were an application for a certificate of approval.
A shooting club must, not later than 5 months after the end of its financial year, provide to the Commissioner an annual report on its operation.
The annual report must include the particulars prescribed in regulations made under this Act.
A person may not operate a shooting range unless the shooting range is a certified shooting range.
A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1).
An application for certification of a shooting range may be made,—
if the person who is proposing to operate the range is an individual, by that individual; or
if the person who is proposing to operate the range is a body corporate, by a person who is authorised to make the application; or
if the person who is proposing to operate the range is not an individual or a body corporate, by the person’s representative who is authorised by the person to make the application.
An application for certification must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—
On receipt of an application for certification made under section 38M, the Commissioner—
The Commissioner may grant an application for certification made under section 38M if the Commissioner is satisfied that—
the shooting range meets all required safety standards published by the Commissioner; and
all necessary territorial authority and regional council consents to operate the shooting range have been obtained.
If the Commissioner grants an application for certification in respect of a shooting range, the Commissioner must issue a certificate to the applicant.
A certificate granted under section 38P is subject to the condition that, at all times while the certified shooting range is in use, an officer is on duty who—
holds a firearms licence; and
is appropriately trained in shooting range safety management.
Certification granted under section 38P may be made subject to any other conditions that the Commissioner considers appropriate, which may include conditions relating to—
maintenance of the shooting range:
public access to the shooting range:
restrictions on the types of firearms and ammunition that may be used at the shooting range:
competitions that may be conducted at the shooting range.
A certified shooting range must request the Commissioner to review its range certification if it is intended that the operation of the range will depart from the conditions imposed by or under this section.
A certificate issued in respect of a shooting range remains in force 5 years after the date it is issued unless the certificate is sooner surrendered or cancelled.
The Commissioner may cancel certification in respect of a shooting range if the Commissioner is satisfied that—
the shooting range is no longer being operated as a shooting range; or
the shooting range is not being operated with proper regard to individual or public safety; or
the operator of the shooting range is not complying with any conditions imposed under section 38Q; or
having regard to the matters specified in section 38O, it is no longer appropriate that the shooting range be certified; or
the operator of a shooting range has failed to comply with an improvement notice issued under section 38V.
A certificate granted under section 38P may be renewed on 1 or more occasions.
Sections 38M to 38S apply to an application for renewal of certification as if the application were an application for certification, unless subsection (4) applies.
A renewed certificate is to be treated for all purposes as a new certification granted under section 38P.
(4)
If the circumstances of the shooting range have not changed significantly for 5 years, the applicant may initiate the renewal of the certification by using a form approved by the Commissioner instead of applying under section 38M.
For the purpose of ensuring that a shooting club or shooting range is operated in accordance with this Act, a person who is a member of the Police and authorised in writing by the Commissioner may—
enter and inspect—
any shooting range (including any shooting club that is part of the range); and
any place where the shooting club stores firearms or ammunition:
inspect, print, copy, or remove any documents that the person believes on reasonable grounds to be those of the shooting club or shooting range.
A member of the Police must give at least 7 days’ notice of their intention to enter and inspect a venue of a shooting club or a shooting range.
The provisions of Part 4 of the Search and Surveillance Act 2012 (apart from subpart 3) apply.
Compare: 1989 No 80 s 319B; 2002 No 40 s 39
This section applies if a member of the Police reasonably believes that a shooting club or shooting range—
is failing, is likely to fail, or has failed to comply with any conditions to which a certificate of approval or certification is subject; or
is contravening, is likely to contravene, or has contravened a provision of this Act or regulations made under this Act.
If this section applies, the member of the Police may issue an improvement notice to the shooting club or the operator of the shooting range requiring the shooting club or shooting range, within a reasonable period of time specified in the notice, to—
remedy the non-compliance or contravention; or
prevent a likely non-compliance or contravention from occurring.
Compare: 2015 No 70 s 101
A member of the Police may, by notice in writing to a shooting club, temporarily suspend the operations of the shooting club if the member is satisfied that the shooting club has failed to comply with an improvement notice issued under section 38V.
A notice of temporary suspension must state—
the ground on which the notice is given; and
the date on which the suspension begins; and
that the suspension is to enable the Police to consider cancelling the shooting club’s certificate of approval on that ground; and
that the suspension lasts until notice of the decision as to whether to cancel the certificate of approval is given to the shooting club, but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period.
A member of the Police may, by notice in writing to the operator of a shooting range, temporarily suspend the operations of the shooting range if the member is satisfied that the shooting range has failed to comply with an improvement notice issued under section 38V.
that the suspension is to enable the Police to consider cancelling the shooting range’s certification on that ground; and
that the suspension lasts until notice of the decision as to whether to cancel the certification is given to the operator of the shooting range, but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period.
accessing agency means—
the Department of Conservation; and
the Ministry of Foreign Affairs and Trade; and
the New Zealand Customs Service
arms item has the meaning given in section 2(1) and includes, as an additional class of item, ammunition
direct access, in relation to the registry, means to do either or both of the following (whether remotely or otherwise):
search the registry:
copy any information stored in the registry
import and export information, in relation to a licence holder, means details relating to—
any permit to import issued to the licence holder under section 18(2) or (4):
any class or classes of arms items exported by the licence holder
licence holder means—
a person who is the holder of a firearms licence; and
a person who at any time held a firearms licence
licence information, in relation to a licence holder, means—
the licence holder’s—
name; and
date of birth; and
residential address; and
the following details about the licence holder’s firearms licence:
the firearms licence number; and
the date of expiry of the firearms licence; and
any endorsements on the firearms licence.
This Part does not prevent or limit the collection, use, or disclosure of information that—
is authorised or required by or under any enactment; or
is permitted under any enactment.
The Department of Conservation may have direct access to a licence holder’s licence information recorded in the registry.
The purpose of the direct access is to provide administrative assistance to the Director-General of Conservation in relation to the issue, under section 38 of the Conservation Act 1987, of permits for hunting.
The Ministry of Foreign Affairs and Trade and the New Zealand Customs Service may have direct access to a licence holder’s import and export information recorded in the registry.
The purpose of the direct access is to assist the agencies in performing or exercising their functions, duties, and powers in relation to the movement of lawfully permitted and lawfully possessed arms items.
All direct access authorised by section 38ZA or 38ZB must be in accordance with a written direct access agreement entered into between—
the Minister responsible for the accessing agency; and
the Minister of Police.
Before entering into a direct access agreement, the Ministers referred to in section 38ZC must be satisfied—
that—
in the case of direct access authorised by section 38ZA, the direct access will enable the Director-General of Conservation to more effectively or efficiently issue permits for hunting; or
in the case of direct access authorised by section 38ZB, the direct access will enable the Ministry of Foreign Affairs and Trade or the New Zealand Customs Service to perform and exercise their functions, duties, and powers more effectively or efficiently; and
that there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the direct access, use, disclosure, and retention of the information are sufficient; and
that the agreement includes appropriate procedures for direct access, use, disclosure, and retention of the information.
Before entering into a direct access agreement, the Ministers referred to in section 38ZC must consult and invite comment on the proposed agreement from—
the Privacy Commissioner; and
the advisory group established under section 88.
When consulted on a direct access agreement, the Privacy Commissioner must have particular regard to the matters that the Ministers need to be satisfied of before entering into the agreement that are specified in section 38ZD(b) and (c).
The Ministers must have regard to any comment received from the Privacy Commissioner and the advisory group on the proposed agreement.
A direct access agreement must specify—
the particular information in relation to licence holders that may be accessed:
the particular purpose or purposes for which the information may be accessed:
the particular function, duty, or power being, or to be, performed or exercised by the accessing agency for which the information is required:
the mechanism by which the information is to be accessed:
the position or designation of the person or persons in the accessing agency who may access the information:
the records to be kept in relation to each occasion on which the registry is accessed:
the safeguards that are to be applied for protecting information:
the requirements relating to storage and disposal of information obtained from the registry:
that the accessing agency may use the information only in accordance with the purposes for which it was accessed:
the requirements for reviewing the agreement:
the requirement to regularly audit access to the registry.
Sections 38ZD and 38ZE apply with any necessary modifications in respect of a proposal to enter into an agreement varying a direct access agreement.
An agreement, and all variations to the agreement, must be published on—
an Internet site maintained by or on behalf of the accessing agency; and
an Internet site maintained by or on behalf of the Police.
However, subsection (1) does not apply to—
an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982:
a provision of an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982.
If, in reliance on subsection (2)(a), an agreement or a variation of an agreement is not published, a summary of the agreement or variation of the agreement must be published on—