Firearms Prohibition Orders Legislation Act 2022
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Firearms Prohibition Orders Legislation Act 2022
Public Act |
2022 No 41 |
|
Date of assent |
15 August 2022 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Firearms Prohibition Orders Legislation Act 2022.
2 Commencement
This Act comes into force 3 months after the date on which it receives the Royal assent.
Part 1 Amendments to Arms Act 1983
3 Principal Act
This Part amends the Arms Act 1983.
4 Section 2 amended (Interpretation)
In section 2(1), insert in its appropriate alphabetical order:
firearms prohibition order or FPO means an order made against a person by a court under section 39A
5 Section 3 amended (Act to bind the Crown)
(1)
Replace section 3(6) with:
(6)
Except with the leave of the Attorney-General, no prosecution for any of the following offences may be commenced or continued against any constable in respect of any act they commit at a time or during a period when they are acting as an undercover officer:
(a)
an offence against section 42A, 42B, 55D, 55E, 55F, or 55G; or
(b)
an offence of conspiring to commit an offence against section 42A, 42B, 55D, 55E, 55F, or 55G; or
(c)
an offence of attempting to commit an offence against section 42A, 42B, 55D, 55E, 55F, or 55G.
(2)
In section 3(7)(a), after “sections”
, insert “42A, 42B,”
.
6 Section 22H amended (Persons disqualified from holding firearms licence)
After section 22H(b), insert:
(c)
the person is subject to a firearms prohibition order.
7 Section 24A amended (Fit and proper person to possess firearm or airgun)
After section 24A(1)(c), insert:
(ca)
the person has, or has had at any time, a firearms prohibition order made against them:
8 New Part 7A inserted
After section 38ZH, insert:
Part 7A Firearms prohibition orders
39 Interpretation
For the purposes of this Part, firearm or related item means any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, prohibited item, or ammunition.
39A When FPO may be made
(1)
This section applies when a court is sentencing an offender who—
(a)
has been convicted of—
(i)
an offence under section 16(4), 16A, 44A, 50A, 50D, 51A, 53A, 54, 54A, 55, 55A, 55D, 55E, or 55F; or
(ii)
a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014; or
(iii)
an offence under section 98A or 189A of the Crimes Act 1961; or
(iv)
an offence under any of sections 6A to 10 or sections 12 to 13E of the Terrorism Suppression Act 2002; and
(b)
committed the offence—
(i)
when aged 18 years or over; and
(ii)
after the commencement of this section.
(2)
The court may make an FPO against the offender if the court is satisfied, on the balance of probabilities, that the imposition of an FPO is necessary, reasonable, and appropriate to assist in managing the risk that the offender poses to public safety.
39B Effect of FPO
(1)
An FPO made against an offender prohibits the offender from accessing, possessing, or using any firearm or related item.
(2)
An FPO is subject to—
(a)
the standard conditions set out in section 39C, as may be varied or modified under section 39D by the court making the FPO; and
(b)
any special conditions imposed under section 39E by the court making the FPO.
39C Standard conditions of FPO
(1)
The standard conditions of an FPO are that the offender against whom the order is made must not—
(a)
associate with or, in any place (including a vehicle), otherwise be in the presence of a person who has with them any firearms or related items that are not in secure storage:
(b)
reside at any premises in which any firearms or related items are stored:
(c)
join, or remain a member of, any shooting club (including an airsoft shooting club) or firearms club of any kind, visit the premises of such clubs, or attend the events of such clubs:
(d)
attend any shooting range or shooting gallery:
(e)
attend an activity of any kind that involves the use of any firearms or related items:
(f)
visit any premises or place at which firearms or related items are manufactured, sold, repaired, hired, lent, or otherwise supplied.
(2)
For the purposes of subsection (1)(b), a person resides at any particular premises if they reside at the premises for at least 2 days (whether consecutive or not) in any period of 12 months.
39D Varying or modifying standard conditions of FPO
(1)
When making an FPO against an offender, the court may vary or modify the standard conditions of the FPO set out in section 39C having regard to—
(a)
the nature and seriousness of the offence in respect of which the offender has been convicted; and
(b)
the circumstances of the offending; and
(c)
the offender’s personal circumstances (for example, the effect the standard conditions would have on the offender’s employment opportunities); and
(d)
any other matters that the court considers relevant.
(2)
The court may not vary or modify the standard condition in section 39C(1)(b) unless it is satisfied that there are sufficient safeguards in place to ensure that the offender is not reasonably likely to obtain access to the firearms or related items stored on the premises.
(3)
For the purposes of subsection (2), the court may take into account any proposal agreed between the responsible person and a member of the Police for the Commissioner to prescribe conditions on the responsible person’s firearms licence.
(4)
In subsection (3), responsible person means the firearms licence holder responsible for the secure storage of the firearms and related items in the premises referred to in section 39C(1)(b).
39E Special conditions of FPO
When making an FPO against an offender, the court may impose any 1 or more conditions, additional to the standard conditions, that the court considers are reasonably necessary to prevent the offender from accessing, possessing, or using any firearms or related items.
39F Commencement and duration of FPO
(1)
If a court makes an FPO when imposing a non-custodial sentence on the offender, the FPO commences when it is made.
(2)
If a court makes an FPO when imposing a custodial sentence on the offender, the FPO commences when the offender is released from custody (not being a temporary release under section 62 of the Corrections Act 2004).
(3)
An FPO continues in force for a period of 10 years unless sooner revoked by a court.
39G Modifying or replacing FPO on subsequent conviction
If a person who is subject to an FPO is subsequently convicted of an offence of the kind specified in section 39A(1)(a), the court may, when sentencing the person in respect of that offence,—
(a)
vary or modify any of the existing conditions of the FPO; or
(b)
impose any special conditions, or additional special conditions; or
(c)
revoke the FPO and make a new FPO.
39H Appeal against decision to make or not make FPO is appeal against sentence
An FPO is a sentence, and subpart 4 of Part 6 of the Criminal Procedure Act 2011 (appeals against sentence) applies to any decision to make or not make an FPO.
9 Section 41A renumbered and repositioned (Marking of firearms)
Renumber section 41A as section 59AAA and reposition it immediately after the Part 9 heading.
10 New sections 42A and 42B inserted
After section 42, insert:
42A Offence to breach firearms prohibition order
(1)
A person commits an offence if the person breaches a firearms prohibition order by—
(a)
accessing, possessing, or using any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, prohibited item, or ammunition; or
(b)
failing, without reasonable excuse, to comply with any condition of the order.
(2)
A person who is convicted of an offence under subsection (1)(a) is liable,—
(a)
if the person accesses, possesses, or uses a prohibited firearm, to a term of imprisonment not exceeding 7 years:
(b)
in any other case, to a term of imprisonment not exceeding 5 years.
(3)
A person who is convicted of an offence under subsection (1)(b) is liable to a term of imprisonment not exceeding 2 years.
42B Offence to supply firearms, etc, to person subject to firearms prohibition order
(1)
A person must not supply, or give possession of, any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, prohibited item, or ammunition to another person knowing that the other person is subject to a firearms prohibition order.
(2)
A person who contravenes subsection (1) commits an offence and is liable on conviction,—
(a)
if the person supplies or gives possession of a prohibited firearm, to a term of imprisonment not exceeding 7 years:
(b)
in any other case, to a term of imprisonment not exceeding 5 years.
11 New cross-heading above section 59AAA inserted
Before section 59AAA (as renumbered and repositioned by section 9 of this Act), insert:
Marking of firearms
12 Section 69 amended (Forfeitures)
(1)
After section 69(1), insert:
(1A)
If a person is convicted of an offence under section 42A for breaching a firearms prohibition order and is in possession of any firearms or related items, the convicting court must, as part of the sentencing, order that the firearms or related items be forfeited to the Crown.
(2)
In section 69(2), after “subsection (1)”
, insert “or (1A)”
.
(3)
In section 69(3), replace “Any specified item ordered under subsection (1)”
with “Anything ordered under subsection (1) or (1A)”
.
(4)
Replace section 69(4) with:
(4)
In this section,—
firearm or related item has the meaning given in section 39
specified item means any firearm, airgun, pistol, restricted weapon, imitation firearm, prohibited item, pistol carbine conversion kit, ammunition, or explosive.
Part 2 Amendments to other Acts
Subpart 1—Amendment to Evidence Act 2006
13 Principal Act
This subpart amends the Evidence Act 2006.
14 Section 108 amended (Undercover Police officers)
After section 108(1)(c), insert:
(ca)
for an offence against section 42A or 42B of the Arms Act 1983; or
Subpart 2—Amendment to Privacy Act 2020
15 Principal Act
This subpart amends the Privacy Act 2020.
16 Schedule 4 amended
In Schedule 4, under the heading “Police records”, after the item relating to firearms licences, insert:
| Firearms prohibition order | Details of firearms prohibition orders made under the Arms Act 1983 | Department of Corrections (access is limited to obtaining information about any offender who is subject to a firearms prohibition order while also subject to— | ||
(a)a full-time custodial sentence (including while released on parole or subject to conditions imposed under section 93 of the Sentencing Act 2002); or (b)a sentence of supervision, intensive supervision, community work, or community detention; or (c)a non-association order; or (d)a sentence of home detention (including while subject to post-detention conditions); or (e)an extended supervision order; or (f)a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection Orders) Act 2014 Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, any post-sentence supervision, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with the conditions of any firearms prohibition order) |
Subpart 3—Amendments to Search and Surveillance Act 2012
17 Principal Act
This subpart amends the Search and Surveillance Act 2012.
18 Section 3 amended (Interpretation)
In section 3(1), replace the definition of arms with:
arms means any firearm, airgun, pistol, pistol carbine conversion kit, restricted weapon, prohibited magazine, non-prohibited magazine, part, imitation firearm, or explosive (as those terms are defined in the Arms Act 1983), or any ammunition
19 Section 45 amended (Restrictions on some trespass surveillance and use of interception device)
In section 45(1)(b) and (2)(b), after “16A,”
, insert “42A, 42B,”
.
Subpart 4—Amendment to Sentencing Act 2002
20 Principal Act
This subpart amends the Sentencing Act 2002.
21 New section 111A and cross-heading inserted
After section 111, insert:
Firearms prohibition orders
111A Firearms prohibition order
(1)
If an offender is convicted of a specified offence committed by the offender when aged 18 years or older, the court may make a firearms prohibition order against the offender under Part 7A of the Arms Act 1983.
(2)
In this section, specified offence means any of the following offences committed after the commencement of Part 7A of the Arms Act 1983:
(a)
a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014:
(b)
an offence under section 16(4), 16A, 44A, 50A, 50D, 51A, 53A, 54, 54A, 55, 55A, 55D, 55E, or 55F of the Arms Act 1983:
(c)
an offence under section 98A or 189A of the Crimes Act 1961:
(d)
an offence under any of sections 6A to 10 or sections 12 to 13E of the Terrorism Suppression Act 2002.
Legislative history
15 December 2021 |
Introduction (Bill 106–1) |
|
9 February 2022 |
First reading and referral to Justice Committee |
|
29 July 2022 |
Reported from Justice Committee (Bill 106–2) |
|
4 August 2022 |
Second reading |
|
9 August 2022 |
Committee of the whole House, third reading |
|
15 August 2022 |
Royal assent |
This Act is administered by the Ministry of Justice.
Versions
Firearms Prohibition Orders Legislation Act 2022
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