Arms Legislation Bill

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Hon Stuart Nash

Arms Legislation Bill

Government Bill

177—3

	Key
1	Title
2	Commencement
	Part 1 Amendments to Arms Act 1983
3	Principal Act
4	Long Title repealed
5	New Part 1 heading and section 1A inserted
		Part 1 Preliminary provisions
	1A	Purposes of this Act
6	Section 2 amended (Interpretation)
6A	Section 2A replaced (Meaning of prohibited firearm)
	2A	Meaning of prohibited firearm
6B	Section 2B amended (Meaning of prohibited magazine)
7	Section 3 amended (Act to bind the Crown)
8	Section 4A amended (Persons who may apply to import, sell, supply, possess, or use prohibited items)
9	Cross-heading above section 5 replaced
		Part 2 Licensed dealers
10	Sections 5 and 6 replaced
	5	Dealers to be licensed
	5A	Application for dealer’s licence
	5B	Issue of dealer’s licence
	5C	On-site theatrical armourers to supervise firearms use in certain cases
	6	Fit and proper person to hold dealer’s licence
10A	Section 6A amended (Conditions of dealer’s licence)
11	New sections 6B and 6C inserted ~~(Special condition of dealer’s licence relating to manufacture of firearms, etc)~~
	6B	Special condition of dealer’s licence relating to manufacture of firearms, etc
	6C	Breach of conditions to which dealer’s licence is subject
11A	Section 7 replaced (Place of business)
	7	Place of business
12	Section 7A amended (Gun shows)
12A	Section 8 replaced (Duration of dealer’s licence)
	8	Duration of dealer’s licence
	8A	Renewal of dealer’s licence
	8B	Surrender of dealer’s licence
	8C	Effect of expiry or surrender of dealer’s licence
13	~~Section 9 amended (Revocation of dealer’s licence)~~
13	Section 9 replaced (Revocation of dealer’s licence)
	9	Revocation of dealer’s licence
	9A	Revocation of suspended dealer’s licence
	9B	Effect of revocation of dealer’s licence
14	Section 10 amended (Restriction on possession of pistol, prohibited items, or restricted weapon by licensed dealer)
15	Section 11 replaced (Dealers and their employees and agents to hold firearms licences)
	11	Employees of licensed dealer to hold firearms licence bearing appropriate endorsements
16	Section 12 amended (Record of dealings by licensed dealers)
17	Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons held by licensed dealers)
18	~~Section 14 amended (Disposal of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons of dealer whose licence is revoked)~~
18	Section 14 replaced (Disposal of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons of dealer whose licence is revoked)
	14	Disposal of items of dealer if licence expires or is surrendered or revoked
19	Section 15 replaced (Offence for licensed dealer to carry on business following revocation of his licence)
	15	Offence to carry on dealer activities following expiry, surrender, or revocation of dealer’s licence
20	Cross-heading above section 16 replaced
		Part 3 Permits to import
21	Section 16 replaced (Offence to import firearms, etc, without permit)
	16	Offence to import firearms, etc, without permit
22	Section 16A replaced (Offence to import prohibited ammunition)
	16A	Offence to import prohibited ammunition
23	Section 17 repealed (Burden of proof)
24	Section 18 replaced (Issue of permit to import)
	18	Issue of permit to import firearms, etc
24A	New sections 18AA to 18AAD inserted
	18AA	Issue of permit to import pistol carbine conversion kits
	18AAB	Issue of permit to import air pistol carbine conversion kits
	18AAC	Revocation and validity of permit to import
	18AAD	Permit to import issued for items to be brought ~~into~~ or sent into New Zealand in single consignment or multiple consignments
25	Section 18B replaced (Samples)
	18B	Production of samples
	18C	Export of specified items not corresponding with sample or otherwise approved for importation
26	Section 19 replaced (Seizure of illegally imported items)
	19	Seizure of illegally ~~transported~~ imported items
27	New Part 4 heading, cross-heading, and sections 19A ~~and~~ to 19C inserted
		Part 4 General restrictions
		General restrictions on possession of firearms, airguns, magazines, parts, and ammunition
	19A	Restriction on possession of prohibited firearms and prohibited magazines
	19B	Restriction on possession of prohibited parts
	19C	Restriction on possession of pistols and restricted weapons
28	Cross-heading above section 20 repealed
29	Section 20 amended (Restrictions on possession of firearms)
30	Section 21 amended (Restrictions on possession of airguns)
31	New sections 22A to 22F and cross-headings inserted
	22A	Restriction on possession of non-prohibited magazines and non-prohibited parts
	22B	Restriction on possession of ammunition
		Restrictions on possession of pistol carbine conversion kits
	22BA	Restrictions on possession of pistol carbine conversion kits
		Restrictions on sale or supply of ammunition
	22C	Restrictions on selling or supplying ammunition
	22D	Ammunition seller to keep record of ammunition sales
		Restriction on ownership of firearms and restricted weapons by visitors
	22E	Visitors may not take ownership of firearm or restricted weapon
		Restriction on manufacture of prohibited items
	22F	Restriction on manufacture of prohibited items
32	Cross-heading above section 23 replaced
		Part 5 Firearms licences, endorsements, and permits to possess
		Firearms licences
33	New section 22G inserted (Persons disqualified from holding firearms licence)
	22G	Persons disqualified from holding a firearms licence
34	Section 23 amended (Application for firearms licence)
35	Section 24 replaced (Issue of firearms licence)
	24	Issue of firearms licence
36	New sections 24A to ~~24C~~ 24D inserted
	24A	Fit and proper person to possess firearm or airgun
	24B	General conditions of firearms licence
	24C	Special condition of firearms licence relating to sale or supply of ammunition
	24D	Breach of conditions to which firearms licence is subject
37	Section 25 amended (Duration of firearms licence)
37A	Section 27 replaced (Revocation and surrender of firearms licence)
	27	~~Revocation and surrender~~ Surrender and revocation of firearms licence
38	Section 27A repealed (Family violence and firearms licences)
39	New sections 27B and 27C inserted
	27B	Revocation and surrender of licence if holder becomes disqualified
	27C	Revocation of suspended firearms ~~or dealer’s~~ licence
40	Section 28 replaced (Effect of revocation or surrender of firearms licence)
	28	Effect of revocation or surrender of firearms licence
40	~~Section 28 amended (Effect of revocation or surrender of firearms licence)~~
41	New cross-heading after section 28 inserted
		Endorsements
42	Section 29 amended (Application for endorsements in respect of pistol or restricted weapon)
43	Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
44	Section 30A replaced (Application for endorsement in respect of prohibited firearm or prohibited magazine)
	30A	Application for endorsement in respect of prohibited firearm or prohibited magazine
45	Section 30B amended (Power to make endorsement in respect of prohibited firearm or prohibited magazine)
45A	Section 31 amended (Possession of firearm, pistol, prohibited item, or restricted weapon for stage, film, or television purposes)
46	New section 33C inserted (Duration of endorsements)
	33C	Duration of endorsements
47	Section 34 amended (Notification of change of address)
48	Section 34B amended (Effect of non-compliance with requirements in relation to photographs or to calling-in of licences)
48A	Cross-heading above section 35 replaced
		Permits to possess pistols, restricted weapons, prohibited firearms, prohibited magazines, and pistol carbine conversion kits
49	Section 35 amended (Issue of permit to possess pistol or restricted weapon)
49A	New section 35AAA inserted (Issue of permit to possess pistol carbine conversion kit)
	35AAA	Issue of permit to possess pistol carbine conversion kit
50	Section 35A amended (Issue of permit to possess prohibited firearm or prohibited magazine)
51	Section 36 amended (Offence to carry pistol or restricted weapon without authority)
52	Section 38 amended (Removal of pistol, prohibited firearm, prohibited magazine, or restricted weapon out of New Zealand)
53	New Parts 6 and 7 inserted
		Part 6 Shooting clubs and shooting ranges
	38A	Interpretation
		Shooting clubs
	38B	Shooting club must have certificate of approval
	38BA	Shooting club must be incorporated society if ammunition or firearms sold on its behalf
	38C	Application to have shooting club approved
	38D	Commissioner may make inquiries and request further information
	38E	Decision on application for certificate of approval
	38F	Issue of certificate of approval
	38G	Duration of certificate of approval
	38H	Cancellation of certificate of approval
	38I	Club may have to reapply for certificate of approval
	38J	Annual reports
		Shooting ranges
	38K	Shooting ranges must be certified
	38L	Application to have shooting range certified
	38M	Commissioner may make inquiries and request further information
	38N	Decision on application to have shooting range certified
	38O	Grant of certification
	38P	Certification granted subject to conditions
	38Q	Duration of certification
	38R	Cancellation of certification
	38S	Renewal of certification
		Compliance
	38T	Inspections of shooting clubs and shooting ranges
	38U	Improvement notices
	~~38V~~	~~Suspension~~
	38V	Temporary suspension of shooting club’s operations pending possible cancellation of certificate of approval
	38VA	Temporary suspension of shooting range’s operations pending possible cancellation of certification
		Part 7 Direct access by certain government agencies to registry
	38W	Interpretation
	38X	Relationship between this Part and other law
	38Y	Direct access to licence information
	38Z	Direct access to import and export information recorded in registry
	38ZA	Direct access must be in accordance with direct access agreement
	38ZB	Matters to which Ministers must have regard before entering into direct access agreement
	38ZC	Consultation before entering into direct access agreement
	38ZD	Content of direct access agreements
	38ZE	Variation of direct access agreement
	38ZF	Publication of direct access agreements
54	Sections 39 to 41 and cross-heading repealed
55	New section 41A inserted (Marking of firearms)
	41A	Marking of firearms
56	Cross-heading above section 42 replaced
		Part 8 Offences
57	Section 42 replaced (Offences in respect of licences)
	42	Offences in respect of licences
58	Section 43 replaced (Selling or supplying firearm or airgun to unlicensed person)
	43	Selling or supplying firearm or airgun to unlicensed person
58A	Section 43AA replaced (Possessing, selling, or supplying prohibited ammunition)
	43AA	Selling or supplying prohibited ammunition
59	Section 43A replaced (Mail order sale of firearm or ammunition)
	~~43A~~	~~Mail order or Internet sale of arms items or ammunition~~
	43A	Mail order or Internet sale of arms items or ammunition
61	Section 43B repealed (Restriction on sale of ammunition)
62	Section 44 replaced (Selling or supplying pistol or restricted weapon to person who does not hold permit to possess)
	44	Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess
	44AA	Unlawful sale or supply of pistol carbine conversion kit
62A	Section 44A amended (Offence to sell or supply prohibited firearm or prohibited magazine)
63	Section 46 replaced (Carrying of imitation firearm, except for lawful, proper, and sufficient purpose)
	46	Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
64	Section 48 replaced (Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place)
	48	Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
64A	New section 50AA inserted (Unlawful possession of pistol carbine conversion kit)
	50AA	Unlawful possession of pistol carbine conversion kit
64B	New section 50CA inserted (Unlawful possession of prohibited ammunition)
	50CA	Unlawful possession of prohibited ammunition
65	Section 50D amended (Unlawfully carrying or possessing prohibited firearm in public place)
66	Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
67	Section 53A amended (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
68	Section 54 amended (Use or attempted use of firearm, etc, to resist or prevent arrest or commit offence)
69	Section 55B amended (Offence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc)
70	New sections 55C to 55I inserted
	55C	Offence of failing to produce firearm other than pistol, restricted weapon, or prohibited firearm on demand or to permit inspection of firearm
	55D	Offences relating to illegal manufacturing of certain arms items
	55E	Offences relating to illegal trafficking of firearms, parts, or ammunition
	55F	Offences relating to falsifying firearm markings
	55G	Offences relating to removing or altering firearm markings
	55H	Extraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G
	55I	Attorney-General’s consent required
71	New section 58A inserted (Offences relating to registry)
	58A	Offences relating to registry
72	Section 59 amended (Unsafe firearms or pistols)
73	New Part 9 heading inserted
		Part 9 Miscellaneous provisions
74	Section 59A replaced (Surrender by licensed dealer of firearms, etc)
	59A	Surrender by licensed dealer of firearms, etc
74A	Section 59B replaced (Voluntary delivery to Police of firearms, etc)
	59B	Voluntary delivery to Police of firearms, etc
75	New sections 60 to ~~60B~~ 60C inserted
	60	Improvement notices
	60A	Temporary suspension of licence pending possible revocation
	~~60B~~	~~Effect of temporary suspension of licence~~
	60B	Effect of temporary suspension of firearms licence
	60C	Effect of temporary suspension of dealer’s licence
76	Section 62 replaced (Right of appeal from official decisions)
	62	Right of review of official decisions
	62A	How review to be conducted
	62B	Right of appeal to District Court
	62C	Further provisions relating to appeals
76A	Section 63 amended (Appeal to District Court Judge in respect of compensation)
77	Section 64 amended (Appeal on a question of law)
77A	Section 65 amended (Restoration of articles seized)
78	Cross-heading above section 66 replaced
		Other miscellaneous provisions
79	New sections 66A to 66D inserted
	66A	Loss, theft, or destruction of firearm, etc
	66B	Person in possession of firearm, etc, must give identifying information to Police
	66C	Powers of Police to require surrender of airguns or antique firearms
	66D	Obligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc
80	Section 69 replaced (Forfeitures)
	69	Forfeitures
80A	Section 70 amended (Authorising disposal of firearms, etc, detained by Police)
81	Section 72A amended (Service of documents)
81A	Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)
82	Section 74 amended (Regulations)
82A	Section 74A amended (Order in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition)
82B	Section 74C amended (Regulations providing for transitional matters)
82C	New section 74D inserted (Regulations providing for transitional matters relating to Arms Legislation Act 2019)
	74D	Regulations providing for transitional matters relating to Arms Legislation Act 2019
83	New sections 79 to 95 and cross-headings inserted
		Cost recovery
	79	Purpose of sections 80 to 86
	80	Activities that may be subject to cost recovery
	81	Criteria for cost recovery
	82	Consultation
	83	Methods of cost recovery
	84	Payment of fee or charge
	85	Exemptions, waivers, and refunds
	86	Regulations relating to cost recovery
		Guidance notices
	87	Guidance notices
		~~Commissioner’s Firearms Advisory Group~~Arms Advisory Group
	88	~~Commissioner’s Firearms Advisory Group~~Arms Advisory Group
	89	Operations of advisory group
	90	Provisions relating to appointment of members of advisory group
	90A	Removal of members of advisory group
		Medical assessments
	91	Health practitioners may give Police medical reports of persons unfit to use firearm
		Registration of firearms and dealings
	92	Commissioner to keep registry
	93	Content of registry
	94	Obligation to provide information to registry
		Review of operation of this Act
	95	Review of this Act
84	New Part 2 of Schedule 1 inserted
	Part 2 Amendments to other enactments
	Subpart 1—Amendments to Extradition Act 1999
85	Amendments to Extradition Act 1999
	Subpart 2—Amendment to Intelligence and Security Act 2017
86	Amendment to Intelligence and Security Act 2017
	Subpart 3—Amendment to Mutual Assistance in Criminal Matters Act 1992
87	Amendment to Mutual Assistance in Criminal Matters Act 1992
	Subpart 4—Consequential amendments
88	Consequential amendments to other enactments
	Schedule 1 New Part 2 of Schedule 1 inserted
	Schedule 2 Consequential amendments to other enactments
	Legislative history

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