Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
Definition of prohibited part
The definition of prohibited part in regulation 28H of the principal regulations is amended to clarify that an application for compensation may be made in respect of—
a semi-automatic lower receiver that is capable of being attached to a centrefire upper receiver; and
an upper receiver that is capable of being attached to any semi-automatic centrefire compatible lower receiver.
Compensation payable for large quantity of prohibited magazines and prohibited parts
New regulation 28LA inserted into the principal regulations provides that a person who applies for compensation for a quantity of prohibited magazines or prohibited parts, or both, that exceeds what is considered to be appropriate for reasonable personal use may receive the following compensation:
for the quantity of items that the Commissioner of Police (the Commissioner) considers appropriate for reasonable personal use, the total of the compensation payable for each item that is set out in a compensation schedule or determined by the Commissioner under regulation 28P; and
for the remaining quantity, the total of the compensation payable for each item that is set out in a compensation schedule, or determined by the Commissioner under regulation 28P, or the purchase price, whichever is the lowest.
Application for compensation by licensed dealers and manufacturers
Regulation 28L is amended to clarify that it does not apply to licensed dealers and manufacturers. Licensed dealers may apply for compensation in respect of prohibited items under regulation 28R and new regulation 28RA. Manufacturers may apply for compensation under new regulation 28TA.
Application for compensation may be made after end of amnesty period in certain cases
New regulation 28LB inserted into the principal regulations provides that the following persons may, after the end of the amnesty period, apply for compensation in respect of prohibited items:
an exempt person who, before the end of the amnesty period, applied for an endorsement or a permit to possess a prohibited firearm or prohibited magazine and, after 20 November 2019, received notification from the Police that their application has been declined:
a person who, on or after 12 April 2019, lawfully possesses or imports a non-prohibited semi-automatic firearm (other than a pistol) that includes 1 or more prohibited parts and after 20 November 2019 receives notification from the Police that their application for an endorsement and permit to possess a prohibited firearm has been declined:
a person who, before the end of the amnesty period, arranged with an approved gunsmith to have a firearm and its non-detachable magazine or magazines modified to a non-prohibited items and after 20 November 2019 receives advice from the gunsmith that the modification cannot in fact be made:
a person who, after the end of the amnesty period, made arrangements with an approved gunsmith to have a firearm and its non-detachable magazine or magazines modified to non-prohibited items and subsequently receives advice from the gunsmith that the modification cannot in fact be made.
New regulation 28RA inserted into the principal regulations provides that a licensed dealer may, after the end of the amnesty period, apply for compensation in respect of a prohibited item if, before the end of the amnesty period, they applied for an endorsement or a permit to possess the prohibited item and, after 20 November 2019, received notification from the Police that their application has been declined.
Proof of possession and proof of purchase price
New regulation 28LC inserted into the principal regulations requires a person who is applying for compensation in respect of a prohibited item to provide to a member of the Police, if requested, proof that the person lawfully possessed the item before 12 April 2019, or proof of the purchase price of the item, or proof of both.
Compensation for manufacture of prohibited magazines and prohibited parts before 12 April 2019
New regulation 28TA inserted into the principal regulations enables a person (not being an exempt person under regulation 28F) who, before 12 April 2019, manufactured from raw materials a magazine or part that on that date became a prohibited magazine or prohibited part to apply for compensation for the costs incurred in manufacturing that item.
Conversion of prohibited firearm to non-prohibited firearm after end of amnesty period in certain cases
New regulation 28UA inserted into the principal regulations provides that certain persons may, after the end of the amnesty period, arrange to have a prohibited firearm and its non-detachable magazine or magazines modified to convert the items to non-prohibited items and seek payment from the Crown for the cost of the modification.
Application of sections 50A, 50B, and 50C of Arms Act 1983 to licensed dealers, valuers, and approved gunsmiths
Regulation 28W of the principal regulations is amended so that it continues to have effect for a further year. This means that sections 50A to 50C of the Arms Act 1983 will not apply to licensed dealers, valuers, and approved gunsmiths for the purposes stated in regulation 28W until 21 December 2020. This is necessary to enable licensed dealers, valuers, and approved gunsmiths to continue to be involved and assist with the administration of the compensation scheme after the end of the amnesty period.
Sections 50A to 50C of Arms Act 1983 not to apply to other specified persons
New regulation 28WA is inserted into the principal regulations as an additional transitional provision. It provides that sections 50A to 50C of the Arms Act 1983 do not apply to the following persons in possession of a prohibited item until 21 December 2020:
a person referred to in regulation 28L(1), (3), or (4A) who, during the amnesty period, applied for an endorsement or a permit to possess a prohibited firearm or prohibited magazine and did not, before the close of 20 November 2019, receive notification of the outcome of their application:
a person who, before the end of the amnesty period, applied for compensation under regulation 28L(2), (4), or (4B) in respect of a prohibited item and the Police have agreed to collect the item:
a person who, before the end of the amnesty period, applied under regulation 28P for compensation in respect of the prohibited item and has not received by the close of 20 November 2019 written notice of the Commissioner’s determination:
a licensed dealer who, before the end of the amnesty period, applied for compensation under regulation 28R(2) in respect of a prohibited item and the Police have agreed to collect the item:
a licensed dealer referred to in regulation 28RA(1) who, before the end of the amnesty period, applied for an endorsement and a permit to possess a prohibited firearm or prohibited magazine and after 20 November 2019, received notification that their application has been declined:
a person who, before the end of the amnesty period, arranged with an approved gunsmith under regulation 28U to have a firearm and its non-detachable magazines modified, and who,—
after 20 November 2019, received notification from the approved gunsmith that the modification cannot in fact be made:
after 20 December 2019, remains in possession of the firearm and magazines as the items are yet to be delivered to, or collected by, the approved gunsmith:
a person who, after 20 November 2019, arranged with an approved gunsmith under regulation 28UA(2) to have a firearm and its non-detachable magazine or magazines modified and who subsequently receives advice from the gunsmith that the modification cannot in fact be made.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 28 November 2019.
These regulations are administered by the New Zealand Police.