Arms Amendment Regulations 2021

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2021/434

Coat of Arms of New Zealand

Arms Amendment Regulations 2021

Cindy Kiro, Governor-General

Order in Council

At Wellington this 20th day of December 2021

Present:
Her Excellency the Governer-General in Council

These regulations are made under sections 24A and 74 of the Arms Act 1983

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Police.

Contents

1Title
2Commencement
3Principal regulations
4Regulation 2 amended (Interpretation)
5Regulation 3 amended (Application for dealer’s licence)
6New regulation 4 inserted (Application for dealer’s licence: other requirements)
4Application for dealer’s licence: other requirements
7Regulation 6 amended (Application in relation to gun show)
8Regulation 7 amended (Records kept by licensed dealers)
9New regulations 7A to 7F inserted
7ARecords kept by licensed dealers: directors and curators of museums
7BRecords kept by licensed dealers: additional requirements in relation to arms items sold by auction
7CRecords kept by licensed dealers: additional requirements in relation to arms items hired to broadcaster or theatrical company, etc
7DRecords kept by licensed dealers: requirements in relation to firearms and airguns supplied for shooting activities or hunting activities
7ERecords kept by licensed dealers: requirements for airguns supplied for airsoft or paintball sports, etc
7FRecords to be kept in book
10Regulation 8 replaced (Conditions relating to security precautions)
8Conditions of dealer’s licence: security of place of business
8AConditions of dealer’s licence: security of firearms, etc, at licensed dealer’s place of business
11Regulation 9 amended (Power to grant exemptions in respect of security precautions)
12New regulations 9A to 9I inserted
9ACondition of dealer’s licence: notifications
9BCondition of dealer’s licence: inspection of certain arms items
9CCondition of dealer’s licence: transport of certain arms items or ammunition
9DCondition of dealer’s licence: testing of certain arms items
9EConditions of dealer’s licence: specific conditions prescribed by Commissioner
9FAmendment of dealer’s licence
9GPersons must notify intention to become ammunition seller
9HSecure storage of ammunition
9IRecord kept by ammunition sellers
13Cross-heading above regulation 10 replaced
14Regulation 10 replaced (Applications for permits to import firearms, pistols, prohibited items, starting pistols, restricted airguns, restricted weapons, or parts)
10Application for permit to import firearms, etc
15Regulation 12 replaced (Identification numbers)
12Identification numbers
16New regulation 12A inserted (Power to grant exemptions in respect of identification numbers)
12APower to grant exemptions in respect of identification numbers
17Regulation 13 amended (Notification of importation)
18Regulation 15 replaced (Supply of particulars for firearms licence)
15Particulars required for application for firearms licence
19New regulation 15A inserted (Fit and proper person criteria for firearm or airgun)
15AFit and proper person criteria for firearm or airgun
20Regulation 19 replaced (Conditions relating to security precautions)
19Conditions relating to security precautions
21New regulations 19A to 19C inserted
19AConditions relating to storage of firearms and ammunition in mobile homes
19BConditions relating to storage of firearms in vehicles during transportation
19CConditions relating to carriage of firearms on public transport
22Regulation 20B amended (Manner of applying for endorsement in respect of prohibited firearm or prohibited magazine)
23New regulation 21A inserted (Condition of endorsements for employees of licensed dealers)
21ACondition of endorsements for employees of licensed dealers
24New regulation 22A inserted (Endorsement for theatrical armourer)
22AEndorsement for theatrical armourer
25Cross-heading above regulation 23A replaced
26Regulation 23A amended (Manner of applying for permit to possess)
27Regulation 24 amended (Application for permit to possess pistol, prohibited firearm, prohibited magazine, or restricted weapon)
28Regulation 25 amended (Place of delivery of application in hard copy form)
29Regulation 26 amended (Delivery of permit in writing in hard copy form where item acquired from another person)
30Regulation 26A amended (Delivery of permit through Internet site where item acquired from another person)
31Regulation 26B amended (Delivery of permit in writing in hard copy form where item already possessed by applicant)
32Regulation 26C amended (Delivery of permit through Internet site where item already possessed by applicant)
33Regulation 27 amended (Identification numbers)
34Regulation 28 amended (Security precautions in relation to pistols, prohibited firearms, prohibited magazines, and restricted weapons)
35Regulation 28AAA amended (Secure storage of vital parts removed from prohibited firearms)
36Regulation 28C amended (Commissioner may direct who may issue licences, etc, and grant endorsements)
37Regulation 28D amended (Commissioner may prescribe conditions on licences, etc)
38Regulation 28J amended (Prohibited items delivered to approved licensed dealer to be surrendered to Police)
39Regulation 28Y amended (Certain persons may possess prohibited ammunition)
40Regulation 28Z revoked (Temporary amnesty for persons possessing prohibited ammunition)
41New regulation 29 inserted (Inspection of firearms under section 24B of Act)
29Inspection of firearms under section 24B of Act
42Regulation 29A replaced (Endorsement on mail order for sale of firearm or ammunition)
29AEndorsement on mail order or Internet sale of arms item or ammunition
29BProvisions relating to surrender of firearms
29CPurchaser must notify Police if item not delivered
Explanatory note
Administrative Information

Regulations

1 Title

These regulations are the Arms Amendment Regulations 2021.

2 Commencement

These regulations come into force on 1 February 2022.

3 Principal regulations

These regulations amend the Arms Regulations 1992.

4 Regulation 2 amended (Interpretation)

In regulation 2, insert in its appropriate alphabetical order:

major firearm part means—

(a)

the action (frame, receiver, or upper receiver and lower receiver) of a firearm:

(b)

the frame of a pistol:

(c)

a calibre conversion component or kit of a pistol

5 Regulation 3 amended (Application for dealer’s licence)

(1)

Replace the heading to regulation 3 with Application for dealer’s licence: general requirements.

(2)

Replace regulation 3(1A)(b) with:

(b)

delivered to an address specified in the application form.

(3)

In regulation 3(2)(f), after “place”, insert “, or each place,”.

(4)

Replace regulation 3(2)(g) with:

(g)

in addition to the information required by section 5A(1)(b) of the Act,—

(i)

if the applicant intends to manufacture 1 or more classes of arms items, the class or classes of arms items intended to be manufactured; and

(ii)

whether the applicant intends to manufacture air pistol carbine conversion kits for sale, hire, lending, or other supply; and

(iii)

whether the applicant is intending to possess, sell, supply, or manufacture ammunition; and

(iv)

whether the applicant is applying as a senior manager of a body corporate for authorisation to carry on dealer activities on behalf of the body corporate.

(5)

6 New regulation 4 inserted (Application for dealer’s licence: other requirements)

After regulation 3, insert:

4 Application for dealer’s licence: other requirements

An applicant for a dealer’s licence must, in addition to providing the information required by section 5A(1)(b) of the Act and regulation 3(2), specify the following in their application:

(a)

the name and firearms licence number of each employee who, in their capacity as an employee, will be handling or have access to any arms items or ammunition at the place of business where the applicant intends to carry on business as a licensed dealer; and

(b)

if the applicant intends to operate from 2 or more places of business, the dealer’s licence number of the manager (or copy of the manager’s application for a dealer’s licence) of each place of business; and

(c)

the names and contact details of 2 persons unrelated to the applicant who ordinarily reside in New Zealand of whom inquiries can be made as to whether the applicant is a fit and proper person to carry on dealer activities; and

(d)

the name and contact details of the applicant’s next of kin; and

(e)

any other information that may be required by a commissioned officer of Police.

7 Regulation 6 amended (Application in relation to gun show)

(1)

Replace regulation 6(1A) with:

(1A)

An application in writing in hard copy form must be—

(a)

made using the form prescribed or approved by the Commissioner; and

(b)

signed by the applicant; and

(c)

delivered to an address specified in the application form.

(2)

After regulation 6(2)(c), insert:

(d)

in relation to the place at which the gun show is to be conducted, details of—

(i)

the security of that place; and

(ii)

the facilities available for the secure display of arms items and ammunition for sale; and

(iii)

the facilities available for the secure storage of arms items and ammunition when not displayed for sale.

8 Regulation 7 amended (Records kept by licensed dealers)

(1)

Replace the heading to regulation 7 with Records kept by licensed dealers: general requirements.

(2)

Replace regulation 7(1) with:

(1)

This regulation applies in respect of the following items:

(a)

arms items (excluding parts that are not major firearm parts); and

(b)

ammunition.

(3)

Replace regulation 7(2)(a) with:

(a)

particulars of the item, which must include,—

(i)

for an arms item (other than a magazine or part), its—

(A)

make; and

(B)

model; and

(C)

action type; and

(D)

calibre or gauge; and

(E)

identification number; and

(F)

magazine capacity (for firearms with a non-detachable magazine):

(ii)

for a magazine, its type and capacity, and in the case of a prohibited magazine (whether detachable or non-detachable), its identification number:

(iii)

for a major firearms part, whether or not it is incorporated or integrated into a firearm, detail of its marking:

(iv)

for ammunition, its type and quantity; and

(4)

In regulation 7(2)(c), replace “a pistol, prohibited item, or restricted weapon” with “an airgun or a firearm, pistol, pistol carbine conversion kit, prohibited item, or restricted weapon”.

(5)

Replace regulation 7(3)(a) with:

(a)

particulars of the item, which must include,—

(i)

for an arms item (other than a magazine or part), its—

(A)

make; and

(B)

model; and

(C)

action type; and

(D)

calibre or gauge; and

(E)

identification number; and

(F)

magazine capacity (for firearms with a non-detachable magazine):

(ii)

for a magazine, its type and capacity, and in the case of a prohibited magazine (whether detachable or non-detachable), its identification number:

(iii)

for a major firearms part, whether or not it is incorporated or integrated into a firearm, detail of its marking; and

(6)

Replace regulation 7(4)(a) with:

(a)

particulars of the item, which must include,—

(i)

for an arms item (other than a magazine or part), its—

(A)

make; and

(B)

model; and

(C)

action type; and

(D)

calibre or gauge; and

(E)

identification number; and

(F)

magazine capacity (for firearms with a non-detachable magazine):

(ii)

for a magazine, its type and capacity, and in the case of a prohibited magazine (whether detachable or non-detachable), its identification number:

(iii)

for a major firearms part, whether or not it is incorporated or integrated into a firearm at the time of delivery, detail of its marking:

(iv)

for ammunition, its type and quantity; and

(7)

In regulation 7(4)(e), after “prohibited magazine,”, insert “pistol carbine conversion kit,”.

(8)

After regulation 7(4), insert:

(4AAA)

Subclauses (2)(a)(i)(E), (3)(a)(i)(E), and (4)(a)(i)(E) do not apply to an airgun unless the airgun is—

(a)

a restricted airgun; and

(b)

used other than in airsoft or paintball sports.

(9)

Replace regulation 7(6) to (8) with:

(6)

This regulation—

(a)

does not apply to a licensed dealer who is the director or curator of a bona fide museum (see instead the requirements in regulation 7A); and

(b)

is subject to regulations 7B(1), 7D(2), and 7E(2).

9 New regulations 7A to 7F inserted

After regulation 7, insert:

7A Records kept by licensed dealers: directors and curators of museums

(1)

This regulation applies to a licensed dealer who is the director or curator of a bona fide museum that has as part of its collection, whether on display or in storage, an arms item (other than a part that is not a major firearm part).

(2)

The licensed dealer must record, in respect of an arms item, the following information:

(a)

if the item is a firearm, its—

(i)

make; and

(ii)

model; and

(iii)

action type; and

(iv)

calibre; and

(v)

identification number (if any); and

(vi)

magazine capacity (for a firearm with a non-detachable magazine):

(b)

if the item is a magazine, its type and capacity and, in the case of a prohibited magazine (whether detachable or non-detachable), its identification number:

(c)

if the item is a major firearm part, detail of its marking.

7B Records kept by licensed dealers: additional requirements in relation to arms items sold by auction

(1)

A licensed dealer who possesses an arms item for the purposes of an auction must, when that item is sold by auction, record the information specified in subclause (2) in addition to the records required to be kept under regulation 7, but subclause (2)(c) to (f) applies instead of the requirements in regulation 7(4)(b) to (e).

(2)

The information referred to in subclause (1) is:

(a)

the date and place of the auction; and

(b)

the name of the auctioneer who conducted the auction; and

(c)

the name and contact details of the purchaser; and

(d)

the purchaser’s firearms licence number (unless the item is an airgun purchased by a person of or over the age of 18 years); and

(e)

the number of the purchaser’s permit to possess if the item is a pistol, prohibited firearm, prohibited magazine, restricted weapon, or pistol carbine conversion kit; and

(f)

the date and method of delivery of the item to the purchaser.

7C Records kept by licensed dealers: additional requirements in relation to arms items hired to broadcaster or theatrical company, etc

A licensed dealer who hires out any arms item for use by a broadcaster, or a bona fide theatre company or society, or a cinematic or television film production company, or a video recording production company must, in respect of the item, record the following information in addition to the records required to be kept under regulation 7:

(a)

the name and contact details of the theatrical armourer supervising the use of the item; and

(b)

the number of the theatrical armourer’s firearms licence and the relevant endorsements on the licence; and

(c)

the address of the theatrical armourer’s usual place of business; and

(d)

the principal physical address of the broadcaster, company, society, or production company using the item; and

(e)

the duration and description of the production.

7D Records kept by licensed dealers: requirements in relation to firearms and airguns supplied for shooting activities or hunting activities

(1)

This regulation applies if—

(a)

a licensed dealer supplies a firearm or an airgun for use for—

(i)

a shooting activity (for example, for use at a shooting range); or

(ii)

a hunting activity in respect of which the licensed dealer provides commercial hunting guide services; and

(b)

all of the following apply:

(i)

the firearm or airgun remains in the ownership of the licensed dealer for the duration of the activity:

(ii)

the firearm or airgun is returned to the possession of the licensed dealer at the end of the activity:

(iii)

the firearm or airgun is supplied with a quantity of ammunition or airgun projectiles as part of the cost of the activity, or the person to whom the firearm or airgun is supplied provides their own ammunition or projectiles.

(2)

A licensed dealer to whom this regulation applies must record the information specified in subclause (3) in addition to the records required to be kept under regulation 7, but subclause (3) applies instead of the requirements in regulation 7(4).

(3)

A licensed dealer must record the following information in respect of the shooting activity:

(a)

the date and place of the shooting activity; and

(b)

the name and contact details of all individuals participating in the shooting activity; and

(c)

each participant’s firearms licence number or, if a participant does not have a firearms licence, the participant’s date of birth; and

(d)

the firearms licence number of each person providing supervision to participants using firearms or airguns without a firearms licence.

(4)

In this regulation, shooting activities

(a)

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

(b)

excludes—

(i)

paintball shooting; and

(ii)

airsoft shooting.

7E Records kept by licensed dealers: requirements for airguns supplied for airsoft or paintball sports, etc

(1)

This regulation applies if a licensed dealer hires out airguns for a specified period (a session) for use in any of the following activities at a commercial sports venue (and the airguns are not taken outside of that venue):

(a)

airsoft games:

(b)

paintball games:

(c)

military simulation activities.

(2)

A licensed dealer to whom this regulation applies must record the information specified in subclause (3) in addition to the records required to be kept under regulation 7, but subclause (3) applies instead of the requirements in regulation 7(4).

(3)

A licensed dealer must, for each session, record the following information:

(a)

the names of the persons issued with airguns for the session; and

(b)

the number of airguns issued at the beginning of the session; and

(c)

the number of airguns returned at the end of the session.

7F Records to be kept in book

(1)

The records referred to in regulations 7 to 7E must be recorded by the licensed dealer in the book required by section 12(1) of the Act to be kept by the licensed dealer at the place of business referred to in their licence.

(2)

If a licensed dealer keeps their book in hard copy form, it must be kept in a way that readily discloses the particulars required to be recorded in it.

(3)

The book may be kept as an electronic record if—

(a)

the integrity of the particulars and the other information that must be entered into that record is maintained in a manner that ensures that the information remains complete and unaltered; and

(b)

the licensed dealer has in place and maintains the systems and processes necessary to enable the licensed dealer to access and provide to a member of the Police, on request, the particulars and other information entered into that record, at any time during the 10-year period specified in section 12(1B) of the Act.

(4)

Each entry must be made at or immediately following the time of the transaction to which it relates.

10 Regulation 8 replaced (Conditions relating to security precautions)

Replace regulation 8 with:

8 Conditions of dealer’s licence: security of place of business

A dealer’s licence is subject to the following conditions:

(a)

the building in which the dealer’s place of business is located must be, and be maintained, in a structurally sound condition:

(b)

the doors that can give access to the dealer’s place of business, and their locks, bolts, hinges, and other fastenings, must be strong and stout and must be maintained in good condition:

(c)

the windows, skylights, or other things intended to cover openings to the dealer’s place of business, and their locks, bolts, hinges, and other fastenings, must be maintained in good condition:

(d)

all such doors and all such windows, skylights, and other things must be capable of being secured against unlawful entry, in a manner approved for the time being either generally or in the particular case by a member of the Police:

(e)

whenever the dealer’s place of business is left unattended or unoccupied, the dealer must ensure that all reasonable steps are taken to secure the place of business from unlawful entry.

8A Conditions of dealer’s licence: security of firearms, etc, at licensed dealer’s place of business

(1)

A dealer’s licence is subject to the following conditions:

(a)

the dealer must ensure that all firearms (other than miniature replica cannon) at the dealer’s place of business that are not in the physical possession of the dealer or an employee of the dealer or that are not being demonstrated to a customer or handled by a customer under the immediate continuous personal supervision of the dealer or of an employee of the dealer are—

(i)

dismantled, rendered inoperable, or immobilised (which includes securing them in a display cabinet or rack so that they cannot be readily removed), in a manner approved for the time being either generally or in the particular case by a member of the Police, so that none of them can be fired; or

(ii)

locked up in a steel box, steel cabinet, or steel safe, that is secured to the building, or in a steel and concrete strongroom or stout storeroom, and the box, cabinet, safe, or strongroom must be of sound construction and of a type approved for the time being either generally or in the particular case by a member of the Police:

(b)

where vital parts are removed from a firearm for the purpose of complying with paragraph (a)(i), those parts must be locked up in a different box, cabinet, safe, or strongroom in the premises that complies with paragraph (a)(ii), or in a secure place in different premises:

(c)

all pistols (other than air pistols), prohibited items, magazines, restricted weapons, pistol carbine conversion kits, and major firearm parts at the dealer’s place of business that are not in the physical possession of the dealer or an employee of the dealer or that are not being demonstrated to a customer or handled by a customer under the immediate continuous personal supervision of the dealer or an employee of the dealer must be locked up in a box, cabinet, safe, or strongroom that complies with paragraph (a)(ii):

(d)

all airguns at the dealer’s place of business that are not in the physical possession of the dealer or an employee of the dealer or that are not being demonstrated to a customer or handled by a customer under the immediate and personal supervision of the dealer or an employee of the dealer must be secured in a manner so that they cannot be readily removed:

(e)

all ammunition at the dealer’s place of business must be stored in storage facilities that are approved for the time being either generally or in the particular case by a member of the Police and,—

(i)

if the ammunition is not on display or being handled by a customer, be stored—

(A)

in an area not accessible to the public in a steel cabinet or container that is soundly constructed and secured to the building to prevent its removal; or

(B)

in a locked storeroom or strongroom:

(ii)

if the ammunition is on display, be stored in a locked container or a locked display case that is soundly constructed and secured to the building to prevent its removal and may be handled by a customer only under the immediate and continuous supervision of the dealer or an employee of the dealer.

(2)

If a director or curator of a bona fide museum keeps any firearms or ammunition that are on display to members of the public, the director or curator must ensure that they are not able to be handled by members of the public and that—

(a)

the firearms are rendered inoperable; and

(b)

the firearms and ammunition are adequately secured in a manner approved in each case by a member of the Police to prevent unlawful removal.

11 Regulation 9 amended (Power to grant exemptions in respect of security precautions)

In regulation 9(1), replace “regulation 7” with “regulations 8 and 8A”.

12 New regulations 9A to 9I inserted

After regulation 9, insert:

9A Condition of dealer’s licence: notifications

(1)

A dealer’s licence is issued subject to the condition that the dealer must notify a member of the Police as soon as is reasonably practicable if—

(a)

the dealer decides to discontinue carrying on business as a licensed dealer:

(b)

the dealer is not able, or is no longer able, to comply with—

(i)

1 or more conditions of their licence; or

(ii)

1 or more conditions of an endorsement on their licence:

(c)

the dealer intends to alter the premises at which they carry on business in a way that will affect the security of the premises:

(d)

the manager at any of the dealer’s places of business is to change:

(e)

an employee resigns from the dealer’s employment in any case where the employee’s firearms licence bears endorsements made under section 30 or 30B of the Act authorising the employee to possess pistols, restricted weapons, prohibited firearms, or prohibited magazines in connection with their duties as an employee of the dealer.

(2)

When giving notice under subclause (1)(d), a dealer must also provide to the member of Police the following information:

(a)

the address of the place of business; and

(b)

the date from which the new manager will be managing the dealer’s activities at that place of business; and

(c)

the name of the new manager.

(3)

A dealer’s licence is issued subject to the condition that a dealer must surrender their licence to a member of the Police on the date that they discontinue carrying on business as a licensed dealer.

9B Condition of dealer’s licence: inspection of certain arms items

(1)

A dealer’s licence is issued subject to the condition that the dealer who is in possession of a non-prohibited firearm, airgun, non-prohibited magazine, prohibited part, or air pistol carbine conversion kit (the item) by virtue of that licence must permit a member of the Police to—

(a)

inspect the item and the place where it is kept; and

(b)

for that purpose, enter at all reasonable times the premises where that place is situated.

(2)

A member of the Police who is exercising any power conferred by subclause (1) must—

(a)

give at least 7 days’ notice of the proposed inspection under subclause (1); and

(b)

identify themselves to the person in possession of the item; and

(c)

tell the person in possession of the item that the power is being exercised under subclause (1); and

(d)

if they are not in uniform, produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.

9C Condition of dealer’s licence: transport of certain arms items or ammunition

A dealer’s licence is issued subject to the condition that any arms item or ammunition that is in the possession of a dealer must, at all times, remain at the dealer’s place of business unless—

(a)

the arms item or ammunition is being delivered to the address of a person who holds a firearms licence and is lawfully entitled to possess the item or ammunition; or

(b)

the dealer is authorised by the conditions of their dealer’s licence to transport the arms item or ammunition to another place of business (for example, to another place of business of the dealer, a gun show, or to the place of business of an approved gunsmith); or

(c)

the dealer is otherwise authorised in writing by a member of the Police to transport the arms item or ammunition to another place.

9D Condition of dealer’s licence: testing of certain arms items

A dealer’s licence is issued subject to the condition that the licensed dealer may, in the course of carrying on a dealer activity in respect of which their licence has been issued for any class of arms item, fire a prohibited firearm, pistol, or restricted weapon only if the firing of the firearm, pistol, or restricted weapon—

(a)

is necessary for the purpose of testing—

(i)

the prohibited firearm, pistol, or restricted weapon; or

(ii)

any part of the prohibited firearm, pistol, or restricted weapon; or

(iii)

ammunition for the prohibited firearm, pistol, or restricted weapon; and

(b)

is undertaken at a shooting range certified by the Commissioner subject to any conditions prescribed by the Commissioner.

9E Conditions of dealer’s licence: specific conditions prescribed by Commissioner

(1)

The Commissioner may prescribe conditions on a dealer’s licence according to the type of dealer activity that the licence authorises the dealer to carry on.

(2)

For a dealer’s licence that authorises the dealer to carry on the dealer activity described in section 5(1)(a) of the Act, the conditions that the Commissioner may prescribe include conditions relating to—

(a)

carrying on that activity at places additional to the place of business specified in the dealer’s licence:

(b)

transporting arms items to approved shooting ranges for test firing or demonstration:

(c)

using arms items at approved shooting ranges:

(d)

supplying and using firearms for theatrical productions, which may relate to—

(i)

permitted theatrical activities:

(ii)

approval of additional places of business that are film sets or performance locations:

(iii)

on-site theatrical armourers:

(e)

transporting firearms to hunting areas:

(f)

the types and numbers of arms items supplied to clients:

(g)

delivering arms items to purchasers.

(3)

For a dealer’s licence that authorises the dealer to carry on the dealer activity described in section 5(1)(b) of the Act, the conditions that the Commissioner may prescribe include conditions relating to—

(a)

the locations at which the business may be carried on:

(b)

the locations at which auctions may take place:

(c)

displaying arms items:

(d)

transporting arms items:

(e)

delivering arms items to purchasers.

(4)

For a dealer’s licence that authorises the dealer to carry on the dealer activity described in section 5(1)(c) of the Act, the conditions that the Commissioner may prescribe include conditions relating to—

(a)

the types of arms items approved for repair or modification:

(b)

marking arms items:

(c)

modifying firearms:

(d)

modifying magazines:

(e)

testing arms items:

(f)

transporting arms items:

(g)

delivering arms items to customers:

(h)

notifications to Police.

(5)

For a dealer’s licence that authorises the dealer to carry on the dealer activity described in section 5(1)(d) of the Act, the conditions that the Commissioner may prescribe include conditions relating to—

(a)

the security of arms items and ammunition:

(b)

displaying arms items and ammunition:

(c)

lending and disposing of arms items and ammunition:

(d)

transporting arms items.

(6)

For a dealer’s licence that authorises the dealer to carry on the dealer activity described in section 5(1)(e) of the Act, the conditions that the Commissioner may prescribe include conditions relating to—

(a)

the types of arms items approved for manufacture:

(b)

marking arms items:

(c)

modifying firearms:

(d)

modifying magazines:

(e)

testing arms items:

(f)

transporting arms items:

(g)

notifications to Police.

(7)

This regulation does not limit regulation 28D(a).

9F Amendment of dealer’s licence

(1)

A commissioned officer of Police may, at any time on the application of a licensed dealer, amend the dealer’s licence to change—

(a)

the dealer activities that the dealer may carry on; or

(b)

the arms items in relation to which the dealer may carry on dealer activities; or

(c)

the place or places of business that the dealer is authorised to operate from.

(2)

A commissioned officer may amend a dealer’s licence under subclause (1) only if, having regard to the proposed amendments, the officer is satisfied—

(a)

of the matters in section 5B(1)(b) of the Act; and

(b)

that the dealer has been granted the necessary endorsements under sections 30 and 30B of the Act.

Provisions relating to ammunition sellers

9G Persons must notify intention to become ammunition seller

(1)

A person who intends to be an ammunition seller must notify the Police of that intention,—

(a)

if they hold a firearms licence, at the time they intend to start selling ammunition:

(b)

in any other case, at the time they apply for a firearms licence.

(2)

The notification must be in a form prescribed by the Commissioner that requires the following information:

(a)

the person’s full name:

(b)

the person’s firearms licence number (unless the person is, at the same time as giving the notification, applying for a firearms licence):

(c)

the address of the person’s place of business:

(d)

the types of ammunition the person intends to sell:

(e)

the person’s arrangements to securely store the ammunition:

(f)

the name of each of the person’s employees who will be handling the ammunition in their capacity as an employee and either the number of their firearms licence or their date of birth (for employees who do not hold a firearms licence):

(g)

the arrangements that will be in place to ensure that any employee of the person who does not hold a firearms licence will possess ammunition only while performing their duties at their place of work under the supervision of another person who is the holder of a firearms licence:

(h)

any other relevant information that the Commissioner requires.

9H Secure storage of ammunition

(1)

An ammunition seller must store ammunition in accordance with this regulation.

(2)

If the ammunition is not on display on the seller’s premises, the ammunition must be stored—

(a)

in an area not accessible to the public; and

(b)

in a locked steel box, steel cabinet, or steel safe, that is secured to the building, or in a steel and concrete strongroom or stout storeroom.

(3)

If the ammunition is on display on the seller’s premises—

(a)

in an area that is accessible to the public, the ammunition must be stored in a locked cabinet, locked container, or locked display case that must be soundly constructed and fixed to the building to prevent its removal:

(b)

in a locked display case outside opening times, the premises must be secured against public access.

9I Record kept by ammunition sellers

In their book that records the details required by section 22E of the Act, an ammunition seller must also record—

(a)

the quantity and type of ammunition the seller receives in the course of their business, and the date on which it is received; and

(b)

the name and address of the supplier (which must include the overseas supplier, if the ammunition is imported); and

(c)

the number of the supplier’s firearms licence, if the supplier is in New Zealand; and

(d)

the date on which the seller delivers ammunition sold by the seller.

13 Cross-heading above regulation 10 replaced

Replace the cross-heading above regulation 10 with:

Importation of firearms, etc

14 Regulation 10 replaced (Applications for permits to import firearms, pistols, prohibited items, starting pistols, restricted airguns, restricted weapons, or parts)

Replace regulation 10 with:

10 Application for permit to import firearms, etc

(1)

This regulation applies to the following items:

(a)

a firearm (other than a prohibited firearm), pistol, restricted airgun, restricted weapon, blank-firing gun, or magazine:

(b)

any part of a firearm (other than a prohibited firearm), pistol, restricted weapon, or blank-firing gun:

(c)

non-prohibited ammunition (other than projectiles for airguns):

(d)

a pistol carbine conversion kit:

(e)

an air pistol carbine conversion kit:

(f)

a prohibited item:

(g)

prohibited ammunition that is authorised or permitted expressly by or pursuant to this Act to be possessed.

(2)

An application for a permit to bring the item, or cause it to be brought, into New Zealand must be made—

(a)

in hard copy form; or

(b)

electronically through an Internet site.

(3)

An application in writing in hard copy form must be—

(a)

signed by the applicant; and

(b)

delivered to an address indicated in the application form.

(4)

The application must state—

(a)

the full name of the applicant; and

(b)

the address and occupation of the applicant; and

(c)

a description of the arms item, blank-firing gun, pistol carbine conversion kit, air pistol carbine conversion kit, or ammunition that is to be imported and—

(i)

if the item is a firearm, pistol, pistol carbine conversion kit, air pistol carbine conversion kit, restricted airgun, restricted weapon, or blank-firing gun, the make, model, action type, calibre, identification number (if known at time of application), and, in the case of a firearm with a non-detachable magazine, magazine capacity; and

(ii)

if the item is a magazine, the type and capacity, and, in the case of a prohibited magazine (whether detachable or non-detachable), its identification number; and

(iii)

if the item is a major firearm part, the make, model, and (if known at the time of application) identification number; and

(iv)

if the item is ammunition, the type; and

(d)

in relation to each item described,—

(i)

its country of origin; and

(ii)

the quantity to be imported; and

(iii)

the name of the manufacturer; and

(iv)

the place at which the item is expected to land in New Zealand; and

(e)

if the application is for a permit to import a prohibited firearm, prohibited magazine, prohibited part, pistol, restricted airgun, restricted weapon, or part of a pistol or restricted weapon, or prohibited ammunition, the special reasons why that item should be allowed into New Zealand; and

(f)

if the application is for a permit to import a non-prohibited firearm, non-prohibited magazine, or non-prohibited part, the reason why the applicant wants to import the item; and

(g)

the number of the applicant’s firearms licence (except if the application relates to an import of a blank-firing gun, or an import of an air pistol carbine conversion kit or airgun by a person of or over the age of 18 years); and

(h)

any other relevant information that the Commissioner reasonably requires.

(5)

In this regulation,—

major firearm part has the meaning given to it in regulation 2 and also includes—

(a)

the frame of a blank-firing pistol; and

(b)

the action or receiver of a blank-firing gun

New Zealand has the same meaning as in section 16(2) of the Act.

15 Regulation 12 replaced (Identification numbers)

Replace regulation 12 with:

12 Identification numbers

(1)

A person who imports into New Zealand a firearm, pistol, pistol carbine conversion kit, prohibited firearm, restricted airgun, blank-firing gun, restricted weapon, or major firearm part that does not bear an identification number must stamp or engrave, or cause to be stamped or engraved, in clear view on the frame or receiver, or upper and lower receiver, of that item, within 30 days after the day on which it is imported, a number by which that item may be identified.

(2)

A person who manufactures a firearm, pistol, pistol carbine conversion kit, prohibited firearm, restricted airgun, blank-firing gun, restricted weapon, or major firearm part must stamp, cast, or engrave an identification number on it at the time of its manufacture.

(3)

A person who imports into New Zealand a prohibited magazine that does not bear an identification number must, within 30 days after the day on which it is imported, stamp or engrave, or cause to be stamped or engraved, in clear view on that magazine, a number by which the magazine may be identified.

(4)

A dealer who receives a firearm, pistol, pistol carbine conversion kit, prohibited firearm, prohibited magazine, restricted airgun, blank-firing gun, restricted weapon, or major firearm part that does not bear an identification number must, within 30 days after the day on which it is received, stamp or engrave or cause to be stamped or engraved in clear view (which must be on the frame or receiver, or upper receiver and lower receiver, of the item if it is a firearm, restricted airgun, pistol, pistol carbine conversion kit, air pistol carbine conversion kit, or restricted weapon) a number by which the item may be identified.

(5)

Subclauses (1), (2), and (4) do not apply to—

(a)

a firearm, pistol, prohibited firearm, or restricted weapon that is an antique firearm; or

(b)

a major firearm part that is an integrated part of a firearm and the firearm has an identification number; or

(c)

a restricted airgun designed for use in airsoft or paintball sports.

(6)

A person who contravenes subclause (1) or (4) commits an offence and is liable on conviction to a fine not exceeding $400.

16 New regulation 12A inserted (Power to grant exemptions in respect of identification numbers)

After regulation 12, insert:

12A Power to grant exemptions in respect of identification numbers

(1)

A commissioned officer of Police may, by writing, exempt a dealer from compliance with any of the requirements set out in regulation 12 if the officer is satisfied that, in the circumstances, alternative means of uniquely identifying an arms item can be implemented, including (but not limited to) stamping or engraving the identification number on a non-visible area of the frame, receiver, upper receiver, or lower receiver or by causing a tag with the identification number to be firmly attached to the arms item.

(2)

An exemption under subclause (1) may at any time in the same way be revoked by a commissioned officer of Police.

(3)

An exemption under subclause (1) may be limited as specified in it.

17 Regulation 13 amended (Notification of importation)

(1)

Replace regulation 13(1)(a) and (b) with:

(a)

a firearm, pistol, pistol carbine conversion kit, air pistol carbine conversion kit, restricted airgun, blank-firing gun, restricted weapon, or magazine, or ammunition; or

(b)

a part of a firearm, pistol, blank-firing gun, or restricted weapon.

(2)

In regulation 13(1A)(a), after “notice in writing in hard copy form”, insert “approved by the Commissioner”.

(3)

In regulation 13(2)(d), delete “serial number or”.

(4)

Replace regulation 13(2)(e) and (f) with:

(e)

the name of the manufacturer of the firearm, pistol, pistol carbine conversion kit, air pistol carbine conversion kit, restricted airgun, blank-firing gun, restricted weapon, magazine, prohibited part, or ammunition; and

(f)

the place at which the firearm, pistol, pistol carbine conversion kit, air pistol carbine conversion kit, restricted airgun, blank-firing gun, restricted weapon, magazine, prohibited part, or ammunition was landed in New Zealand; and

18 Regulation 15 replaced (Supply of particulars for firearms licence)

Replace regulation 15 with:

15 Particulars required for application for firearms licence

(1)

Every application for a firearms licence must state—

(a)

the applicant’s full name; and

(b)

the applicant’s date of birth; and

(c)

the applicant’s place of birth; and

(d)

the applicant’s address and occupation (or the educational body they are attending); and

(e)

where the applicant works (or attends an educational body); and

(f)

the name, address, and contact details of the following person, of whom inquiries can be made about whether the applicant is a fit and proper person to be in possession of a firearm:

(i)

the applicant’s spouse or partner; or

(ii)

in the absence of a spouse or partner, a near relative of the applicant who knows the applicant well (even if the relative resides overseas); and

(g)

if the applicant is 16 or 17 years old, details of all their parents and legal guardians; and

(h)

in the absence of a spouse, partner, or near relative who knows the applicant well, the name, address, and contact details of a close associate who knows them well; and

(i)

the name, address, and contact details of any ex-spouse or ex-civil union or de facto partner who was the applicant’s spouse or civil union or de facto partner at any time during the 5 years immediately preceding the application, of whom inquiries can be made about whether the applicant is a fit and proper person to be in possession of a firearm; and

(j)

the name, address, and contact details of a person (other than a person described in paragraph (f), (g), (h), or (i)) who knows the applicant well and resides in New Zealand, of whom inquiries can be made about whether the applicant is a fit and proper person to be in possession of a firearm; and

(k)

if the applicant’s spouse, partner, near relative, or close associate is overseas, the name, address, and contact details of a further person, who resides in New Zealand and knows the applicant well, of whom inquiries can be made about whether the applicant is a fit and proper person to be in possession of a firearm; and

(l)

a list of countries in which the applicant has stayed for a period of 14 days or more at any one time over the previous 5 years, and the total time stayed in each of those countries; and

(m)

whether the applicant has been convicted of any offence in New Zealand or any other country; and

(n)

whether the applicant has previously applied for a firearms licence in New Zealand or any other country and has been refused, or the applicant’s licence in New Zealand or any other country has been revoked; and

(o)

any other relevant information that the Commissioner reasonably requires.

(2)

Every application for a firearms licence must be accompanied by a criminal record check of the applicant for each country (other than New Zealand) in which they have stayed for over 6 months (not necessarily consecutively) in the previous 10 years (obtained at the applicant’s own cost).

19 New regulation 15A inserted (Fit and proper person criteria for firearm or airgun)

After regulation 15, insert:

15A Fit and proper person criteria for firearm or airgun

For the purposes of section 24A(1)(n) of the Act, a member of the Police may find a person is not a fit and proper person to be in possession of a firearm or an airgun if the member of the Police is satisfied—

(a)

that—

(i)

the applicant spent time outside New Zealand in the previous 10 years; and

(ii)

the Police sought information about that period to inform a decision as to whether the applicant is a fit and proper person to possess a firearm or an airgun; but

(iii)

the Police have not received the information about that period from the applicant or been able to verify the information about that period provided by the applicant; or

(b)

any person named by the applicant in compliance with regulation 15(f), (g), (h), (i), (j), or (k) is unable or unwilling to provide sufficient information to enable the Police to be satisfied that the applicant is a fit and proper person to possess a firearm or an airgun; or

(c)

the Police have not been able to contact or confirm the identity of any person named by the applicant in compliance with regulation 15(f), (g), (h), (i), or (j) who resides overseas, or the person will not agree to an interview.

20 Regulation 19 replaced (Conditions relating to security precautions)

Replace regulation 19 with:

19 Conditions relating to security precautions

(1)

Every firearms licence is subject to the following conditions:

(a)

the holder must not put a firearm in a place where a young child has ready access to it:

(b)

the holder must take reasonable steps to ensure that any firearm in their possession is stored separately from any ammunition for the firearm so that a person who obtains access to the firearm cannot obtain access to the ammunition:

(c)

the holder must take reasonable steps to ensure that any firearm in their possession is secured against theft:

(d)

the holder must keep any firearm in their possession that is a flare pistol, humane killer, or stock marking pistol in a locked container except when they are using it or it is under their immediate and personal supervision.

(2)

The reasonable steps required by subclause (1)(c) are—

(a)

keeping on the holder’s premises—

(i)

a lockable cabinet, container, or receptacle of stout construction in which firearms may be stored; or

(ii)

a lockable steel and concrete strongroom in which firearms may be stored; or

(iii)

a lockable display cabinet or rack in which firearms are immobilised so that none of them may be fired; and

(b)

securely fixing to the premises all locked cabinets, containers, racks, and receptacles in which firearms are stored; and

(c)

keeping locked or immobilised and locked in the cabinet, container, receptacle, strongroom, display cabinet, or rack required by paragraph (a) every firearm that is on the holder’s premises and that is not under the immediate and personal supervision of the holder or some other holder of a firearms licence; and

(d)

complying with guidance notices issued by the Commissioner under section 87(1)(b) of the Act (if any) that relate to the secure storage of firearms by licence holders.

(3)

The steps taken under subclause (2) must be approved by a member of the Police following an inspection carried out—

(a)

at the time the holder’s firearms licence is issued (or renewed); or

(b)

during an inspection under section 24B of the Act that includes an inspection of the holder’s steel and concrete strongrooms, storage boxes, cabinets, safes, racks, and similar items, and of the manner in which they are locked and secured on and to the premises.

(4)

In addition to the condition in subclause (1)(b) relating to ammunition, ammunition must be stored—

(a)

in its own secure storage container (such as a cash box or an ammunition box that is in secure storage or in a stout locked cupboard) that has—

(i)

a locking mechanism that has a key or combination number that is different from the key or combination number for the person’s container for firearms; or

(ii)

a padlock that has a key or combination number that is different from the key or combination number for the person’s container for firearms; or

(b)

in a lock box in a gun safe cabinet that has a different key from the key for the gun safe cabinet, and the key for the gun safe cabinet must be stored in a different place from the other key; or

(c)

if the ammunition is bulky and difficult to store in a container, in a locked room or storage area on the licence holder’s premises that—

(i)

is of sufficiently robust construction to prevent the theft of the ammunition; and

(ii)

has been inspected and approved by a member of the Police.

(5)

Guidance issued by the Commissioner (other than a guidance notice under section 87(1)(b) of the Act) for the purpose of assisting people to comply with subclause (2)(a), (b), or (c) may be used for the purpose of establishing compliance with that provision if the guidance is—

(a)

issued after consultation with persons or organisations, or representatives of organisations, that appear to the Commissioner to be affected or likely to be affected by that guidance; and

(b)

publicly available free of charge on an Internet site maintained by or on behalf of the Commissioner.

21 New regulations 19A to 19C inserted

After regulation 19, insert:

19A Conditions relating to storage of firearms and ammunition in mobile homes

(1)

A firearms licence holder may only store their firearms and ammunition in a mobile home, campervan, or caravan unit while that vehicle or unit is being used as the person’s temporary or permanent home.

(2)

The conditions set out in regulation 19(2) and (3) apply with the necessary modifications to firearms and ammunition stored in mobile homes, campervans, and caravan units.

(3)

The storage of firearms and ammunition in a mobile home, campervan, or caravan unit must be inspected and approved by a member of the Police.

19B Conditions relating to storage of firearms in vehicles during transportation

(1)

Unless otherwise permitted by a member of the Police, if a firearms licence holder is transporting firearms or ammunition in a vehicle on a road or public access way,—

(a)

firearms must be concealed from view from outside of the vehicle; and

(b)

firearms must be made inoperable if readily possible by removing the bolt or another vital part (which should be kept on the licence holder’s person or stored out of sight separately from the firearms) or, if that is not possible (for example, because the firearm is a lever action or semi-automatic or single shot firearm), firearms must be fitted with a trigger lock or travel in a locked case or carry bag; and

(c)

firearms must not be loaded with ammunition in the breech, barrel, chamber, or magazine; and

(d)

ammunition must be concealed from view from outside of the vehicle; and

(e)

ammunition must be stored separately from any firearms and be in a locked glovebox or similar storage area where practicable.

(2)

Subclause (1) does not apply to a firearms licence holder if—

(a)

the holder is using a vehicle on a farm and undertaking farm-related activities, or is actively engaged in legally authorised hunting or wild animal pest control on farmland, public land, or land used for an agricultural, a horticultural, or a silviculture business on which they are permitted to use firearms; and

(b)

the licence holder is in the vehicle with the firearms or in the immediate vicinity of the vehicle in which the firearms are located.

(3)

Any firearms or ammunition may be left unattended in a vehicle during a break in a journey for up to 60 minutes if—

(a)

the licence holder remains in the immediate area or vicinity of the vehicle; and

(b)

the firearms or ammunition are secured and out of sight; and

(c)

if possible, vital parts of firearms remain in the licence holder’s possession; and

(d)

the vehicle is locked, the windows are closed, and the keys remain in the holder’s possession.

(4)

If the vehicle is to be left unattended for more than 60 minutes, any firearms and ammunition must be removed from the vehicle to a more secure location or under the licence holder’s direct possession and control, unless the vehicle is a mobile home, campervan, or caravan unit with secure storage in accordance with regulation 19A.

(5)

If the vehicle is travelling on a passenger ferry in accordance with the conditions of carriage,—

(a)

the vehicle may be left unattended for the duration of the journey, if drivers and passengers are required to leave the vehicle decks; and

(b)

the vehicle must be locked, the windows must be closed, and the keys must not be left in the vehicle.

(6)

A motorcyclist carrying a firearm must—

(a)

render the firearm incapable of operation by removing the bolt or other vital part and keeping the bolt or vital part on their person, or by affixing a trigger lock; and

(b)

contain the firearm and anything removed from it within a locked case or carry bag.

(7)

In this regulation road and vehicle have the same meanings as in section 2(1) of the Land Transport Act 1998.

19C Conditions relating to carriage of firearms on public transport

(1)

Any firearms carried on public transport (where not excluded by the conditions of carriage) or in public places must be unloaded, rendered inoperable by removing the bolt or affixing a trigger lock, carried in a locked carrying case or bag, and remain with the holder at all times.

(2)

The requirement in subclause (1) relating to public places does not apply to a firearms licence holder—

(a)

undertaking legally authorised wild animal or animal pest control services on public land; or

(b)

undertaking legally authorised hunting or shooting activities on public land or on a shooting range that occupies any publicly-owned land.

(3)

If firearms are carried in a vehicle travelling on a passenger ferry, regulation 19B(5) must be complied with.

22 Regulation 20B amended (Manner of applying for endorsement in respect of prohibited firearm or prohibited magazine)

In regulation 20B, after “prohibited firearm”, insert “or prohibited magazine”.

23 New regulation 21A inserted (Condition of endorsements for employees of licensed dealers)

After regulation 21, insert:

21A Condition of endorsements for employees of licensed dealers

(1)

An endorsement made under section 30 or 30B of the Act authorising an employee of a licensed dealer to possess a pistol, pistol carbine conversion kit, restricted weapon, prohibited firearm, or prohibited magazine in connection with their duties as an employee of a licensed dealer is issued subject to the condition in subclause (2).

(2)

The condition is that the employee must notify a member of the Police when the employee resigns from, or otherwise leaves, the employment of the licensed dealer.

24 New regulation 22A inserted (Endorsement for theatrical armourer)

After regulation 22, insert:

22A Endorsement for theatrical armourer

(1)

If a firearms licence holder holds an endorsement under section 30(1)(c) or 30B(3) of the Act, the endorsement is subject to either or both of the conditions in subclauses (2) and (3) (as specified by the Police in the particular case).

(2)

The endorsement holder may act as an on-site theatrical armourer or assistant to a theatrical armourer, and supervise the use of any firearms, prohibited items, and restricted weapons (for which they have an endorsement) for the purposes of making a broadcast or a theatrical, cinematic, television film, or video production if a dealer has hired out those items in accordance with section 5C of the Act.

(3)

The licence holder may, as an approved employee or approved member of a broadcaster or a bona fide theatre company or society, or a cinematic or television film production company, or a video recording production company, possess pistols, restricted weapons, and prohibited items and use those items in commemorative or historical re-enactment events, but (unless permitted by subclause (2)) must not act as an on-site armourer for the purposes of section 5C(2) or 7(4) of the Act.

25 Cross-heading above regulation 23A replaced

Replace the cross-heading above regulation 23A with:

Permits to possess pistols, pistol carbine conversion kits, prohibited firearms, prohibited magazines, and restricted weapons

26 Regulation 23A amended (Manner of applying for permit to possess)

(1)

In regulation 23A(1), after “pistol,”, insert “pistol carbine conversion kit,”.

(2)

In regulation 23A(2)(b)(ii) and (iii), delete “serial number or”.

27 Regulation 24 amended (Application for permit to possess pistol, prohibited firearm, prohibited magazine, or restricted weapon)

(1)

In the heading to regulation 24, after pistol,, insert pistol carbine conversion kit,.

(2)

In regulation 24(1), after “possess a pistol,”, insert “pistol carbine conversion kit,”.

(3)

In regulation 24(1)(d), (e), and (f), after “pistol,”, insert “pistol carbine conversion kit,”.

(4)

In regulation 24(1A), after “subclause (1)(i)”, insert “in relation to section 4A(1)”.

(5)

After regulation 24(1A), insert:

(1AA)

In the case of an application for a permit to possess a pistol carbine conversion kit, the applicant must provide evidence of the pistol that the pistol carbine conversion kit is to be associated with.

(6)

Replace regulation 24(1B) with:

(1B)

In the case of an application for a permit to possess a pistol, pistol carbine conversion kit, prohibited firearm, prohibited magazine, or restricted weapon in the circumstances described in regulation 23A(1B), the application must also state the identification number of the pistol, pistol carbine conversion kit, prohibited firearm, prohibited magazine, or restricted weapon (if it has one).

28 Regulation 25 amended (Place of delivery of application in hard copy form)

In regulation 25, after “pistol,”, insert “pistol carbine conversion kit,”.

29 Regulation 26 amended (Delivery of permit in writing in hard copy form where item acquired from another person)

(1)

In regulation 26(1)(a) and (c), (1A), (2), and (3), after “pistol,”, insert “pistol carbine conversion kit,” in each place.

(2)

In regulation 26(2)(a)(i), delete “serial number or”.

30 Regulation 26A amended (Delivery of permit through Internet site where item acquired from another person)

(1)

In regulation 26A(1)(a), (2), and (5), after “pistol,”, insert “pistol carbine conversion kit,”.

(2)

In regulation 26A(2), (4), and (5), delete “serial number or”.

31 Regulation 26B amended (Delivery of permit in writing in hard copy form where item already possessed by applicant)

(1)

In regulation 26B(1)(a), after “pistol,”, insert “pistol carbine conversion kit,”.

(2)

Replace regulation 26B(2)(a) with:

(a)

if no identification number of the item was stated under regulation 24(1B), write on the permit the identification number of the item and return the permit to a member of the Police; and

32 Regulation 26C amended (Delivery of permit through Internet site where item already possessed by applicant)

(1)

In regulation 26C(1)(a), after “pistol,”, insert “pistol carbine conversion kit,”.

(2)

Replace regulation 26C(2)(a) with:

(a)

if no identification number of the item was stated under regulation 24(1B), notify the Police, through the Internet site, of the identification number of the item, not later than 7 days after the issue of the permit to possess it; and

(3)

Replace regulation 26C(3)(b) with:

(b)

verify the identification number of the item.

(4)

In regulation 26C(4), delete “serial number or”.

33 Regulation 27 amended (Identification numbers)

(1)

In regulation 27(1), (2)(a), and (3)(a), after “pistol,”, insert “pistol carbine conversion kit,”.

(2)

Replace regulation 27(1)(b) with:

(b)

does not bear an identification number.

34 Regulation 28 amended (Security precautions in relation to pistols, prohibited firearms, prohibited magazines, and restricted weapons)

(1)

In regulation 28(3), replace “the governing body” with “director or curator”.

(2)

In regulation 28(3), replace “that governing body shall” with “the director or curator must”.

35 Regulation 28AAA amended (Secure storage of vital parts removed from prohibited firearms)

In regulation 28AAA(1)(a), delete “(d),”.

36 Regulation 28C amended (Commissioner may direct who may issue licences, etc, and grant endorsements)

In regulation 28C, after “endorsements”, insert “or issue improvement notices or temporary suspension notices”.

37 Regulation 28D amended (Commissioner may prescribe conditions on licences, etc)

(1)

In regulation 28D(c), after “section 18”, insert “, 18AA, or 18AAB”.

(2)

In regulation 28D(e), after “section 35”, insert “, 35AAA,”.

38 Regulation 28J amended (Prohibited items delivered to approved licensed dealer to be surrendered to Police)

In regulation 28J(2)(a)(vi) and (3)(b), replace “serial” with “identification”.

39 Regulation 28Y amended (Certain persons may possess prohibited ammunition)

(1)

In regulation 28Y(3), replace “section 43AA(a)” with “section 50CA”.

(2)

After regulation 28Y(4), insert:

(4A)

If a person required to notify a member of the Police under subclause (4) does not wish to dispose of the ammunition,—

(a)

the person must apply to the Police for approval to continue to possess the ammunition as a bona fide collector of ammunition, director or curator of a bona fide museum, or researcher for the New Zealand Defence Force or Institute of Environmental Science and Research Ltd; and

(b)

when applying for approval, the person must hold a firearms licence and be able to demonstrate that they can securely store the prohibited ammunition in a manner approved by a member of the Police; and

(c)

the person must not use the ammunition, unless authorised by an approval issued on an application under paragraph (a).

40 Regulation 28Z revoked (Temporary amnesty for persons possessing prohibited ammunition)
41 New regulation 29 inserted (Inspection of firearms under section 24B of Act)

After the cross-heading below regulation 28ZD, insert:

29 Inspection of firearms under section 24B of Act

When a member of the Police carries out an inspection under section 24B(1)(c) of the Act of a licence holder’s firearms, they may also record the quantity and type of each firearm.

42 Regulation 29A replaced (Endorsement on mail order for sale of firearm or ammunition)

Replace regulation 29A with:

29A Endorsement on mail order or Internet sale of arms item or ammunition

(1)

A person who wishes to apply for a member of the Police to sign a written hard copy purchase order or approve an electronic purchase order for a mail order or Internet sale of an arms item or ammunition for the purposes of section 43A of the Act may submit the order—

(a)

by delivering it personally in hard copy form to a Police Station; or

(b)

electronically through an Internet site.

(2)

The written order signed by the Police must be sent by Police directly to the seller.

(3)

However, section 43A(1) and (2) of the Act does not apply to a non-prohibited part (other than the action of a firearm) that is transferred between dealers.

29B Provisions relating to surrender of firearms

(1)

If a firearm, airgun, pistol, pistol carbine conversion kit, prohibited item, or restricted weapon is surrendered by a dealer under section 59A of the Act, the Police, after establishing that there is no lawful owner of the item and that it has not been involved in a crime, may return the item to the dealer if appropriate in the circumstances.

(2)

The return of any item is subject to any conditions imposed by a member of the Police by notice in writing and agreed to by the dealer.

(3)

In the case of a prohibited firearm, pistol, pistol carbine conversion kit, or restricted weapon, the return of an item is also subject to the condition that the dealer holds the necessary permit to possess the item and is subject to any conditions of that permit.

29C Purchaser must notify Police if item not delivered

(1)

If the holder of a firearms licence or dealer’s licence places a purchase order for a firearm, pistol, prohibited magazine, prohibited part, or restricted weapon and that item is not delivered to the holder within a reasonable time, the holder must, as soon as they have established that the item has not been delivered or has gone missing, notify a member of the Police of the occurrence.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $500.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2022, amend the Arms Regulations 1992 (the principal regulations) to support the implementation of the amendments to the Arms Act 1983 made by the Arms Legislation Act 2020.

The principal regulations are amended to—

  • require an applicant for a dealer’s licence to provide additional information, including the name and firearm licence number of each employee who will be handling any arms item or ammunition in their capacity as an employee and who has access to the premises where the applicant intends to carry on business as a licensed dealer:

  • expand the record-keeping requirements in relation to the items received, manufactured, and delivered by dealers, and in relation to the specific dealer activities being carried out:

  • impose tighter conditions on a dealer’s licence relating to the security requirements for the display and storage of arms items, pistol carbine conversion kits, major firearms parts, and ammunition at a dealer’s place of business:

  • impose a number of further conditions on a dealer’s licence, including the condition that a dealer must, on receiving 7 days’ notice of a proposed inspection, permit a member of the Police to inspect all non-prohibited firearms, non-prohibited magazines, prohibited parts, airguns, and air pistol carbine conversion kits that the dealer holds and the place where the items are kept:

  • set out the conditions that the Commissioner of Police may prescribe on a dealer’s licence for each type of dealer activity that the licence authorises a dealer to carry on:

  • enable a commissioned officer of Police to amend a dealer’s licence to change the dealer activities that a dealer may carry on, the arms items in relation to which a dealer may carry on dealer activities, and the place of business that a dealer is authorised to operate from:

  • require persons who intend to be an ammunition seller to notify the Police, have appropriate security arrangements, and keep records of all sales:

  • require an importer of a pistol carbine conversion kit, blank-firing gun, or major firearms part that does not have an identification number to stamp or engrave an identification number on the item:

  • require a manufacturer of a pistol carbine conversion kit, blank-firing gun, or major firearms part to stamp, cast, or engrave an identifying number on the item at the time of manufacture:

  • require a dealer who receives a firearm, pistol, pistol carbine conversion kit, prohibited firearm, prohibited magazine, restricted airgun, blank-firing gun, restricted weapon, or major firearm part that does not have an identification number to stamp or engrave an identification number on the item within 30 days of its receipt:

  • require further information to be supplied by applicants for a firearms licence, including a list of countries travelled to or visited in the previous 5 years involving stays of 14 days or more, and the length of stay in each country:

  • include further criteria for finding that a person is not a fit and proper person to be in possession of a firearm or an airgun:

  • clarify the requirements for purchase through mail order and Internet sales.

Regulatory impact statement

New Zealand Police produced a regulatory impact statement on 28 July 2021 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 22 December 2021.

These regulations are administered by the New Zealand Police.