Arms (Extension of Licences and Endorsements) Amendment Regulations 2023

2023/55

Coat of Arms of New Zealand

Arms (Extension of Licences and Endorsements) Amendment Regulations 2023

Rt Hon Dame Helen Winkelmann, Administrator of the Government

Order in Council

At Wellington this 11th day of April 2023

Present:
The Right Hon Chris Hipkins presiding in Council

These regulations are made under section 74(1)(ea) 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 made after being satisfied of the matter set out in section 74(4) of that Act.

Regulations

1 Title

These regulations are the Arms (Extension of Licences and Endorsements) Amendment Regulations 2023.

2 Commencement

These regulations come into force on 14 April 2023.

3 Principal regulations

These regulations amend the Arms Regulations 1992.

4 New regulations 28ZDA to 28ZDC and cross-heading inserted

Before the cross-heading above regulation 28ZE, insert:

Extension of licences and endorsements because of states of emergency declared in January, February, and March 2023 under Civil Defence Emergency Management Act 2002

28ZDA Interpretation

In regulations 28ZDB and 28ZDC,—

address,—

(a)

in relation to the holder of a dealer’s licence, means the address of the holder’s place of business recorded in respect of the licence by the Police as at 11 January 2023; and

(b)

in relation to the holder of a firearms licence, means the residential address of the holder recorded in respect of the licence by the Police as at 11 January 2023

affected areas means the following regions and districts over which states of emergency were declared under the Civil Defence Emergency Management Act 2002 for periods during 10 January 2023 to 14 March 2023:

(a)

the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay; and

(b)

the districts of Hauraki and Tararua

specified period means the period—

(a)

starting on 11 January 2023; and

(b)

ending at 5 pm on 31 August 2023.

28ZDB Extension of licences

(1)

This regulation applies despite sections 8(2) and 25(1) of the Act.

(2)

Subclause (3) applies if—

(a)

a licence (an original licence) expired, or expires, on a date during the specified period; and

(b)

the holder of the original licence had not applied before the start of the specified period—

(i)

to renew the original licence, if the original licence was a dealer’s licence; or

(ii)

for a new firearms licence to replace the original licence, if the original licence was a firearms licence; and

(c)

the address of the holder of the original licence is in an affected area and has a postcode specified in Schedule 3.

(3)

If this subclause applies, the original licence, unless it is sooner surrendered or revoked, does not expire on its expiry date but must be treated as continuing in force until,—

(a)

if an application for a new firearms licence to replace the original licence, or for the renewal of a dealer’s original licence, is made before the end of the specified period by the licence holder, the date on which the licence holder is notified of the determination made on that application; or

(b)

if an application for a new firearms licence to replace the original licence, or for the renewal of a dealer’s original licence, is not made before the end of the specified period by the licence holder, the end of the specified period.

(4)

While an original licence is treated as continuing in force under subclause (3),—

(a)

any endorsement on the original licence continues to apply unless sooner surrendered or revoked; and

(b)

any condition to which an endorsement is subject continues to apply unless sooner revoked; and

(c)

any condition to which the original licence is subject continues to apply.

(5)

In this regulation, unless the context otherwise requires, licence means—

(a)

a dealer’s licence; or

(b)

a firearms licence (other than a licence referred to in section 25(2) of the Act granted to a visitor to New Zealand).

28ZDC Extension of endorsements made under section 30B of Act on licences held by specified exempt persons for purposes of wild animal and pest control

(1)

This regulation applies despite section 33C(2)(a) of the Act.

(2)

Subclause (3) applies if—

(a)

an endorsement made under section 30B of the Act at any time after 12 April 2019 on a firearms licence held by a specified exempt person (an original endorsement)—

(i)

permits the specified exempt person to possess a prohibited firearm or prohibited magazine in their capacity as a specified exempt person; and

(ii)

expired, or expires, on a date during the specified period other than because the specified exempt person’s licence expires; and

(b)

the specified exempt person had not applied before the commencement of the specified period for a new endorsement to replace the original endorsement; and

(c)

the address of the specified exempt person is in an affected area and has a postcode specified in Schedule 3.

(3)

If this subclause applies, the original endorsement, unless it is sooner surrendered or revoked, does not expire on its expiry date but must be treated as continuing in force until,—

(a)

if an application for a new endorsement is made to replace the original endorsement before the end of the specified period by the specified exempt person, the date on which the specified exempt person is notified of the determination made on that application; or

(b)

if an application for a new endorsement is not made to replace the original endorsement before the end of the specified period by the specified exempt person, the end of the specified period.

(4)

While an original endorsement is treated as continuing in force under subclause (3), any condition to which the original endorsement is subject continues to apply.

(5)

A new endorsement issued on an application referred to in subclause (3)(a) comes into force on the date it is made.

(6)

In this regulation, specified exempt person means a person described in section 4A(1)(f), (g), (h), (i), or (j) of the Act.

5 New Schedule 3 inserted

After Schedule 2, insert the Schedule 3 set out in the Schedule of these regulations.

Schedule New Schedule 3 inserted

r 5

Schedule 3 Postcodes in affected areas

rr 28ZDB(2)(c), 28ZDC(2)(c)

Northland regionAuckland regionWaikato regionBay of Plenty regionGisborne regionHawke’s Bay regionHauraki districtTararua district
01100573350030104010410224734171
01120600350630154022410435034282
01140602350830204032410835744287
01160604351030254071411035764293
01180610357430734073411235974471
01700612357530744077412036004900
01710614357730764081412236104910
01720616357830964082413036714920
01730618357930974086417236724930
01740620358131104087417436734970
01750622358231124091417536744971
01760624358331144092417836814972
01780626358431164093418036824973
017906273591311841814974
018106293592311941824975
018206303620312041834976
018406323674312141864977
018507723691312241884978
019207813886312341894979
019307823910312741914981
020007923912312941934982
020207933970317241974983
020407943971317342004984
021008003975317442024985
021108103977317542034986
023008123978317642104987
027208143979317742714988
028108163981317942724989
028208203982318042734990
028308303983318142744991
029308713985318242754992
029408733986318342764993
029508743987318642774994
031008753988318742784995
037008813997318842794996
037108824376318942814997
03720883319142834998
03730891319242844999
03740892319342855583
03760900319442865881
03770910319642885882
03790920319842915894
0381093036114292
039109314294
040509324295
04100972
04200973
04720974
04730975
04740977
04750981
04760982
04780983
04790984
04810985
04820986
04830991
04840992
04860993
04910994
04921010
04941011
04961021
05051022
05101023
05201024
05301025
05711026
05821041
05831042
05871050
05881051
05891052
05911060
05921061
05931062
05941071
1072
1081
1971
2010
2012
2013
2014
2016
2018
2019
2022
2023
2024
2025
2102
2103
2104
2105
2110
2112
2113
2120
2122
2123
2124
2471
2472
2571
2576
2577
2578
2579
2580
2582
2583
2584
2585
2675
2676
2677
2678
2679
2681
2682
2683
2684

Rachel Hayward,
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 14 April 2023, amend the Arms Regulations 1992 (the principal regulations) to extend the duration of certain licences and endorsements.

This is necessary because of the effects of severe weather events in particular areas of New Zealand since 10 January 2023. Those areas are the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay, and the districts of Hauraki and Tararua, over which states of emergency were declared under the Civil Defence Emergency Management Act 2002 for periods during 10 January 2023 to 14 March 2023 (the affected areas).

Clause 4 inserts new regulations 28ZDA to 28ZDC and a cross-heading into the principal regulations.

New regulation 28ZDA is an interpretation provision and defines address, affected areas, and specified period, which are terms used in new regulations 28ZDB and 28ZDC.

New regulation 28ZDB provides that a dealer’s licence or a firearms licence is treated as continuing in force if—

  • the licence expired, or expires, during the period starting on 11 January 2023 and ending at 5 pm on 31 August 2023 (the specified period); and

  • the licence holder had not applied before the start of the specified period for a renewal or replacement of the licence; and

  • the licence holder’s address in respect of the licence is in an affected area and has a postcode that is specified in new Schedule 3.

The licence is treated as continuing in force until the end of the specified period or the date on which the licence holder’s application for a new firearms licence or a renewal of a dealer’s licence, made before the end of the specified period, is determined.

If a licence is treated as continuing in force, any endorsement on the licence continues to apply (unless sooner surrendered or revoked), any condition on the endorsement continues to apply (unless sooner revoked), and any condition to which the licence is subject continues to apply.

New regulation 28ZDC similarly extends an endorsement made under section 30B of the Act (in respect of prohibited firearms and prohibited magazines) on a firearms licence held by a person described in section 4A(1)(f), (g), (h), (i), or (j) of the Act for the purposes of wild animal and pest control. The endorsement is treated as continuing if—

  • the endorsement expired, or expires, during the specified period; and

  • the person had not applied before the start of that period for a new endorsement; and

  • the person’s address in respect of the licence is in an affected area and has a postcode that is specified in new Schedule 3.

The endorsement is treated as continuing in force until the end of the specified period or the date on which the person’s application for a new endorsement, made before the start of that period, is determined.

If an endorsement is treated as continuing in force, any condition on the endorsement continues to apply.

Clause 5 inserts new Schedule 3 into the principal regulations. New Schedule 3 lists postcodes in the affected areas. If a licence holder’s address held by the Police as at 11 January 2023 has one of those postcodes, the licence holder is eligible to have their licence or endorsement that expired, or expires, during the specified period treated as continuing in force under new regulations 28ZDB or 28ZDC, provided that they satisfy the other criteria in those regulations.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 13 April 2023.

These regulations are administered by the New Zealand Police.