Arms Amendment Regulations 2022
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2022/291
Arms Amendment Regulations 2022
Cindy Kiro, Governor-General
Order in Council
At Wellington this 14th day of November 2022
Present:
Her Excellency the Governor-General in Council
These regulations are made under sections 74 and 86 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
Regulations
1 Title
These regulations are the Arms Amendment Regulations 2022.
2 Commencement
These regulations come into force on 15 December 2022.
3 Principal regulations
These regulations amend the Arms Regulations 1992.
Part 1 Amendments relating to shooting clubs and shooting ranges
4 New Parts 5 and 6 inserted
After regulation 28D, insert:
Part 5 Shooting clubs
28E Interpretation
In this Part, unless the context otherwise requires,—
club member, in relation to a shooting club, means a member of the club
committee, in relation to a shooting club, means the governing body of the club however described (for example, a board)
contact details, for a person, means that person’s—
(a)
physical address; and
(b)
electronic address (if any); and
(c)
telephone number
contact person, in relation to a shooting club, means a person—
(a)
who is—
(i)
of or over the age of 18 years; and
(ii)
ordinarily resident in New Zealand; and
(b)
whom a member of the Police is able to contact, when needed, about the affairs of the shooting club
endorsement, in relation to a person’s firearms licence, means an endorsement made on a licence under section 30 of the Act permitting the person to possess a pistol in the person’s capacity specified in section 29(2)(a) of the Act
officer, in relation to a shooting club, means—
(a)
an individual who is a member of the committee of the club; or
(b)
an individual who occupies a position in the club that allows the person to exercise significant influence over the management or administration of the club (for example, a treasurer or a chief executive)
sell includes to supply.
Application for certificate of approval
28F How application for approval must be made
An application for approval must be made to the Commissioner—
(a)
in writing in hard copy form; or
(b)
electronically (for example, by email or through an Internet site).
28G Content of application for approval: general requirements
(1)
An application for approval made in respect of a shooting club must state—
(a)
the name and contact details of the applicant; and
(b)
the name of the club; and
(c)
the address of the premises used by the club, if any; and
(d)
the name and contact details of at least 1 contact person for the club; and
(e)
the names of officers of the club; and
(f)
whether the club is an incorporated society; and
(g)
the New Zealand Business Number of the club, if the club has a New Zealand Business Number; and
(h)
the shooting discipline or shooting disciplines of the club; and
(i)
the aims, objectives, and proposed activities of the club; and
(j)
the name and address of each shooting range used by the club for its shooting activities; and
(k)
whether firearms or ammunition will be stored at any premises used by the club or at any shooting range used by the club; and
(l)
any other information the Commissioner may reasonably require.
(2)
An application must include a declaration by the applicant that all of the information provided in the application is true and correct.
(3)
The applicant must—
(a)
sign the application form; or
(b)
use an electronic identity credential within the meaning of section 8 of the Electronic Identity Verification Act 2012.
28GA Supporting information and documents
(1)
An application for a certificate of approval that is made in respect of a shooting club must be supported by the following:
(a)
a copy of the club’s constitution or rules; and
(b)
either—
(i)
a copy of the minutes of the club’s last annual general meeting, if the club holds annual general meetings and the minutes of its last annual general meeting are available; or
(ii)
a copy of the minutes of the club’s inaugural meeting, if the club has not yet had an annual general meeting (because it is newly constituted) and the minutes of its inaugural meeting are available; and
(c)
evidence that the applicant is authorised by the club to make the application on its behalf.
(2)
Additionally,—
(a)
an application for approval made in respect of a pistol shooting club must be supported by the following:
(i)
the names of all club members; and
(ii)
the firearms licence numbers of all club members who hold a firearms licence; and
(iii)
details of the process for recording club member and visitor participation in shooting activities organised by the club; and
(b)
an application for approval made in respect of a shooting club on whose behalf firearms or ammunition (or both) are sold must also be supported by a financial report, approved in accordance with the club’s rules, that contains sufficient detail to provide—
(i)
a reconciliation of all firearms and ammunition purchased, held, and sold on behalf of the club; and
(ii)
evidence that the revenue will be used for the benefit of the club.
28GB Publicly available information not required to be provided under regulations 28G and 28GA
Despite regulations 28G and 28GA, an applicant need not provide the information required by either of those regulations if that information is publicly available on—
(a)
the register of incorporated societies established under section 231 of the Incorporated Societies Act 2022; or
(b)
an electronic register kept by the Registrar of Incorporated Societies under section 33 of the Incorporated Societies Act 1908.
Conditions relating to certificates of approval
28GC Certificates of approval issued subject to conditions
A certificate of approval issued to a shooting club is subject to the conditions set out in regulations 28GD to 28GN.
28GD Conditions relating to status of shooting club
(1)
A shooting club must notify the Commissioner if the club ceases to operate or amalgamates with another shooting club.
(2)
A pistol shooting club must—
(a)
continue to be registered as an incorporated society to hold a certificate of approval; and
(b)
notify the Commissioner if it ceases to be registered as an incorporated society.
(3)
A shooting club on whose behalf firearms or ammunition (or both) are sold must notify the Commissioner if it ceases to be registered as an incorporated society.
28GE Conditions relating to shooting club membership
(1)
A shooting club must at all times maintain a list of—
(a)
all current club members; and
(b)
the firearms licence numbers of all current club members who hold a firearms licence.
(2)
A pistol shooting club must notify the Police if any of the following events occur:
(a)
a person joins the club as a new member:
(b)
the club declines a person’s membership application:
(c)
a person ceases to be a club member for any reason (for example, the person resigns, has their membership terminated by the club, or has not renewed their club membership within 28 days after the end of the membership year).
(3)
A notification given by a pistol shooting club under subclause (2) must be given not later than 28 days after the event occurred and include the following information:
(a)
if the notification is given under subclause (2)(a), the name of the new member and the new member’s firearms licence number (if the new club member has a firearms licence):
(b)
if the notification is given under subclause (2)(b), the applicant’s name and the reason for declining the applicant’s application:
(c)
if the notification is given under subclause (2)(c), the name of the former member and the date on which the former member’s membership ceased.
28GF Conditions relating to membership of shooting club committee
(1)
A person must not be a member of the committee of a shooting club if the person—
(a)
is disqualified under section 22H of the Act from holding a firearms licence; or
(b)
has had a firearms licence revoked within the previous 5 years.
(2)
A person must not be a member of the committee of a pistol shooting club if the person—
(a)
is a person described in subclause (1)(a) or (b); or
(b)
has had an endorsement on their firearms licence revoked within the previous 5 years.
28GG Conditions relating to notification of change of contact person
(1)
A shooting club must ensure that notice is given to the Commissioner of—
(a)
a change in a contact person for the club:
(b)
a change in the name or the contact details of a contact person for the club.
(2)
The notice must be given to the Commissioner within 28 days after the change.
28GH Conditions relating to security of premises used by shooting club
(1)
This regulation applies if any firearms or ammunition, or both, are stored on the premises used by the shooting club.
(2)
The shooting club must ensure that the premises—
(a)
are structurally sound; and
(b)
have strong, well-maintained exterior doors with strong locks, bolts, hinges, and other fastenings that are 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; and
(c)
have well-maintained windows and skylights with locks, bolts, hinges, and other fastenings maintained in good condition that are 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.
(3)
The shooting club must ensure that when the premises are unoccupied, all reasonable steps are taken to secure the premises against unlawful entry.
(4)
In this regulation, stored, in relation to firearms or ammunition, includes firearms or ammunition that are on the premises used by a shooting club and not in the physical possession of a firearms licence holder.
28GI Conditions relating to secure storage of firearms and ammunition on premises used by shooting club
(1)
This regulation applies if any firearms or ammunition, or both, are stored on the premises used by the shooting club.
(2)
The shooting club must ensure that the premises have storage facilities to enable firearms stored on the premises to be locked up in a steel box, steel cabinet, or steel safe, that is secured to the premises, or in a steel and concrete strongroom or secure storeroom, and the box, cabinet, safe, strongroom, or storeroom is 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.
(3)
The shooting club must ensure that the premises have storage facilities for ammunition stored on the premises that are approved for the time being either generally or in the particular case by a member of the Police, and that the ammunition can be stored in—
(a)
an area not accessible to the public in a steel cabinet or container that is soundly constructed and secured to the premises to prevent its removal; or
(b)
a locked storeroom or strongroom.
(4)
The shooting club must ensure that pistols, pistol magazines, and pistol carbine conversion kits are not stored overnight on premises used by the shooting club without the prior written consent of a member of the Police.
(5)
In this regulation, stored, in relation to firearms or ammunition, includes firearms or ammunition that are on the premises used by a shooting club and not in the physical possession of a firearms licence holder.
28GJ Conditions relating to participation of young club members in shooting activities of pistol shooting club
(1)
A person under the age of 17 years who is a club member (A) may be allowed to participate in shooting activities organised by a pistol shooting club on a certified range if, at all times when A is on the certified range participating in the shooting activities and in possession of a pistol, A is under the immediate supervision of another club member who holds a firearms licence bearing an endorsement.
(2)
When A attains the age of 17 years, then, unless A has a firearms licence bearing an endorsement, A may only be allowed to continue to participate in shooting activities organised by a pistol shooting club on a certified range if, at all times when A is on the certified range participating in the shooting activities and in possession of a pistol, A is under the immediate supervision of a club member who holds a firearms licence bearing an endorsement, and—
(a)
A remains a member of the club; and
(b)
A has passed an examination conducted by a member of the Police, or a person approved for the purpose by a member of the Police, that is designed to demonstrate knowledge of—
(i)
the safe possession and use of a pistol; and
(ii)
the obligations of a licence holder whose licence bears an endorsement; and
(c)
A is awaiting the outcome of an application for—
(i)
an endorsement on their firearms licence; or
(ii)
a firearms licence and an endorsement on the licence.
28GK Conditions relating to participation in shooting activities of pistol shooting club by persons aged 16 years or over who do not hold firearms licence with pistol endorsement
(1)
Any person aged 16 years or over who is not a member of a pistol shooting club and who does not hold a firearms licence bearing an endorsement (A) may be allowed to participate in no more than 3 shooting activities organised by the pistol shooting club on a certified range over any 6-month period (an initial period) if, at all times when A is on the certified range participating in the shooting activities and in possession of a pistol, A is under the immediate supervision of a club member who holds a firearms licence bearing an endorsement.
(2)
A may be permitted to continue to participate in further shooting activities organised by the pistol shooting club on a certified range without a firearms licence bearing an endorsement for a period of 12 months after expiry of the initial period (a further period) if A—
(a)
becomes and remains a member of the club; and
(b)
at all times when A is on the certified range participating in the shooting activities and in possession of a pistol, A is under the immediate supervision of a club member who holds a firearms licence bearing an endorsement.
(3)
A may be permitted to continue to participate in further shooting activities organised by the pistol shooting club on a certified range without a firearms licence bearing an endorsement after expiry of the further period if A—
(a)
remains a club member; and
(b)
at all times when A is on the certified range participating in the shooting activities and in possession of a pistol, A is under the immediate supervision of a club member who holds a firearms licence bearing an endorsement; and
(c)
has passed an examination conducted by a member of the Police, or a person approved for the purpose by a member of the Police, that is designed to demonstrate knowledge of—
(i)
the safe possession and use of a pistol; and
(ii)
the obligations of a licence holder whose licence bears an endorsement; and
(d)
is awaiting the outcome of an application for—
(i)
an endorsement on their firearms licence; or
(ii)
a firearms licence and an endorsement on the licence.
28GL Conditions relating to records of participation in activities of pistol shooting club
(1)
A pistol shooting club must keep a record of the shooting activities organised by the club each year.
(2)
The record referred to in subclause (1) must show for each shooting activity—
(a)
the date of the shooting activity; and
(b)
the names of all persons (including persons who are not club members) who participated in the shooting activity (the participants); and
(c)
the firearms licence numbers of all participants who hold a firearms licence.
(3)
The pistol shooting club must provide to the Police the record for each year not later than 28 days after the end of the year.
(4)
However, a pistol shooting club need not comply with subclauses (1) and (3) if, in accordance with any regulations made for the purpose, the club provides the details specified in subclause (2) to the Police for inclusion in the registry.
(5)
In this regulation, year means a period of 12 months commencing on 1 July and ending on 30 June.
28GM Conditions relating to ammunition sales
(1)
If, on behalf of a shooting club, ammunition is sold by a club member to another club member, or on the premises used by the club to any person, the shooting club must keep a record (in hard copy or electronically) of the following details in respect of the sale:
(a)
the name of the person who sold the ammunition (the seller); and
(b)
the seller’s firearms licence number; and
(c)
the name of the person to whom the ammunition was sold (the purchaser); and
(d)
the purchaser’s firearms licence number or, if the ammunition was sold to the purchaser for use under the immediate supervision of another person who holds a firearms licence, the name and firearms licence number of that other person; and
(e)
the quantity and type of ammunition sold.
(2)
However, a shooting club need not comply with subclause (1) if, in accordance with any regulations made for the purpose, the shooting club provides the details specified in subclause (1) to the Police for inclusion in the registry.
(3)
A shooting club that keeps its record under subclause (1) in hard copy form must retain the record for at least 10 years from the date of the last entry in the record.
(4)
A shooting club that keeps its record under subclause (1) electronically must retain each electronic record for at least 10 years from the date on which the record is entered.
(5)
When a shooting club’s certificate of approval is surrendered or cancelled, the shooting club must immediately surrender to the Police all records it is required by this regulation to keep that have not been included in the registry.
28GN Conditions relating to incidents and safety breaches that occur during shooting activity
(1)
A shooting club must maintain an up-to-date record of any incidents or safety breaches that have occurred during any shooting activity organised by the club and that did not result in injury to, or the death of, any person but had the potential to do so.
(2)
The record may be kept in hard copy or electronic form.
(3)
Each entry in the record must be kept for at least 5 years from the date on which the incident or safety breach occurred.
(4)
However, a shooting club need not comply with this regulation if, in accordance with any regulations made for the purpose, the shooting club provides information about each entry in the record to the Police for inclusion in the registry.
Annual reports
28GO Annual report on shooting club’s operation
(1)
A shooting club’s annual report must—
(a)
provide detail of any changes made to the club’s constitution or rules since the date on which the club applied for a certificate of approval or since the date of the club’s last annual report, whichever date is the later; and
(b)
provide detail of any changes to the club’s officers since the date on which the club applied for a certificate of approval or since the date on which of the club’s last annual report, whichever date is the later; and
(c)
include the minutes of the club’s last annual general meeting.
(2)
A pistol shooting club’s annual report must, additionally, include the following:
(a)
the names of all club members; and
(b)
the firearms licence numbers of all club members who hold a firearms licence; and
(c)
a list of the shooting activities organised by the club that were held during the financial year and the location of those activities; and
(d)
a list of the shooting activities organised by the club that are planned to be held in the following financial year and the location of those activities.
(3)
The annual report of a shooting club on whose behalf firearms or ammunition, or firearms and ammunition, are sold must, additionally, include a financial report approved in accordance with the club’s rules, containing sufficient detail to provide—
(a)
a reconciliation of all firearms and ammunition purchased on behalf of the club with the firearms and ammunition held or sold on behalf of the club; and
(b)
evidence that all revenue generated by the sales was used, or is to be used, for the benefit of the club.
(4)
In this regulation, annual report, in relation to a shooting club, means the annual report the shooting club is required to provide to the Commissioner under section 38K of the Act.
28GP Publicly available information not required to be provided under regulation 28GO
Despite regulation 28GO, an annual report need not include the information required by that regulation if the information is publicly available on—
(a)
the register of incorporated societies established under section 231 of the Incorporated Societies Act 2022; or
(b)
an electronic register kept by the Registrar of Incorporated Societies under section 33 of the Incorporated Societies Act 1908.
Compliance activities
28GQ Compliance activities
(1)
A shooting club must pay the annual compliance activities fee prescribed in Schedule 1A.
(2)
The compliance activities fee must be paid no later than 30 June in each year.
Part 6 Shooting ranges
Application for certification of shooting range
28GR Interpretation
In this Part and Schedule 1A, unless the context otherwise requires,—
contact details, for a person, means that person’s—
(a)
physical address; and
(b)
electronic address (if any); and
(c)
telephone number
contact person, in relation to a shooting range, means a person—
(a)
who is—
(i)
of or over the age of 18 years; and
(ii)
ordinarily resident in New Zealand; and
(b)
whom a member of the Police is able to contact, when needed, about the affairs of the shooting range
one-time-use shooting range means a shooting range that is used on 1 occasion only for a period of no more than several days
range operator means the person who is operating, or proposing to operate, the shooting range
range standing orders, in relation to a shooting range, means a document that—
(a)
describes the design of the shooting range; and
(b)
sets out the operational detail, and conditions of use, of the shooting range
significant changes to the circumstances of a certified shooting range, in relation to a shooting range, means any changes to the design, construction, or operation of the shooting range that have, or may have, a material impact on the safety or ballistic characteristics of the shooting range.
28GS How application for certification must be made
An application for certification of a shooting range must be made to the Commissioner—
(a)
in writing in hard copy form; or
(b)
electronically (for example, by email or through an Internet site).
28GT Content of application
(1)
An application for certification made in respect of a shooting range must state—
(a)
the name and contact details of the applicant; and
(b)
the name and contact details of the range operator, if the range operator is not the applicant; and
(c)
the name of the shooting range; and
(d)
the address of the shooting range; and
(e)
the New Zealand topographical map number and co-ordinates on that map of the shooting range; and
(f)
the name and contact details of at least 1 contact person for the shooting range; and
(g)
the New Zealand Business Number of the range operator, if the range operator has a New Zealand Business Number; and
(h)
the firearms licence number of the range operator, if the range operator is an individual; and
(i)
the types of firearms and the maximum calibre to be used at the shooting range; and
(j)
the date or dates on which the shooting range is proposed to be used, if the shooting range is a one-time-use shooting range; and
(k)
any other information the Commissioner may reasonably require.
(2)
An application must include a declaration by the applicant that—
(a)
all necessary territorial authority and regional council consents in respect of the shooting range have been obtained; and
(b)
all landowners affected, or likely to be affected, by the operation of the shooting range have consented to its operation; and
(c)
all of the information provided in the application is true and correct.
(3)
The applicant must—
(a)
sign the application form; or
(b)
use an electronic identity credential within the meaning of section 8 of the Electronic Identity Verification Act 2012.
28GU Supporting information and documents
An application for certification must be supported by the following:
(a)
a copy of the range standing orders for the shooting range; and
(b)
a copy of an inspection report undertaken in respect of the shooting range by a shooting range inspector recognised by the Commissioner; and
(c)
evidence that the applicant is authorised to make the application, if the applicant is a person authorised to make the application and makes the application under section 38M(1)(b) or (c) of the Act.
28GV Application for certification of multiple shooting ranges operated by same range operator
(1)
An application may be made under regulation 28GT for the certification of multiple shooting ranges that are—
(a)
on the same site; and
(b)
operated by the same range operator.
(2)
Regulations 28GT and 28GU apply to an application for the certification of multiple shooting ranges with the modifications set out in subclause (3).
(3)
The application must—
(a)
contain in respect of each shooting range the information required by regulation 28GT(1)(c), (e), (i), and (j); and
(b)
include for each shooting range a declaration of the kind required by regulation 28GT(2)(a) and (b); and
(c)
be supported by a copy of—
(i)
the range standing orders for each shooting range; and
(ii)
an inspection report undertaken in respect of each shooting range of the kind required by regulation 28GU(b).
Renewal of certification
28GW Renewal of certification of shooting range if significant change to circumstances
If there have been any significant changes to the circumstances of a certified shooting range in the previous 5 years, an application for renewal of certification may be made in accordance with regulations 28GS to 28GV.
28GX Renewal of certification of shooting range if no significant change to circumstances
(1)
If there has been no significant change to the circumstances of a certified shooting range in the previous 5 years, an application may be made for the renewal of the shooting range’s certification in the form approved for the purpose by the Commissioner stating—
(a)
the name and contact details of the applicant; and
(b)
the name and contact details of the range operator, if the range operator is not the applicant; and
(c)
the name of the shooting range; and
(d)
the address of the shooting range; and
(e)
the New Zealand topographical map number and co-ordinates on that map of the shooting range; and
(f)
the name and contact details of at least 1 contact person for the shooting range who is of or over the age of 18 years and ordinarily resident in New Zealand; and
(g)
the New Zealand Business Number of the range operator, if the range operator has a New Zealand Business Number; and
(h)
the firearms licence number of the range operator, if the range operator is an individual; and
(i)
the details of any changes to the circumstances of the shooting range in the previous 5 years, if any; and
(j)
any other information the Commissioner may reasonably require.
(2)
An application must be supported by—
(a)
a copy of an inspection report undertaken in respect of the shooting range by a shooting range inspector recognised by the Commissioner; and
(b)
evidence that the applicant is authorised to make the application, if the applicant is a person authorised to make the application and makes the application under section 38M(1)(b) or (c) of the Act.
(3)
The applicant must—
(a)
sign the application form; or
(b)
use an electronic identity credential within the meaning of section 8 of the Electronic Identity Verification Act 2012.
28GY Renewal of certifications of multiple shooting ranges operated by same range operator if no significant change to circumstances
(1)
An application may be made for the renewal of the certification of multiple shooting ranges that are—
(a)
on the same site; and
(b)
operated by the same range operator.
(2)
Regulation 28GX applies to an application for the certification of multiple shooting ranges with the modifications set out in subclause (3).
(3)
The application must—
(a)
contain in respect of each shooting range the information required by regulation 28GX(1)(c), (e), and (i); and
(b)
be supported by a copy of an inspection report undertaken in respect of each shooting range of the kind required by regulation 28GX(2)(a).
Conditions relating to certifications
28GZ Certifications granted in respect of shooting ranges subject to conditions
A certification granted in respect of a shooting range is subject to the conditions set out in regulations 28GZA to 28GZF.
28GZA Conditions relating to notification of change of contact person
(1)
The range operator must ensure that notice is given to the Commissioner of—
(a)
a change in a contact person for the shooting range:
(b)
a change in the name or the contact details of a contact person for the shooting range.
(2)
The notice must be given to the Commissioner within 28 days after the change.
28GZB Conditions relating to duty officers
(1)
The range operator of a certified shooting range must maintain for each year ending on 30 June a record of the officers who—
(a)
are on duty at the shooting range from time to time during the year; and
(b)
satisfy the requirements in section 38Q(1) of the Act.
(2)
The record must state—
(a)
the name of the officer; and
(b)
the firearms licence number of the officer; and
(c)
the training that the officer has had in shooting range safety management.
(3)
The record for each year must be retained for a period of 2 years from the end of the year to which the record relates.
28GZC Conditions relating to range standing orders
(1)
The range operator of a certified shooting range must maintain range standing orders for the shooting range that include all information required by the Police.
(2)
The range standing orders for a shooting range must be approved by the Police.
(3)
The range operator of a certified shooting range must, at all times while operating the shooting range, comply with the range standing orders for the shooting range approved by the Police.
(4)
Any change to approved range standing orders may only be made with the prior approval of the Police if the change will, or may, affect—
(a)
the ballistic characteristics of the shooting range; or
(b)
the operation or safety of the shooting range.
(5)
The range operator of a certified shooting range must take all reasonable and practicable steps to ensure that all persons using the shooting range—
(a)
have access to the current version of the range standing orders, whether in hard copy or electronic form; and
(b)
are advised of any change that is made to the range standing orders.
28GZD Conditions relating to security of shooting range premises
(1)
This regulation applies if any firearms or ammunition, or both, are stored on the premises of a shooting range.
(2)
The range operator must ensure that the premises—
(a)
are structurally sound; and
(b)
have strong, well-maintained exterior doors with strong locks, bolts, hinges, and other fastenings that are 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; and
(c)
have well-maintained windows and skylights with locks, bolts, hinges, and other fastenings maintained in good condition that are 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.
(3)
The range operator must ensure that when the premises are unoccupied, all reasonable steps are taken to secure the premises against unlawful entry.
(4)
In this regulation, stored, in relation to firearms or ammunition, includes firearms or ammunition that are on the premises of a shooting range and not in the physical possession of a firearms licence holder.
28GZE Conditions relating to secure storage of firearms and ammunition on premises of shooting range
(1)
This regulation applies if any firearms or ammunition, or both, are stored on the premises of a shooting range.
(2)
The range operator must ensure that the premises have storage facilities to enable firearms stored on the premises to be locked up in a steel box, steel cabinet, or steel safe, that is secured to the premises, or in a steel and concrete strongroom or secure storeroom, and the box, cabinet, safe, or strongroom is 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.
(3)
The range operator must ensure that the premises have storage facilities for ammunition stored on the premises that are approved for the time being either generally or in the particular case by a member of the Police and that the ammunition can be stored in—
(a)
an area that is not accessible to the public in a steel cabinet or container that is soundly constructed and secured to the premises to prevent its removal; or
(b)
a locked storeroom or strongroom.
(4)
The range operator must ensure that pistols, pistol magazines, and pistol carbine conversion kits are not stored overnight on the premises of the shooting range without the prior written consent of a member of the Police.
(5)
In this regulation, stored, in relation to firearms or ammunition, includes firearms or ammunition that are on the premises of the shooting range and not in the physical possession of a firearms licence holder.
28GZF Conditions relating to incidents and safety breaches that occur on shooting range
(1)
A range operator must maintain an up-to-date record of any incidents or safety breaches that have occurred on any shooting range operated by the range operator and that did not result in injury to, or the death of, any person but had the potential to do so.
(2)
The record may be kept in hard copy or electronic form.
(3)
Each entry in the record must be kept for at least 5 years from the date on which the incident or safety breach occurred.
(4)
However, a range operator need not comply with this regulation if, in accordance with any regulations made for the purpose, the range operator provides information about each entry in the record to the Police for inclusion in the registry.
Part 2 Amendments of minor or technical nature
5 Cross-heading above regulation 2 replaced
Replace the cross-heading above regulation 2 with:
Part 1 Preliminary provisions
6 Regulation 2 amended (Interpretation)
In regulation 2, insert in its appropriate alphabetical order:
ordinarily resident in New Zealand, in relation to a person, means the person—
(a)
is domiciled in New Zealand; or
(b)
is living in New Zealand and the place where that person usually lives is, and has been for the immediately preceding 12 months, in New Zealand, whether or not that person has on occasion been away from New Zealand during that period
7 Regulation 2C amended (Prescribed wild animals and animal pests)
In regulation 2C, replace “section 4A(1)(i)”
with “section 4A(1)(i) and (j)”
.
8 Cross-heading above regulation 3 replaced
Replace the cross-heading above regulation 3 with:
Part 2 Licensed dealers, ammunition sellers, etc
9 Regulation 7 amended (Records kept by licensed dealers: general requirements)
(1)
Replace regulation 7(2)(a)(iii) with:
(iii)
for a major firearm part not integrated into a firearm, its identification number:
(2)
In regulation 7(2)(c), replace “the item is immediately surrendered by the licensed dealer”
with “within 5 working days of receiving the item the licensed dealer surrenders it”
.
(3)
Replace regulation 7(3)(a)(iii) with:
(iii)
for a major firearm part not integrated into a firearm, its identification number; and
(4)
Replace regulation 7(4)(a)(iii) with:
(iii)
for a major firearm part not integrated into a firearm, its identification number:
10 Regulation 7A amended (Records kept by licensed dealers: directors and curators of museums)
Replace regulation 7A(2)(c) with:
(c)
if the item is a major firearm part, its identification number.
11 Regulation 8A amended (Conditions of dealer’s licence: security of firearms, etc, at licensed dealer’s place of business)
Replace regulation 8A(2) with:
(2)
If a director or curator of a bona fide museum keeps any firearms, prohibited magazines, restricted weapons, or ammunition that are on display to members of the public (display items), the director or curator must ensure that—
(a)
the display items cannot be handled by members of the public; and
(b)
the firearms and restricted weapons are rendered inoperable; and
(c)
the display items are adequately secured in a manner approved in each case by a member of the Police to prevent unlawful removal.
12 Regulation 9D amended (Condition of dealer’s licence: testing of certain arms items)
In regulation 9D, replace “firing of the firearm”
with “firing of the prohibited firearm”
.
13 Cross-heading above regulation 9G replaced
Replace the cross-heading above regulation 9G with:
Ammunition sellers
14 New regulation 9J and cross-heading inserted
After regulation 9I, insert:
Prohibited ammunition
9J Certain persons may possess prohibited ammunition
(1)
The following persons may possess prohibited ammunition that is manufactured for small arms:
(a)
a director or curator of a bona fide museum:
(b)
a bona fide collector of ammunition.
(2)
A researcher may possess prohibited ammunition if the researcher is—
(a)
employed or contracted by—
(i)
the New Zealand Defence Force; or
(ii)
the Institute of Environmental Science and Research Limited; and
(b)
researching the chemical makeup of certain types of prohibited ammunition.
(3)
A person to whom subclause (1) or (2) applies and who possesses prohibited ammunition must, as soon as is reasonably practicable, notify a member of the Police of any prohibited ammunition that the person—
(a)
possesses as at the commencement of the Arms (Prohibited Ammunition) Order 2019 (the Order); and
(b)
takes possession of after the commencement of the Order; and
(c)
disposes of after the commencement of the Order.
(4)
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 the Institute of Environmental Science and Research Limited; 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).
(5)
In this regulation, small arms means—
(a)
a rifle of a calibre up to 20 millimetres:
(b)
a pistol of a calibre up to 20 millimetres.
15 Cross-heading above regulation 10 replaced
Replace the cross-heading above regulation 10 with:
Part 3 Importation of firearms, etc
16 Regulation 12 amended (Identification numbers)
(1)
In regulation 12(2), delete “prohibited firearm,”
.
(2)
In regulation 12(4), delete “air pistol carbine conversion kit,”
.
(3)
In regulation 12(6), replace “subclause (1) or (4)”
with “any of subclauses (1) to (4)”
.
17 New Part 4 heading inserted
After regulation 13, insert:
Part 4 Firearms licences, endorsements, and permits to possess
18 Regulation 19 amended (Conditions relating to security precautions)
In regulation 19(2)(c), replace “keeping locked or immobilised and locked in”
with “keeping locked in, or immobilised and locked in,”
.
19 Regulation 19B amended (Conditions relating to storage of firearms in vehicles during transportation)
In regulation 19B(2)(a), after “wild animal”
, insert “or animal”
.
20 Regulation 21A amended (Condition of endorsements for employees of licensed dealers)
In regulation 21A(1), delete “pistol carbine conversion kit,”
.
21 Regulation 22 amended (Conditions of endorsements in respect of pistols and restricted weapons)
Replace regulation 22(1) with:
(1)
An endorsement made under section 30 of the Act on a person’s firearms licence that permits the person to possess a pistol in the capacity specified in section 29(2)(a) of the Act is subject to the following conditions:
(a)
the person uses the pistol only for target pistol shooting on a pistol range that has been certified under section 38P of the Act; and
(b)
the person participates in scheduled shooting activities organised by the pistol shooting club of which the person is a member, on the pistol ranges used by that club, on at least 12 days in each year ending on 30 June; and
(c)
the person notifies the Police within 28 days if any of the following events occur:
(i)
the person becomes a member of another pistol shooting club:
(ii)
the person’s membership application to another pistol shooting club is declined:
(iii)
the person ceases to be a member of any pistol shooting club for any reason (for example, the person resigns, has their membership terminated by the club, or has not renewed their club membership within 28 days after the end of the membership year).
22 Regulation 27 amended (Identification numbers)
In regulation 27(3), delete “or (1C)”
.
23 New cross-heading above regulation 28 inserted
After regulation 27, insert:
Security precautions
24 Regulation 28 amended (Security precautions in relation to pistols, prohibited firearms, prohibited magazines, and restricted weapons)
(1)
In regulation 28(1), replace “permit under section 18 of the Act or a firearms licence endorsed under section 30 or section 30B of the Act shall”
with “firearms licence endorsed under section 30 or 30B of the Act and a permit issued under section 18, 35, or 35A of the Act must”
.
(2)
Revoke regulation 28(3).
(3)
In regulation 28(4), replace “any of the provisions of subclauses (1) to (3)”
with “subclauses (1) and (2)”
.
25 Cross-heading above regulation 28A repositioned
Reposition the cross-heading above regulation 28A to after regulation 28ZD.
26 Regulation 28A amended (Applications, etc, in electronic form must comply with other prescribed requirements)
Renumber regulation 28A as regulation 28ZE and reposition it in its appropriate alphanumerical order.
27 Regulation 28B amended (Commissioner may prescribe, approve, and require use of forms, etc)
Renumber regulation 28B as regulation 28ZF and reposition it in its appropriate alphanumerical order.
28 Regulation 28C amended (Commissioner may direct who may issue licences, etc, and grant endorsements)
Renumber regulation 28C as regulation 28ZG and reposition it in its appropriate alphanumerical order.
29 New cross-heading above regulation 28D inserted
Before regulation 28D, insert:
Conditions on licences, endorsements, and permits
30 New Part 7 heading inserted
Before the cross-heading above regulation 28H, insert:
Part 7 Compensation
31 Regulation 28Y and cross-heading revoked
Revoke regulation 28Y and the cross-heading above regulation 28Y.
32 New Part 8 heading inserted
After regulation 28ZA, insert:
Part 8 Miscellaneous matters
33 Cross-heading above regulation 29 replaced
Replace the cross-heading above regulation 29 with:
Other miscellaneous matters
34 Regulation 33 replaced (Fees)
Replace regulation 33 with:
33 Fees for applications and matters relating to licences
(1)
The fees specified in column A of Schedule 1 are payable, in respect of the licence applications and matters set out in that schedule, in respect of the period beginning on 1 February 1999 and ending with the close of 31 July 1999.
(2)
The fees specified in column B of Schedule 1 are payable, in respect of the licence applications and matters set out in that schedule, on and after 1 August 1999.
(3)
All fees must be prepaid.
35 New regulation 33A inserted (Fees relating to shooting clubs and shooting ranges)
After regulation 33, insert:
33A Fees relating to shooting clubs and shooting ranges
(1)
The fees in Schedule 1A are payable in respect of the applications and matters set out in that schedule.
(2)
The fees must be prepaid.
36 Schedule 1 amended
Replace the Schedule 1 heading with:
Schedule 1 Fees for licence applications and matters
r 33
37 New Schedule 1A inserted
After Schedule 1, insert the Schedule 1A set out in the Schedule of these regulations.
Schedule New Schedule 1A inserted
Schedule 1A Fees relating to shooting clubs and shooting ranges
r 33A
| Applications | Fees ($) | ||
|---|---|---|---|
| Shooting clubs | |||
| 1 | Application for certificate of approval |
140 | |
| 2 | Compliance activities in relation to shooting club on whose behalf firearms or ammunition (or both) are sold |
40 per year | |
| 3 | Compliance activities in relation to shooting club on whose behalf firearms or ammunition (or both) are not sold |
30 per year | |
| Shooting ranges | |||
| 4 | Application for certification of— |
||
(a)a single shooting range (excluding clay target): |
400 | ||
(b)multiple shooting ranges on the same site operated by the same range operator: |
400, plus an additional fee of $45 for each additional range, up to a maximum total fee of 625 | ||
(c)a clay target shooting range (skeet, trap, sporting): |
400 | ||
(d)a one-time-use shooting range |
250 | ||
| 5 | Application for renewal of certification of the following if significant change to circumstances of shooting range in previous 5 years: | ||
(a)a single shooting range (excluding clay target): |
400 | ||
(b)multiple shooting ranges on the same site operated by the same range operator: |
400, plus an additional fee of $45 for each additional range, up to a maximum total fee of 625 | ||
(c)a clay target shooting range (skeet, trap, sporting): |
400 | ||
(d)a one-time-use shooting range |
250 | ||
| 6 | Application for renewal of certification if no significant change to circumstances of shooting range in previous 5 years |
200 | |
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 15 December 2022, amend the Arms Regulations 1992 (the principal regulations).
Part 1 of these regulations inserts new Parts 5 and 6 into the principal regulations.
New Part 5 relates to shooting clubs and specifies—
how an application for a certificate of approval may be made in respect of a shooting club, the details required to be stated in an application, and the information and documents required to support an application; and
the conditions that a certificate of approval is subject to; and
the information required to be included in a shooting club’s annual report.
New Part 6 relates to shooting ranges and specifies—
how an application for the certification of a shooting range may be made, the details required to be stated in an application, and the information and documents required to support an application; and
the circumstances in which an application may be made for the renewal of a certification, how a renewal application may be made, the details required to be stated in a renewal application, and the information and documents required to support a renewal application; and
the conditions that a certification is subject to.
Part 2 of these regulations makes amendments of a minor or technical nature. Some of the amendments insert Part headings and cross-headings into the principal regulations to make them easier to navigate.
Regulatory impact statement
The New Zealand Police produced a regulatory impact statement on 17 July 2022 to help inform the decisions taken by the Government relating to the proposals on cost recovery.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 17 November 2022.
These regulations are administered by the New Zealand Police.
Versions
Arms Amendment Regulations 2022
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