In subclause (5A), arms items does not include any firearm specified or described in or under section 22(1) of the Act that a person may possess without holding a firearms licence.

6 Regulation 36 amended (Interpretation)

Replace regulation 36(1) with:

(1)

In this Part and Schedule 1B,—

arms item—

(a)

means any firearm (including a prohibited firearm), prohibited magazine, major firearm part, restricted weapon, or pistol carbine conversion kit; but

(b)

does not include a specified firearm

specified firearm means any firearm specified or described in or under section 22(1) of the Act that a person may possess without holding a firearms licence.

7 New Schedule 1AA inserted

Insert the Schedule 1AA set out in the Schedule of these regulations as the first schedule to appear after the last regulation in the principal regulations.

8 Schedule 1B amended

In Schedule 1B, Part 3, item 1, replace “Firearm, including a prohibited firearm, but not an antique firearm” with “Firearm (including a prohibited firearm) other than a specified firearm”.

Schedule New Schedule 1AA inserted

r 7

Schedule 1AA Transitional, savings, and related provisions

r 2AA

Part 1 Provisions relating to Arms Amendment Regulations (No 2) 2023

1 Interpretation for this Part

For the purposes of this Part,—

Act means the Arms Act 1983

specified firearm means any firearm specified or described in or under section 22(1) of the Act that a person may possess without holding a firearms licence

specified period means the period—

(a)

beginning on 24 June 2023; and

(b)

ending with the close of 27 July 2023.

2 No proceedings may be brought against certain persons for failing to have identification marking on specified firearms during specified period

(1)

This clause applies to any holder of a firearms licence (a licence holder) who, during the specified period, contravenes regulation 12(5A) by possessing a specified firearm that does not have an identification marking.

(2)

If this clause applies,—

(a)

the licence holder is not required after the commencement of this clause to have an identification marking on the specified firearm; and

(b)

no proceedings may be brought against the licence holder under regulation 12(7) in respect of the contravention.

3 No proceedings may be brought against certain persons for failing to provide information for inclusion in registry during specified period

(1)

This clause applies to any person who, during the specified period, fails to provide the following information to the Police:

(a)

the particulars of a specified firearm in their possession that are required to be provided by any of regulations 40(2), 41, 42, 43, and 44; or

(b)

any information required by regulation 41(2) in the case of an activating circumstance described in regulation 41(1)(c) where the person has responsibility for an event relating only to—

(i)

the transfer, importation, exportation, or manufacture of a specified firearm; or

(ii)

the loss, theft, or destruction of a specified firearm.

(2)

If this clause applies,—

(a)

the person is not required, after the commencement of this clause, to provide the information to the Police; and

(b)

no proceedings may be brought against the person under section 58A of the Act in respect of the failure.

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 amend the Arms Regulations 1992 (the principal regulations) and come into force on 28 July 2023.

Regulation 12 of the principal regulations is amended to provide that subclause (5A), which came into force on 24 June 2023 and requires all arms items possessed by the holder of a firearms licence to have an identification marking, does not apply in respect of a firearm that a person may possess without holding a firearms licence (a specified firearm). Specified firearms include a tranquilliser gun, a stock marking pistol, an underwater spear gun, a flare pistol, and an antique firearm.

Regulation 36 of the principal regulations, which defines arms item for the purpose of Part 9 of the principal regulations (relating to the arms registry), is amended to exclude a specified firearm. Part 3 of Schedule 1B of the principal regulations is similarly amended. That Part, which lists the arms items to be recorded in the registry, is amended to refer to a firearm other than a specified firearm. Both of these amendments ensure that a person who possesses a specified firearm is not required to provide to the Police, for inclusion in the arms registry, information about the specified firearm, or any other information required to be provided as a result of an event involving the specified firearm (for example, the sale, purchase, loss, theft, or destruction of the specified firearm).

New Schedule 1AA is inserted into the principal regulations and sets out 2 transitional provisions.

The first provision provides, in respect of a licence holder who, before the commencement of these regulations, did not comply with the requirement in regulation 12(5A) of the principal regulations to have an identification marking on a specified firearm in their possession,—

that the licence holder is no longer required to comply with that provision; and
that no proceedings may be brought against the licence holder for the non-compliance.

The second provision provides, in respect of a person who, before the commencement of these regulations, failed to give the Police information about a specified firearm, or any other information that is required to be provided as a result of an event relating to a specified firearm,—

that the person is no longer required to give the Police the information; and
that no proceedings may be brought against the person for the failure.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 27 July 2023.

These regulations are administered by the New Zealand Police.

Arms Amendment Regulations (No 2) 2023