Arms (Prohibited Firearms, Magazines, and Parts) Amendment Regulations 2019
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2019/136
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Regulations 2019
Patsy Reddy, Governor-General
Order in Council
At Wellington this 19th day of June 2019
Present:
The Hon Grant Robertson presiding in Council
These regulations are made under—
(a)
section 74 of the Arms Act 1983 on the advice and with the consent of the Executive Council; and
(b)
section 74C of the Arms Act 1983—
(i)
on the advice and with the consent of the Executive Council; and
(ii)
on the recommendation of the Minister of Police made in accordance with section 74C(2) of that Act; and
(c)
clause 7 of Schedule 1 of the Arms Act 1983—
(i)
on the advice and with the consent of the Executive Council; and
(ii)
on the recommendation of the Minister of Police.
Contents
Regulations
1 Title
These regulations are the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Regulations 2019.
2 Commencement
(1)
Regulation 18 comes into force,—
(a)
to the extent that it inserts new regulations 28H, 28I, 28M, 28N, and 28O in the principal regulations, on 20 June 2019; and
(b)
to the extent that it inserts other new regulations in the principal regulations, on 21 June 2019.
(2)
The rest of these regulations come into force on 21 June 2019.
3 Principal regulations
These regulations amend the Arms Regulations 1992 (the principal regulations).
4 Regulation 7 amended (Records kept by licensed dealers)
Replace regulation 7(2)(c) and (d) with:
(c)
the name and address of the person from whom the item is received, unless the item is a pistol, prohibited item, or restricted weapon and the item is immediately surrendered by the licensed dealer to a member of the Police; and
(d)
the number of the firearms licence of the person from whom the item is received, unless—
(i)
the item is a pistol, prohibited item, or restricted weapon and the item is immediately surrendered by the licensed dealer to a member of the Police; or
(ii)
the item is a restricted airgun received from a person of or over the age of 18 years.
5 Regulation 10 amended (Applications for permits to import firearms, pistols, prohibited items, starting pistols, restricted airguns, restricted weapons, or parts)
In regulation 10(1), replace “part of a firearm (other than a prohibited firearm), pistol, starting pistol, restricted airgun,”
with “part of a firearm (other than a prohibited firearm), pistol, starting pistol,”
.
6 Regulation 12 amended (Identification numbers)
(1)
In regulation 12(1), delete “prohibited magazine,”
in each place.
(2)
In regulation 12(1), replace “, shall stamp, or cause to be stamped,”
with “must stamp or engrave, or cause to be stamped or engraved,”
.
(3)
In regulation 12(1A), replace “stamp or cause to be stamped,”
with “stamp or engrave, or cause to be stamped or engraved,”
.
(4)
In regulation 12(2), after “subclause (1)”
, insert “or (1A)”
.
7 Regulation 23A amended (Manner of applying for permit to possess)
(1)
In regulation 23A(1), after “possess”
, insert “an item that is”
.
(2)
After regulation 23A(1), insert:
(1A)
If the purpose of the application for a permit to possess is to make an endorsement made under section 30(2)(b) or 30B(5)(b) of the Act specific in relation to an item that the applicant is acquiring from another person,—
(a)
regulations 24, 25, 26, and 27(2) and (4) apply to an application that is made in writing in hard copy form:
(b)
regulations 24, 26A, and 27(2) and (4) apply to an application that is made electronically through an Internet site.
(1B)
If the purpose of the application for a permit to possess is to make an endorsement made under section 30(2)(b) or 30B(5)(b) of the Act specific in relation to an item that the applicant already possesses under a different endorsement or in reliance on clause 5 of Schedule 1 of the Act,—
(a)
regulations 24, 25, 26B, and 27(3) and (4) apply to an application that is made in writing in hard copy form:
(b)
regulations 24, 26C, and 27(3) and (4) apply to an application that is made electronically through an Internet site.
(1C)
If the purpose of the application for a permit to possess is to make an endorsement made under section 30B(5)(b) of the Act specific in relation to a prohibited firearm or prohibited magazine that the applicant possessed before 12 April 2019 and that is surrendered to a member of the Police before the end of the amnesty period (as defined in clause 1 of Schedule 1 of the Act),—
(a)
regulations 24, 25, 26B, and 27(3) and (4) apply to an application made in writing in hard copy form:
(b)
regulations 24, 26C, and 27(3) and (4) apply to an application made electronically through an Internet site.
(3)
In regulation 23A(2), replace “subclause (1)”
with “subclause (1A)(b)”
.
(4)
In regulation 23A(2)(a)(i), delete “(d) to (g)”
.
8 Regulation 24 amended (Application for permit to possess pistol, prohibited firearm, prohibited magazine, or restricted weapon)
(1)
After regulation 24(1)(g), insert:
(h)
the capacity referred to in section 4A(1) or 29(2) of the Act in respect of which the applicant’s firearms licence bears an endorsement (made under section 30 or 30B of the Act); and
(i)
the capacity referred to in section 4A(1) or 29(2) of the Act in respect of which the applicant applies to possess the pistol, prohibited firearm, prohibited magazine, or restricted weapon.
(2)
After regulation 24(1), insert:
(1A)
In the case of an application for a permit to possess a prohibited firearm or prohibited magazine, the applicant must also provide evidence to satisfy the member of the Police considering the application that it is appropriate for the applicant to possess the prohibited firearm or prohibited magazine in the capacity stated under subclause (1)(i).
(1B)
In the case of an application for a permit to possess a pistol, prohibited firearm, prohibited magazine, or restricted weapon in the circumstances described in regulation 23A(1B) or (1C), the application must also state the serial number or identification number of the pistol, prohibited firearm, prohibited magazine, or restricted weapon (if it has one).
(3)
In regulation 24(2), after “subclause (1)”
, insert “or subclause (1B)”
.
9 Regulation 25 replaced (Place of application)
Replace regulation 25 with:
25 Place of delivery of application in hard copy form
An application for a permit to possess a pistol, prohibited firearm, prohibited magazine, or restricted weapon that is in writing in hard copy form must be delivered to a member of the Police.
10 Regulation 26 amended (Delivery of permit in writing in hard copy form)
(1)
In the heading to regulation 26, after “form”
, insert “where item acquired from another person”
.
(2)
In regulation 26(1)(c), after “permit”
, insert “from another person”
.
(3)
Replace regulation 26(3) with:
(3)
The person obtaining possession of the pistol, prohibited firearm, prohibited magazine, or restricted weapon must immediately—
(a)
return the permit to a member of the Police; and
(b)
produce the pistol, prohibited firearm, prohibited magazine, or restricted weapon to a member of the Police for inspection.
11 Section 26A amended (Delivery of permit through Internet site)
(1)
In the heading to regulation 26A, after “site”
, insert “where item acquired from another person”
.
(2)
In regulation 26A(1), replace “regulation 23(2)”
with “regulation 23A(2)”
.
(3)
In regulation 26A(3)(a), replace “14”
with “7”
.
(4)
In regulation 26A(5)(a), replace “Arms Office”
with “Police station”
.
12 New regulations 26B and 26C inserted
After regulation 26A, insert:
26B Delivery of permit in writing in hard copy form where item already possessed by applicant
(1)
This regulation applies to an applicant who—
(a)
applies in writing in hard copy form for a permit to possess an item that is a pistol, prohibited firearm, prohibited magazine, or restricted weapon and that—
(i)
is already in the applicant’s possession under a different endorsement or in reliance on clause 5 of Schedule 1 of the Act; or
(ii)
was possessed by the applicant before 12 April 2019 but after that date and before the end of the amnesty period (as defined in clause 1 of Schedule 1 of the Act) was surrendered to a member of the Police; and
(b)
is issued with a permit.
(2)
The applicant must immediately,—
(a)
if no serial number or identification number of the item was provided under regulation 24(1B), write on the permit the serial number or identification number of the item and return the permit to a member of the Police; and
(b)
if directed to do so by a member of the Police, present the item to a member of the Police for inspection.
26C Delivery of permit through Internet site where item already possessed by applicant
(1)
This regulation applies to an applicant who—
(a)
applies electronically, through an Internet site, for a permit to possess an item that is a pistol, prohibited firearm, prohibited magazine, or restricted weapon and that—
(i)
is already in the applicant’s possession under a different endorsement or in reliance on clause 5 of Schedule 1 of the Act; or
(ii)
was possessed by the applicant before 12 April 2019 but after that date and before the end of the amnesty period (as defined in clause 1 of Schedule 1 of the Act) was delivered to a member of the Police; and
(b)
is issued with a permit.
(2)
The applicant must,—
(a)
if no serial number or identification number of the item was provided under regulation 24(1B), notify the Police, through the Internet site, of the serial number or identification number of the item, not later than 7 days after the issue of the permit to possess it; and
(b)
present the item to a member of the Police for inspection in the manner described in subclause (3).
(3)
The item must be presented by displaying it to a member of the Police by means of a video telecommunications (or other) system recognised by the Police, in a manner that enables the member of the Police to—
(a)
determine whether it is the same as the item described in the applicant’s application for a permit to possess; and
(b)
verify the serial number or identification number of the item.
(4)
However, if a member of the Police is unable to confirm to their satisfaction that the item that they are inspecting is the same as the item described, or is unable to verify to their satisfaction the serial number or identification number of the item,—
(a)
the member of the Police may require the applicant to present, within 7 days, the item for inspection at a specified Police station; and
(b)
the applicant must comply with that requirement.
13 Regulation 27 replaced (Identification numbers)
Replace regulation 27 with:
27 Identification numbers
(1)
This regulation applies in respect of an item that is a pistol, prohibited firearm, prohibited magazine, or restricted weapon and that—
(a)
is not an antique firearm; and
(b)
does not bear a serial number.
(2)
A person who is handing over possession of the item to a person who holds a permit to possess the item must, before handing over the item,—
(a)
in the case of an item that is a pistol, prohibited firearm, or restricted weapon, stamp or engrave, or cause to be stamped or engraved, in clear view on the frame of the item, a number by which it may be identified:
(b)
in the case of an item that is a prohibited magazine, stamp or engrave, or cause to be stamped or engraved, in clear view on the item, a number by which it may be identified.
(3)
A person who obtains a permit to possess an item in the circumstances set out in regulation 23A(1B) or (1C) must, within 7 days of the issue of the permit,—
(a)
in the case of an item that is a pistol, prohibited firearm, or restricted weapon, stamp or engrave, or cause to be stamped or engraved, in clear view on the frame of the item, a number by which it may be identified:
(b)
in the case of an item that is a prohibited magazine, stamp or engrave, or cause to be stamped or engraved, in clear view on the item, a number by which it may be identified.
(4)
A person commits an offence and is liable on conviction to a fine not exceeding $400 who contravenes subclause (2) or (3).
14 Regulation 28 amended (Security precautions in relation to pistols, prohibited firearms, prohibited magazines, and restricted weapons)
In regulation 28(4), after “pistol”
, insert “, prohibited firearm, prohibited magazine,”
.
15 New regulation 28AAA inserted (Secure storage of vital parts removed from prohibited firearms)
After regulation 28, insert:
28AAA Secure storage of vital parts removed from prohibited firearms
(1)
This regulation applies in respect of a vital part of a prohibited firearm that,—
(a)
in accordance with section 33A(1)(c)(ii)(A) of the Act, is removed by the holder of a firearms licence who is an exempt person described in section 4A(1)(b), (c), (d), or (e) of the Act (the exempt person); and
(b)
in accordance with section 33A(1)(c)(iii) of the Act, must be kept at a separate address from the prohibited firearm.
(2)
To ensure the secure storage of the vital part, a member of the Police may approve a commercial storage facility as a separate address at which the vital part must be kept.
(3)
If a member of the Police approves a commercial storage facility as a separate address, the member of the Police must advise the exempt person that the exempt person is liable to meet any costs incurred or arising as a result of the storage of the vital part in that facility.
(4)
The Commissioner may require that the endorsement on the exempt person’s firearms licence be subject to the condition that the person access the vital part kept at a separate address only with the prior written permission of a member of the Police for the purpose and period specified in that permission.
16 Cross-heading above regulation 28E amended
In the cross-heading above regulation 28E, replace “amendment Act”
with “Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019”
.
17 Regulation 28E amended (Definitions for transitional regulation)
(1)
In the heading to regulation 28E, replace “transitional regulation”
with “regulations 28F and 28G”
.
(2)
In regulation 28E, replace “regulation 28F”
with “regulations 28F and 28G”
.
(3)
In regulation 28E, insert in its appropriate alphabetical order:
amnesty period has the meaning given to it in clause 1 of Schedule 1 of the Act
18 New regulations 28G to 28Z and cross-headings inserted
After regulation 28F, insert:
28G Conditions of temporary amnesty for persons possessing prohibited items before commencement
(1)
Clause 5(2) of Schedule 1 of the Act is subject to the following conditions:
(a)
the person in possession of the prohibited item must not use the prohibited item during the amnesty period; and
(b)
the person must at all times during the amnesty period keep the prohibited item in secure storage on their premises.
(2)
Subclause (1)(b) does not apply if the person is transporting the prohibited item for the purpose of—
(a)
delivering the prohibited item from secure storage to—
(i)
a member of the Police; or
(ii)
an approved licensed dealer for—
(A)
surrender to a member of the Police; or
(B)
an assessment of the prohibited item’s capability of being modified to a non-prohibited item in accordance with regulation 28U; or
(iii)
an approved gunsmith for—
(A)
an assessment of the prohibited item’s capability of being modified to a non-prohibited item in accordance with regulation 28U; or
(B)
modification in accordance with regulation 28U; or
(iv)
a valuer for valuation; or
(b)
retrieving the prohibited item from—
(i)
an approved licensed dealer after an assessment of the kind referred to in paragraph (a)(ii)(B); or
(ii)
an approved gunsmith after an assessment of the kind referred to in paragraph (a)(iii)(A); or
(iii)
a valuer after a valuation; or
(c)
exporting the prohibited item with a permit from the Ministry of Foreign Affairs and Trade.
(3)
In this regulation, approved licensed dealer and approved gunsmith have the meanings given to them in regulation 28H.
Compensation for prohibited items
28H Interpretation
In regulations 28I to 28W, unless the context otherwise requires,—
amnesty period has the meaning given to it in clause 1 of Schedule 1 of the Act
approved gunsmith means a gunsmith who is approved by the Commissioner and whose name is published on a list of approved gunsmiths available online at http://www.police.govt.nz
approved licensed dealer means a licensed dealer who is approved by the Commissioner and whose name is published on a list of approved licensed dealers available online at http://www.police.govt.nz
compensation schedule means a compensation schedule issued by the Commissioner under regulation 28M
prohibited item means all or any of the following:
(a)
a prohibited firearm:
(b)
a prohibited magazine:
(c)
a prohibited part
prohibited part has the meaning given to it in section 2C of the Act, but for the purposes of regulations 28I to 28W does not include a part of a prohibited firearm that may be used on a firearm other than a prohibited firearm.
28I Limits on compensation
The amount of compensation payable in respect of a prohibited item under these regulations that is set out in a compensation schedule, or determined by the Commissioner under regulation 28P or 28S, does not in any case include compensation for any of the following:
(a)
any economic loss; or
(b)
any consequential loss; or
(c)
any loss for business interruption; or
(d)
any loss attributable to intrinsic or sentimental value.
Compensation scheme for delivery of prohibited items to Police during amnesty period
28J Prohibited items delivered to approved licensed dealer to be surrendered to Police
(1)
A person may, during the amnesty period, deliver a prohibited item to an approved licensed dealer for surrender to a member of the Police.
(2)
If a person who delivers a prohibited item to an approved licensed dealer advises the dealer that an application for compensation is intended to be made in respect of the item, the dealer must—
(a)
record, in the manner directed by the Commissioner,—
(i)
the name of the dealer or employee of the dealer to whom the item was delivered; and
(ii)
the date the item was delivered; and
(iii)
the name and contact details of the person who delivered the item; and
(iv)
the name and contact details of the owner of the item, if the person who delivered the item was not the owner of the item; and
(v)
the number of the owner’s firearm licence, if a licence is required in respect of the item; and
(vi)
the particulars of the item (including, in the case of a firearm, the firearm’s serial number, calibre, make, and model); and
(vii)
the bank account details of the owner of the item; and
(viii)
any other information, including photographs, that the Commissioner may require to be recorded for the purposes of determining an application for compensation; and
(b)
be satisfied as to the identity of the person who delivered the item and record the evidence relied on to establish the person’s identity.
(3)
If a person who delivers a prohibited item to an approved licensed dealer advises the dealer that an application for compensation is not intended to be made in respect of the item, the dealer must record, in the manner directed by the Commissioner,—
(a)
the date the item was delivered; and
(b)
the particulars of the item (including, in the case of a firearm, the firearm’s serial number, calibre, make, and model).
(4)
Subclauses (2) and (3) override regulation 7(2).
(5)
Sections 50A to 50C of the Act (unlawful possession of prohibited firearm, prohibited magazine, and prohibited part) do not apply to an approved licensed dealer, or an employee of an approved licensed dealer, to whom a prohibited item is delivered under this regulation if the licensed dealer—
(a)
notifies a member of the Police that the licensed dealer or employee has taken delivery of the item as soon as is reasonably practicable after taking delivery of the item; and
(b)
complies with any direction from a member of the Police relating to—
(i)
the surrender of the item to a member of the Police; and
(ii)
the disclosure of the records made under subclauses (2) and (3); and
(iii)
the disclosure of any other information that the member of the Police may require relating to the delivery of the item.
28K Administration fee payable to approved licensed dealer
The Police must pay to an approved licensed dealer $50 (excluding goods and services tax) in respect of each person who—
(a)
delivers 1 or more prohibited items to the dealer (irrespective of the number of deliveries made by the person to the dealer and the total number of prohibited items delivered by the person to the dealer); and
(b)
is paid compensation, under regulation 28L or 28P, in respect of any item.
28L Compensation for prohibited item delivered or surrendered to Police or forfeited to Crown
(1)
This regulation applies to a person who,—
(a)
before 3 pm on 21 March 2019, lawfully possessed a firearm that—
(i)
was declared by the Arms (Military Style Semi-automatic Firearms) Order 2019 to be a military style semi-automatic firearm; and
(ii)
became a prohibited item under the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019:
(b)
before 12 April 2019, lawfully possessed an item that became a prohibited item under the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019.
(2)
A person referred to in subclause (1) may apply for compensation from the Crown in respect of the prohibited item that they lawfully possessed as referred to in that subclause if, at any time during the amnesty period,—
(a)
the item is delivered—
(i)
to a member of the Police; or
(ii)
to an approved licensed dealer for surrender to a member of the Police; and
(b)
the person, during the amnesty period, does not apply for and obtain—
(i)
an endorsement made under section 30B of the Act permitting the person to possess a prohibited firearm or prohibited magazine in their capacity as an exempt person; and
(ii)
a permit issued under section 35A of the Act to possess the prohibited firearm or prohibited magazine.
(3)
This regulation also applies to a person who, before 12 April 2019, arranged to lawfully import a firearm, magazine, or part that, on 12 April 2019, became a prohibited item.
(4)
A person referred to in subclause (3) may apply for compensation from the Crown in respect of the prohibited item if—
(a)
the item is being, or has been, treated as prohibited goods under section 98 of the Customs and Excise Act 2018:
(b)
the item is, or has been, delivered to a member of the Police in accordance with an authorisation given by the chief executive of the New Zealand Customs Service under section 85(1)(b) of the Customs and Excise Act 2018:
(c)
the item is forfeited to the Crown under section 176(1)(a) of the Customs and Excise Act 2018:
(d)
the person, during the amnesty period, does not apply for and obtain—
(i)
an endorsement made under section 30B of the Act permitting the person to possess a prohibited firearm or prohibited magazine in the capacity as an exempt person; and
(ii)
a permit issued under section 35A of the Act to possess the prohibited firearm or prohibited magazine.
(5)
An application for compensation under this regulation must be made before the end of the amnesty period by the person referred to in subclause (1) or (3) submitting to the Commissioner a completed application form.
(6)
The amount of compensation payable in respect of a prohibited item that is delivered or surrendered to a member of the Police is—
(a)
the amount in respect of the prohibited item that is set out in a compensation schedule issued by the Commissioner; or
(b)
the amount for the prohibited item that is determined by the Commissioner under regulation 28P.
(7)
The Commissioner must make arrangements for the compensation for a prohibited item to be paid to the bank account nominated by the owner of the item.
28M Compensation schedules to be issued by Commissioner
(1)
The Commissioner must, as soon as is reasonably practicable, issue 1 or more compensation schedules setting out the amounts of compensation payable in respect of prohibited items delivered or surrendered to a member of the Police, or forfeited to the Crown.
(2)
The Commissioner may, at any time during the amnesty period, do any of the following:
(a)
amend a schedule by inserting, deleting, or replacing any item in a schedule:
(b)
issue a replacement schedule:
(c)
issue 1 or more supplementary schedules setting out the amounts of compensation payable in respect of prohibited items not included in any previously issued schedule.
(3)
The Commissioner must ensure that every compensation schedule issued, and every amendment to a schedule, is—
(a)
notified in the Gazette; and
(b)
available online at http://www.police.govt.nz
28N Information required to be set out in compensation schedules
A compensation schedule must set out for each prohibited item (described by brand, type, and model)—
(a)
the base price for the prohibited item, being the price that the Commissioner considers reflects the value of the item immediately before 10 March 2019, having taken into account—
(i)
retailers’ prices, and online prices, for the prohibited item; and
(ii)
advice on the valuation of the prohibited item from industry specialists; and
(iii)
in the case of a prohibited firearm, whether the firearm was, as at 10 March 2019, a current, superseded, or discontinued model; and
(b)
the amount of compensation payable in respect of the prohibited item depending on its condition as determined by a member of the Police and calculated as a percentage of the base price of the item, as follows:
(i)
for a prohibited firearm—
(A)
in new or near-new condition, 95% of the base price:
(B)
in used condition, 70% of the base price:
(C)
in poor condition, 25% of the base price:
(ii)
for a prohibited magazine or part,—
(A)
in new or used condition, 70% of the base price:
(B)
in poor condition, 25% of the base price.
28O Indicators for determining condition of prohibited item to be published
The Commissioner must publish online at http://www.police.govt.nz the indicators used to determine for the purposes of regulation 28N—
(a)
whether the condition of a prohibited firearm is—
(i)
new or near-new:
(ii)
used:
(iii)
poor; and
(b)
whether the condition of a prohibited magazine or prohibited part is—
(i)
new or used:
(ii)
poor.
28P Compensation for unique prohibited item
(1)
A person referred to in regulation 28L(1) or (3) who is seeking compensation in respect of a prohibited item may, at the same time as making an application under regulation 28L(5), apply to the Commissioner in writing to have the amount of compensation for that item determined by the Commissioner and not in accordance with a compensation schedule.
(2)
A person may make an application under subclause (1) only if—
(a)
the prohibited item is not listed in a compensation schedule and it—
(i)
is rare or has other distinguishing characteristics that significantly affect its value; or
(ii)
is otherwise unique, and is substantially different from any other prohibited item listed in a compensation schedule; or
(b)
the prohibited item is listed in a compensation schedule, but the item has been modified in such a manner and to such an extent that the person has reasonable grounds to believe that the value of the item is at least 30% above the base price for that item listed in the schedule.
(3)
An application for compensation in respect of a prohibited item is made by submitting to the Commissioner—
(a)
a completed application form; and
(b)
evidence of the value of the item; and
(c)
if available, evidence of the amount for which the person purchased the item; and
(d)
if the application is made in reliance on subclause (2)(a)(i), evidence of the item’s rarity or other distinguishing characteristics that significantly affect its value and, in respect of any distinguishing characteristics, how those characteristics significantly affect its value; and
(e)
if the application is made in reliance on subclause (2)(a)(ii), an explanation of why the item is considered unique and substantially different from any other prohibited item listed in a compensation schedule; and
(f)
if the application is made in reliance on subclause (2)(b), evidence of the cost of the modifications, and details of the grounds on which the person believes the value of the item is at least 30% above the base price for the item listed in a compensation schedule; and
(g)
an application fee of $120 (excluding goods and services tax).
(4)
After receiving an application, the Commissioner may require the applicant to—
(a)
obtain a valuation of the prohibited item from an approved valuer chosen by the applicant; and
(b)
pay the cost of that valuation; and
(c)
submit the prohibited item to a member of the Police for inspection.
(5)
The Commissioner must, as soon as is reasonably practicable after considering an application, all information accompanying that application under subclause (3), any valuation obtained under subclause (4), and any other information or advice that is available to the Commissioner or that the Commissioner has obtained relating to the value of the item (including the value of the item, if any, specified in a compensation schedule),—
(a)
determine the compensation payable in respect of the item; and
(b)
give the applicant written notice of that determination.
(6)
In this regulation, approved valuer means a valuer who is approved by the Commissioner and whose name is included in the list of approved valuers held by the Police.
Compensation payable to licensed dealers for delivery of prohibited items to Police
28Q Licensed dealers required to mitigate losses
(1)
Before applying for compensation under regulation 28R, a licensed dealer must take all reasonable steps in the circumstances to mitigate their losses sustained in respect of prohibited items (for example, cancelling orders before shipment or returning items to suppliers).
(2)
When making an application for compensation under regulation 28R, a licensed dealer must provide evidence of the reasonable steps they have taken under subclause (1).
28R Licensed dealers entitled to claim compensation for prohibited items
(1)
This regulation applies to a licensed dealer who,—
(a)
before 3 pm on 21 March 2019, lawfully purchased or ordered a firearm that—
(i)
was declared by the Arms (Military Style Semi-automatic Firearms) Order 2019 to be a military style semi-automatic firearm; and
(ii)
became a prohibited item under the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019:
(b)
before 12 April 2019, lawfully purchased or ordered an item that became a prohibited item under the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019.
(2)
A licensed dealer referred to in subclause (1) may apply for compensation from the Crown in respect of the prohibited item if, at the date of the dealer’s application,—
(a)
the item is held by the dealer, but is subject to arrangements that have been made for its delivery to a member of the Police:
(b)
the item is subject to the control of the New Zealand Customs Service:
(c)
the item has been forfeited to the Crown under section 176(1)(a) of the Customs and Excise Act 2018:
(d)
the item has been delivered by the New Zealand Customs Service to the Police under section 85(1)(b) of the Customs and Excise Act 2018.
(3)
An application for compensation under this regulation must be made before the end of the amnesty period by submitting to the Commissioner a completed application form.
(4)
Only 1 application for compensation may be submitted by a licensed dealer for all prohibited items for which the dealer seeks compensation unless the Police are satisfied that there are exceptional circumstances preventing the dealer from making only 1 application.
(5)
An application for compensation that is referred to in regulation 28S(1) must be accompanied by documentary evidence (for example, records or receipts held by the dealer) to support all amounts of compensation claimed.
(6)
An application for compensation that is referred to in regulation 28S(2) or (3) must, if possible, be accompanied by documentary evidence (for example, records or receipts held by the dealer) to support all amounts of compensation claimed.
28S Amount of compensation payable
(1)
A licensed dealer who, at the date of their application holds a prohibited item that was purchased new, may apply for compensation in respect of—
(a)
the purchase price of the item; and
(b)
any external costs reasonably incurred that are directly attributable to, or that may be apportioned to, the purchase of the item, including domestic and international freight costs.
(2)
A licensed dealer who at the date of their application holds a prohibited item that was purchased second-hand may apply for compensation in respect of—
(a)
either—
(i)
the purchase price of the item; or
(ii)
the amount payable for an equivalent item specified in a compensation schedule, if the dealer is unable to provide evidence, or sufficient evidence, of the purchase price of the item; and
(b)
any external costs reasonably incurred that are directly attributable to, or that may be apportioned to, the purchase of the item, including domestic and international freight costs.
(3)
A licensed dealer who at the date of their application holds a prohibited item that was received as a trade-in may apply for compensation in respect of—
(a)
the value for which the dealer received the item (the trade-in value); or
(b)
the amount payable for an equivalent item specified in a compensation schedule, if the dealer is unable to provide evidence, or sufficient evidence, of the trade-in value of the item.
(4)
A licensed dealer who has imported a prohibited item that is subject to the control of the New Zealand Customs Service, or that has been delivered by the New Zealand Customs Service to the Police, and that is unable to be returned to the supplier may apply for compensation in respect of—
(a)
the purchase price of the item; and
(b)
any external costs reasonably incurred that are directly attributable to, or that may be apportioned to, the importation of the item, including international freight costs.
(5)
A licensed dealer who has imported a prohibited item that has been forfeited to the Crown may apply for compensation in respect of—
(a)
the purchase price of the item; and
(b)
any external costs reasonably incurred that are directly attributable to, or that may be apportioned to, the importation of the item, including international freight costs.
(6)
The amount of compensation payable to a licensed dealer under this regulation is determined by the Commissioner, but in the case of an application for compensation referred to in subclause (2)(a) or (3)(a) may not exceed the amount of compensation payable in respect of the equivalent item specified in a compensation schedule.
(7)
If the Commissioner is not satisfied that a licensed dealer has taken all reasonable steps to mitigate their losses as required by regulation 28Q, the Commissioner may determine that—
(a)
no compensation is payable to the dealer under this regulation; or
(b)
a reduced amount of compensation is payable to the dealer under this regulation.
28T No other compensation payable
A licensed dealer is not entitled to receive compensation in their capacity as a licensed dealer except as provided in these regulations.
Additional transitional and savings provisions relating to Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
28U Converting prohibited items to non-prohibited items
(1)
This regulation applies to the following firearms:
(a)
a semi-automatic shotgun (not being a pistol) or a pump-action shotgun that—
(i)
has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that shotgun’s chamber size; and
(ii)
is able to be permanently modified so that the magazine or magazines are no longer capable of holding more than 5 cartridges commensurate with the shotgun’s chamber size; and
(b)
a semi-automatic firearm (not being a pistol) that—
(i)
is capable of firing only 0.22 calibre or lower rimfire cartridges; and
(ii)
has a non-detachable tubular magazine that is capable of holding more than 10 cartridges; and
(iii)
is able to be permanently modified so that the magazine is no longer capable of holding more than 10 cartridges; and
(c)
a firearm (not being a prohibited firearm) that has a non-detachable tubular magazine that—
(i)
is a prohibited magazine; and
(ii)
is able to be permanently modified so that the magazine is no longer a prohibited magazine.
(2)
A person who, before 12 April 2019, lawfully possessed a firearm to which this regulation applies may, instead of applying for compensation in respect of the firearm under regulation 28L or 28P, arrange to have the firearm and its non-detachable magazine or magazines safely and permanently modified by an approved gunsmith to convert the firearm and magazine or magazines to non-prohibited items.
(3)
A person may seek payment from the Crown, not exceeding $300 (including goods and services tax) for the cost of the modification to the firearm and its non-detachable magazine or magazines if—
(a)
the person submits to the Commissioner before the end of the amnesty period a completed application form; and
(b)
the person presents to a member of the Police—
(i)
a certificate from an approved gunsmith in a form approved by the Commissioner certifying that the modification has been done in the manner, and to the standard, required by the Commissioner; and
(ii)
evidence of the cost of the modification; and
(iii)
the modified firearm for inspection, if requested by a member of the Police; and
(c)
the member of the Police is satisfied that the modification has permanently converted the firearm and magazine or magazines to a firearm and magazine or magazines that are not prohibited items.
(4)
The amount payable to a person under this regulation is determined by the Commissioner.
(5)
A payment may be made by the Commissioner into the bank account nominated by—
(a)
the person seeking the payment; or
(b)
the approved gunsmith who undertook the modification on behalf of that person.
(6)
A person who receives payment under this regulation, or on whose behalf a payment under this regulation is made, is not entitled to receive any compensation or additional payment from the Crown in respect of the firearm or magazines.
(7)
The Commissioner must publish at http://www.police.govt.nz the required manner and standard of a safe and permanent modification for the purposes of a certificate required under subclause (3)(b)(i).
28V Return of prohibited items to supplier by licensed dealer
(1)
This regulation applies to a licensed dealer—
(a)
who lawfully purchased or ordered a prohibited item before 21 March 2019; and
(b)
who has returned that item to the supplier; and
(c)
who has received a refund for the item of an amount less than the amount that the dealer paid for the item.
(2)
The dealer may apply to the Crown for a payment in respect of—
(a)
the difference between the amount the dealer paid for the item and the amount of the refund received; and
(b)
any external costs reasonably incurred that are directly attributable to, or that may be apportioned to, the purchase of the item, including domestic and international freight costs; and
(c)
any international or domestic freight costs incurred that are directly attributable to, or that may be apportioned to, the return of the prohibited item.
(3)
An application for a payment under this regulation must be made before the end of the amnesty period by the licensed dealer submitting to the Commissioner a completed application form.
(4)
The amount payable to a licensed dealer under this regulation is determined by the Commissioner.
(5)
The Commissioner must make arrangements for a payment to a licensed dealer under this regulation to be paid to the bank account nominated by the dealer.
28W Certain provisions not to apply to approved licensed dealers, valuers, and approved gunsmiths
(1)
The following sections of the Act do not apply to an approved licensed dealer, or an employee of an approved licensed dealer, in respect of a prohibited item that is delivered to the dealer or employee for assessment of the item’s capability for modification under regulation 28U:
(a)
section 50A (unlawful possession of prohibited firearm):
(b)
section 50B (unlawful possession of prohibited magazine):
(c)
section 50C (unlawful possession of prohibited part).
(2)
The following sections of the Act do not apply to a valuer in respect of a prohibited item that is delivered to the valuer for valuation:
(a)
section 44A (offence to sell or supply prohibited firearm or prohibited magazine), to the extent that, after valuing a prohibited firearm or prohibited magazine, the valuer returns the prohibited firearm or prohibited magazine to the person from whom it was received:
(b)
section 44B (offence to supply or sell prohibited part), to the extent that the valuer returns the prohibited part to the person from whom it was received:
(c)
section 50A (unlawful possession of prohibited firearm):
(d)
section 50B (unlawful possession of prohibited magazine):
(e)
section 50C (unlawful possession of prohibited part).
(3)
The following sections of the Act do not apply to an approved gunsmith in respect of a prohibited firearm or prohibited magazine that is delivered to the gunsmith under regulation 28U for modification, or for assessment of its capability for modification under that regulation:
(a)
section 44A (offence to sell or supply prohibited firearm or prohibited magazine), to the extent that, after assessing the prohibited firearm or prohibited magazine, the approved gunsmith returns the prohibited firearm or prohibited magazine to the person from whom it was received:
(b)
section 50A (unlawful possession of prohibited firearm):
(c)
section 50B (unlawful possession of prohibited magazine):
(d)
section 50C (unlawful possession of prohibited part).
(4)
Subclauses (1) to (3) cease to have effect at the end of the amnesty period.
28X Appeal in respect of payments made under regulation 28U or 28V
(1)
In this regulation, payment means a payment made under—
(a)
regulation 28U; or
(b)
regulation 28V.
(2)
Section 63 of the Act (appeal to District Court Judge in respect of compensation) applies in respect of a payment, with the modification that the reference in that section of the Act to compensation must be read as including a payment.
Prohibited ammunition
28Y 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)
Subclauses (1) and (2) apply despite section 43AA(a) of the Act.
(4)
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.
(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.
28Z Temporary amnesty for persons possessing prohibited ammunition
(1)
This regulation applies to a person who, before the commencement of the Arms (Prohibited Ammunition) Order 2019, possessed prohibited ammunition.
(2)
The person does not commit an offence under section 43AA(a) of the Act for the continued possession of the prohibited ammunition if the person—
(a)
notifies a member of the Police that the person is in possession of prohibited ammunition; and
(b)
complies with any direction from a member of the Police relating to the delivery of the ammunition to a member of the Police.
(3)
Subclause (2)—
(a)
ceases to have effect on 30 September 2019; and
(b)
is subject to the following conditions:
(i)
the person in possession of the prohibited ammunition must not use the ammunition; and
(ii)
the person in possession of the prohibited ammunition must at all times keep the ammunition in secure storage on the person’s premises.
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 amend the Arms Regulations 1992 (the principal regulations) to assist with the implementation of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019.
These regulations, except new regulations 28H, 28I, 28M, 28N and 28O (as inserted by regulation 18), come into force on 21 June 2019. New regulations 28H, 28I, 28M, 28N, and 28O, which relate to the issue of compensation schedules and the information that those schedules must contain, come into force on 20 June 2019.
Applications for permits to possess
The principal regulations are amended to provide for the issue of a permit to possess a pistol, prohibited firearm, prohibited magazine, or restricted weapon in any case where the applicant—
has a firearms licence already bearing an endorsement, but a different endorsement from that required for possessing a pistol, prohibited firearm, prohibited magazine, or restricted weapon; or
lawfully possessed the item before 12 April 2019 and during the amnesty period delivered or surrendered the item to a member of the Police; or
lawfully possesses the item after 12 April 2019 in reliance on the temporary amnesty in clause 5 of Schedule 1 of the Arms Act 1983.
General provisions relating to compensation
New regulation 28H is inserted. It is an interpretation provision that defines key terms, including approved licensed dealer, approved gunsmith, and prohibited part.
New regulation 28I provides that no compensation is payable for any economic loss, consequential loss, loss for business interruption, or loss attributable to intrinsic or sentimental value.
Compensation for prohibited items delivered or surrendered to Police or forfeited to Crown
New regulations 28J to 28P establish a scheme for the payment of compensation in respect of prohibited firearms, prohibited magazines, and prohibited parts that during the amnesty period are delivered or otherwise surrendered to the Police, or are forfeited to the Crown. The amnesty period is the period beginning at 3 pm on 21 March 2019 and ending on the close of 20 December 2019 (or any later date prescribed by Order in Council). Compensation is payable to persons (other than an exempt person) who—
before 3 pm on 21 March 2019 lawfully possessed a firearm that at that time was declared a military style semi-automatic firearm and became a prohibited firearm on 12 April 2019:
before 12 April 2019 lawfully possessed an item that on that date became a prohibited firearm, prohibited magazine, or prohibited part that cannot be used on a firearm other than a prohibited firearm:
before 12 April 2019 arranged to lawfully import a firearm, magazine, or part that on that date became a prohibited item, and—
the item is being treated as prohibited goods under section 98 of the Customs and Excise Act 2018:
the item is delivered to the Police by the New Zealand Customs Service:
the item is forfeited to the Crown:
the person does not obtain a permit to possess the item.
New regulation 28J provides for prohibited items to be delivered to an approved licensed dealer for surrender to the Police, and imposes certain recording requirements on a dealer when accepting delivery of such items. Possession of those items by an approved licensed dealer is not unlawful on the condition that the approved licensed dealer notifies a member of the Police as soon as is reasonably practicable of the delivery of the item and the dealer complies with any direction from the member of the Police relating to the surrender of the item and disclosure of the dealer’s records.
New regulation 28K provides that an administration fee of $50 (excluding goods and services tax) is payable to an approved licensed dealer in respect of each person who delivers to the dealer 1 or more prohibited items and who is subsequently paid compensation for any item.
New regulation 28L sets out the eligibility criteria for applying for compensation from the Crown in respect of a prohibited item that is delivered or surrendered to the Police during the amnesty period or forfeited to the Crown. An application must be made before the end of the amnesty period. The amount of compensation payable in respect of a prohibited item is—
the amount set out in respect of that item in a compensation schedule issued by the Commissioner of Police (the Commissioner) under new regulation 28M; or
the amount for the item determined by the Commissioner under new regulation 28P.
New regulation 28M requires the Commissioner to issue, as soon as is reasonably practicable, 1 or more compensation schedules setting out the amounts of compensation payable in respect of prohibited items delivered or surrendered to the Police or forfeited to the Crown. During the amnesty period, the schedules may be amended or replaced by the Commissioner, and the Commissioner may issue supplementary schedules. All schedules and any amendment to a schedule must be notified in the Gazette and available on the Police Internet site.
New regulation 28N prescribes the information required to be set out in a compensation schedule. A schedule must set out for each prohibited item—
a base price, being the price that the Commissioner considers reflects the value of the item immediately before 10 March 2019, after taking into account certain matters; and
the compensation payable in respect of the item according to its condition, as determined by the Police, calculated as a percentage of the base price.
New regulation 28O requires the Commissioner to publish on the Police Internet site the indicators used by the Police to determine the condition of a prohibited item.
New regulation 28P provides a procedure for a person to apply to the Police to have the compensation payable in respect of a prohibited item determined by the Commissioner in any case where the item—
is not listed in a compensation schedule and is rare or has other distinguishing characteristics that significantly affect its value, or is otherwise unique and is substantially different from any prohibited item listed in a compensation schedule; or
is listed in a compensation schedule, but has been modified in such a manner and to such an extent that its value is believed to be at least 30% above the base price for that item in the compensation schedule.
An application is made by submitting a completed application form and other specified information to the Commissioner. On receiving an application, the Commissioner may require the applicant to obtain a valuation of the item.
The Commissioner must consider the application and all information available to or obtained by the Commissioner relating to the value of the item and, after determining the compensation payable in respect of the item, notify the applicant of that determination.
Compensation payable to licensed dealers
New regulations 28Q to 28T establish a scheme for the payment of compensation to licensed dealers in respect of prohibited items.
New regulation 28Q requires a licensed dealer to take all reasonable steps to mitigate their losses sustained in respect of prohibited items and to provide evidence of the steps they have taken when applying for compensation.
New regulation 28R establishes a compensation scheme for the payment of compensation to licensed dealers who—
before 3 pm on 21 March 2019 lawfully purchased or ordered a firearm that at that time was declared a military style semi-automatic firearm and became a prohibited firearm on 12 April 2019:
before 12 April 2019 lawfully purchased or ordered an item that on that date became a prohibited firearm, prohibited magazine, or prohibited part that cannot be used on a firearm other than a prohibited firearm.
A licensed dealer may apply for compensation in respect of the item before the end of the amnesty period if, at the date of the dealer’s application, the item is held by the dealer but is subject to arrangements made for its delivery to the Police, is subject to the control of the New Zealand Customs Service, has been forfeited to the Crown, or has been delivered by the New Zealand Customs Service to the Police.
New regulation 28S sets out the amount of compensation that the Commissioner may determine is payable to a licensed dealer in respect of a prohibited item according to whether the item was purchased new, purchased second-hand, or purchased as a trade-in.
New regulation 28T provides that a licensed dealer is entitled to receive compensation in respect of prohibited items only as provided under the principal regulations.
Other payments
New regulation 28U provides that if, before 12 April 2019, a person lawfully possessed a prohibited firearm, or a firearm with a prohibited magazine, that is capable of being modified to convert it to a non-prohibited firearm or a firearm with a non-prohibited magazine, the person may—
arrange for the modification to be undertaken by an approved gunsmith; and
seek payment from the Crown, not exceeding $300 (including goods and services tax), for the cost of the modification to the firearm and its non-detachable magazine or magazines.
If satisfied that the modification has been done in the required manner and to the required standard, and that the firearm and its non-detachable magazine or magazines have been safely and permanently modified, the Commissioner may make a payment for the modification to the applicant or directly to the approved gunsmith who made the modification.
New regulation 28V provides that if a licensed dealer who lawfully purchased or ordered a prohibited item before 21 March 2019 has returned the item to the supplier and received a refund, the dealer may apply to the Crown for a payment in respect of—
the difference between the amount the dealer paid for the item and the amount of refund received; and
any external costs incurred that are directly attributable to, or that may be apportioned to, the purchase of the item, including international and domestic freight costs; and
any international and domestic freight costs incurred that are directly attributable to, or that may be apportioned to, the return of the prohibited item.
Certain provisions not to apply to approved licensed dealers, valuers, and approved gunsmiths
New regulation 28W provides that, until the end of the amnesty period,—
sections 50A to 50C of the Arms Act 1983 do not apply to a licensed dealer in respect of a prohibited item that is delivered to the dealer for assessment of its capability for modification:
sections 44A, 44B, and 50A to 50C of that Act do not apply to valuers in respect of a prohibited item that is delivered to the valuer for valuation:
sections 44A and 50A to 50C of that Act do not apply to an approved gunsmith in respect of a prohibited item that is delivered to the gunsmith for modification, or for assessment as to its capability for modification.
New regulation 28X applies section 63 of the Arms Act 1983 (appeal to District Court Judge in respect of compensation) to payments made under new regulations 28U and 28V.
Prohibited ammunition
New regulations 28Y and 28Z provide for the implementation of the Arms (Prohibited Ammunition) Order 2019. That order comes into force on the same date as these regulations and declares certain ammunition to be prohibited ammunition for the purposes of the Arms Act 1983. New regulation 28Y exempts certain persons from the application of section 43AA(a) of the Arms Act 1983 (inserted by the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019), which prohibits possession of prohibited ammunition. New regulation 28Z provides a temporary amnesty period, to 30 September 2019, for any person in possession of prohibited ammunition. The amnesty is subject to certain specified conditions.
Other amendments
These regulations also—
insert new regulation 28AAA to provide that—
a member of the Police may approve the storage in a commercial storage facility of a vital part of a prohibited firearm removed in accordance with section 33A(1)(c)(ii)(A) of the Arms Act 1983:
the Commissioner may require that the endorsement on an exempt person’s firearms licence be subject to the condition that the vital part be accessed only with the written permission of a member of the Police:
insert new regulation 28G to provide that, although a person who continues to possess a prohibited item during the amnesty period does not commit an offence, the person must not use the prohibited item and must at all times keep it in secure storage (except when transporting the item to a member of the Police, or an approved licensed dealer, or to or from an approved gunsmith, or an approved valuer). New regulation 28G is made under section 74C(1)(b)(iii) of the Arms Act 1983 and is revoked on the close of 31 December 2020 (see section 74C(3) of that Act):
make minor technical amendments to regulations 7, 10, 12, 28, and 28E of the principal regulations.
Date of notification in Gazette: 20 June 2019.
These regulations are administered by the New Zealand Police.
Versions
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Regulations 2019
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