Explanatory note
This Supplementary Order Paper sets out amendments to the Arms Legislation Bill.
The following substantive amendments are made to the Bill:
Commencement
Clause 2 is amended so that the provisions in the Bill relating to the establishment of the registry now come into force 3 years, not 2 years, after the enactment of the Bill.
Definitions
Clause 6, which amends section 2 of the Arms Act 1983 (the principal Act), is amended to—
include definitions for non-prohibited ammunition, non-prohibited firearm, non-prohibited magazine, and non-prohibited part:
clarify the definition of specified ammunition to ensure that the definition captures only ammunition used on pistol shooting ranges approved by the Commissioner of Police (the Commissioner):
reword the definition of theatrical armourer to make it clear that it is the endorsement on a person’s firearms licence or dealer’s licence that enables them to act in the capacity of a theatrical armourer:
capture in the definition of exempt person the persons specified in new section 4A(1A), (1B), and (1C).
Clause 6A, which replaces section 2A of the principal Act, is amended to clarify the definition of specified semi-automatic firearm, in particular to clarify that it includes only firearms that satisfy all 3 of the specified criteria.
Exempt persons
Clause 8 is amended to insert new section 4A(1)(j) into the principal Act to enable persons involved in agricultural, horticultural, or silvicultural businesses to obtain an endorsement on their firearms licence that permits them to possess a prohibited firearm or prohibited magazine for use in controlling pests on their land. To obtain an endorsement, these persons must satisfy the Commissioner that they have a genuine need to use a prohibited firearm or prohibited magazine to control the pests to protect the commercial viability of their business, and also that they cannot effectively control the pests using a non-prohibited firearm or non-prohibited magazine.
Licensed dealers
Clause 10 is amended to,—
in new section 5(1A), expressly provide that a dealer’s licence issued to a senior manager of a body corporate authorises the senior manager to carry on dealer activities on behalf of the body corporate:
in new section 5A(1)(b), require a dealer’s licence to specify the place of business from which the dealer activities will be carried on:
in new section 5B(1), clarify that each place of business from which a dealer activity is being carried on must have appropriate secure storage facilities.
Clause 11 is amended to insert new section 6C into the principal Act to expressly provide that any breach of a condition of a dealer’s licence may result in the issue of an improvement notice (under new section 60) or the temporary suspension of the licence (under new section 60A).
Clause 11A, which replaces section 7 of the principal Act, is amended to provide in new section 7(1B) that a dealer may only be issued with a licence authorising the dealer to operate from more than 1 place of business if, at each of those places of business, there is a manager who has a dealer’s licence. This provision was previously in new section 5(1B).
New clause 12A replaces section 8 and inserts new section 8A. This is to separately provide for the duration and renewal of a dealer’s licence. New clause 12A also inserts new section 8B to provide that a dealer may surrender their licence, and new section 8C to set out the effect of the expiry or surrender of a dealer’s licence.
Clause 13 now replaces section 9 of the principal Act with new sections 9, 9A, and 9B. New section 9 expressly provides that a dealer’s licence is immediately revoked if the holder’s firearms licence is revoked. New section 9A enables a commissioned officer of Police to revoke a dealer’s licence that is temporarily suspended under new section 60A. New section 9B sets out the effect of the revocation of a dealer’s licence, most importantly that the dealer ceases to be licensed to carry on any dealer activity and must immediately surrender their dealer’s licence to a member of the Police.
Clause 14 now replaces section 10(2) of the principal Act to more clearly set out the circumstances in which a licensed dealer may possess a prohibited part for the purposes of carrying on a dealer activity.
Clause 16(2) is deleted as the provision inserted by this subclause is now included in new sections 8C(1)(c) and 9B(1)(c).
Clause 18 now replaces section 14 of the principal Act to more clearly provide for the disposal of items in the possession of a dealer whose licence expires or has been surrendered or revoked.
Clause 19, which replaces section 15 of the principal Act, is amended to expressly provide that if the senior manager holding a dealer’s licence on behalf of a body corporate allows their dealer’s licence to expire, surrenders their dealer’s licence, or has their dealer’s licence revoked, the body corporate may not carry on any dealer activity.
Permits to import firearms, etc
Clause 24, new section 18 is amended to provide that a permit to import non-prohibited firearms, blank-firing guns, parts of non-prohibited firearms or blank-firing guns, and non-prohibited ammunition must be issued if specified criteria are satisfied.
Clause 24A, new section 18AA, is amended to clarify that if a person appoints a dealer as their agent to import a pistol carbine conversion kit, it is the person, not the dealer, who is the applicant for the permit to import. New section 18AAB is similarly amended.
General restrictions
Clause 27, new section 19C, is amended to clarify that the restrictions relating to the possession of pistols and restricted weapons do not apply to employees of licensed dealers acting in that capacity or assisting with the carrying on of a dealer activity.
Clause 31, new section 22A(1), is replaced and now provides that a person may possess a non-prohibited magazine or non-prohibited part if they have a firearms licence or they are under the immediate supervision of the holder of a firearms licence.
Clause 31, new section 22BA(2), is inserted to clarify that the restrictions relating to the possession of pistol carbine conversion kits do not apply to employees of licensed dealers acting in that capacity or assisting with the carrying on of a dealer activity.
Firearms licences
Clause 34 is amended to insert a new section 23(2B) into the principal Act, which provides that the requirement for persons applying for a firearms licence to give the name and contact details of their health practitioner does not apply to applicants who are visitors to New Zealand.
Clause 35 is amended to insert a new section 24(4) into the principal Act, which provides that the requirement to notify a person’s health practitioner that the person has been issued with a firearms licence does not apply if the person is a visitor to New Zealand.
Clause 36, new section 24A, is amended to clarify that the criteria specified in this section for determining whether a person is a fit and proper person to be in possession of a firearm or airgun apply also to licence holders.
Clause 36 is also amended to insert a new section 24D into the principal Act to expressly provide that any breach of a condition of a firearms licence may result in the issue of an improvement notice (under new section 60) or the temporary suspension of the licence (under new section 60A).
Clause 37A, which replaces section 27 of the principal Act, is amended to provide that a person may at any time surrender their firearms licence to a member of the Police.
Clause 40 now replaces section 28 of the principal Act to set out more clearly the effect of the revocation or surrender of a firearms licence.
Shooting clubs and shooting ranges
In clause 53, new section 38R is amended to provide that the Commissioner may cancel a shooting range’s certification if the operator of the range has failed to comply with an improvement notice issued under new section 38U.
Clause 53 is amended to insert new section 38V to provide for the temporary suspension of a shooting club’s operations pending the possible cancellation of the shooting club’s certificate of approval.
Clause 53 is amended to insert new section 38VA to provide for the temporary suspension of a shooting range’s operations pending the possible cancellation of the shooting range’s certification.
Temporary suspension of licences
In clause 75, new section 60A is amended to require a notice of temporary suspension of a licence to also state the licence that it applies to, the date on which the suspension begins, and that a dealer’s licence will be suspended at the same time as a firearms licence.
In clause 75, new section 60B is now split into 2 provisions. New section 60B sets out the effect of the temporary suspension of a firearms licence, and new section 60C sets out the effect of the temporary suspension of a dealer’s licence.
Regulations
Clause 82 is amended to include, in section 74(1) of the principal Act, provision for regulations to be made providing for the duration of licences and endorsements to be extended in the event of a pandemic, an epidemic, or an emergency being declared under the Civil Defence Emergency Management Act 2002.
Clause 82C is amended to consolidate the regulation-making powers in new section 74D and clause 17 of Schedule 1 of the Bill.
Arms Advisory Group
In clause 83, new section 88 is amended to provide that the Arms Advisory Group is established by the Minister of Police rather than the Commissioner. The members are appointed by the Minister of Police and provide advice to the Minister.
Review of operation of principal Act
In clause 83, new section 95 is amended to provide that the Minister of Police must review the operation of the principal Act when all of the provisions of the Bill (except new sections 85 and 87) have been in force for 3 years. New section 95 is also amended to specifically require the following to be reviewed:
the operation of the registry that is required to be kept under new section 92 of the principal Act; and
the offences and penalties in the principal Act; and
the impact of the amendments made to the principal Act by this Bill.
Schedule 2
Schedule 2 of the Bill is amended to include in Part 3 of Schedule 1 of the Criminal Investigations (Bodily Samples) Act 1995 references to additional offences. These additional offences will be “relevant offences” for the purposes of that Act. This means, for example, that the Police may require a person arrested or intended to be charged with one of these offences to give a bodily sample.