Arms Legislation Act 2020

  • Corrections have been made to sections 63, 90, 95, and 104, and Schedule 1 on 7 July 2020, and section 94 on 17 July 2020, under section 25(1)(j)(iii) of the Legislation Act 2012
Coat of Arms of New Zealand

Arms Legislation Act 2020

Public Act
 
2020 No 23
Date of assent
 
24 June 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Long Title repealed
5New Part 1 heading and section 1A inserted
1APurposes of this Act
6Section 2 amended (Interpretation)
7Section 2A replaced (Meaning of prohibited firearm)
2AMeaning of prohibited firearm
8Section 2B amended (Meaning of prohibited magazine)
9Section 3 amended (Act to bind the Crown)
10Section 4A amended (Persons who may apply to import, sell, supply, possess, or use prohibited items)
11Cross-heading above section 5 replaced
12Sections 5 and 6 replaced
5Dealers to be licensed
5AApplication for dealer’s licence
5BIssue of dealer’s licence
5COn-site theatrical armourers to supervise firearms use in certain cases
6Fit and proper person to hold dealer’s licence
13Section 6A amended (Conditions of dealer’s licence)
14New sections 6B and 6C inserted
6BSpecial condition of dealer’s licence relating to manufacture of firearms, etc
6CBreach of conditions to which dealer’s licence is subject
15Section 7 replaced (Place of business)
7Place of business
16Section 7A amended (Gun shows)
17Section 8 replaced (Duration of dealer’s licence)
8Duration of dealer’s licence
8ARenewal of dealer’s licence
8BSurrender of dealer’s licence
8CEffect of expiry or surrender of dealer’s licence
18Section 9 replaced (Revocation of dealer’s licence)
9Revocation of dealer’s licence
9ARevocation of suspended dealer’s licence
9BEffect of revocation of dealer’s licence
19Section 10 amended (Restriction on possession of pistol, prohibited items, or restricted weapon by licensed dealer)
20Section 11 replaced (Dealers and their employees and agents to hold firearms licences)
11Employees of licensed dealer to hold firearms licence bearing appropriate endorsements
21Section 12 amended (Record of dealings by licensed dealers)
22Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons held by licensed dealers)
23Section 14 replaced (Disposal of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons of dealer whose licence is revoked)
14Disposal of items of dealer if licence expires or is surrendered or revoked
24Section 15 replaced (Offence for licensed dealer to carry on business following revocation of his licence)
15Offence to carry on dealer activities following expiry, surrender, or revocation of dealer’s licence
25Cross-heading above section 16 replaced
26Section 16 replaced (Offence to import firearms, etc, without permit)
16Offence to import firearms, etc, without permit
27Section 16A replaced (Offence to import prohibited ammunition)
16AOffence to import prohibited ammunition
28Section 17 repealed (Burden of proof)
29Section 18 replaced (Issue of permit to import)
18Issue of permit to import firearms, etc
30New sections 18AA to 18AAD inserted
18AAIssue of permit to import pistol carbine conversion kits
18AABIssue of permit to import air pistol carbine conversion kits
18AACRevocation and validity of permit to import
18AADPermit to import issued for items to be brought or sent into New Zealand in single consignment or multiple consignments
31Section 18B replaced (Samples)
18BProduction of samples
18CExport of specified items not corresponding with sample or otherwise approved for importation
32Section 19 replaced (Seizure of illegally imported items)
19Seizure of illegally imported items
33New Part 4 heading, cross-heading, and sections 19A to 19C inserted
19ARestriction on possession of prohibited firearms and prohibited magazines
19BRestriction on possession of prohibited parts
19CRestriction on possession of pistols and restricted weapons
34Cross-heading above section 20 repealed
35Section 20 amended (Restrictions on possession of firearms)
36Section 21 amended (Restrictions on possession of airguns)
37New sections 22A to 22G and cross-headings inserted
22ARestriction on possession of non-prohibited magazines and non-prohibited parts
22BRestriction on possession of ammunition
22CRestrictions on possession of pistol carbine conversion kits
22DRestrictions on selling or supplying ammunition
22EAmmunition seller to keep record of ammunition sales
22FVisitors may not take ownership of firearm or restricted weapon
22GRestriction on manufacture of prohibited items
38Cross-heading above section 23 replaced
39New section 22H inserted (Persons disqualified from holding firearms licence)
22HPersons disqualified from holding firearms licence
40Section 23 amended (Application for firearms licence)
41Section 24 replaced (Issue of firearms licence)
24Issue of firearms licence
42New sections 24A to 24D inserted
24AFit and proper person to possess firearm or airgun
24BGeneral conditions of firearms licence
24CSpecial condition of firearms licence relating to sale or supply of ammunition
24DBreach of conditions to which firearms licence is subject
43Section 25 amended (Duration of firearms licence)
44Section 27 replaced (Revocation and surrender of firearms licence)
27Surrender and revocation of firearms licence
45Section 27A repealed (Family violence and firearms licences)
46New sections 27B and 27C inserted
27BRevocation and surrender of licence if holder becomes disqualified
27CRevocation of suspended firearms licence
47Section 28 replaced (Effect of revocation or surrender of firearms licence)
28Effect of revocation or surrender of firearms licence
48New cross-heading after section 28 inserted
49Section 29 amended (Application for endorsements in respect of pistol or restricted weapon)
50Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
51Section 30A replaced (Application for endorsement in respect of prohibited firearm or prohibited magazine)
30AApplication for endorsement in respect of prohibited firearm or prohibited magazine
52Section 30B amended (Power to make endorsement in respect of prohibited firearm or prohibited magazine)
53Section 31 amended (Possession of firearm, pistol, prohibited item, or restricted weapon for stage, film, or television purposes)
54New section 33C inserted (Duration of endorsements)
33CDuration of endorsements
55Section 34 amended (Notification of change of address)
56Section 34B amended (Effect of non-compliance with requirements in relation to photographs or to calling-in of licences)
57Cross-heading above section 35 replaced
58Section 35 amended (Issue of permit to possess pistol or restricted weapon)
59New section 35AAA inserted (Issue of permit to possess pistol carbine conversion kit)
35AAAIssue of permit to possess pistol carbine conversion kit
60Section 35A amended (Issue of permit to possess prohibited firearm or prohibited magazine)
61Section 36 amended (Offence to carry pistol or restricted weapon without authority)
62Section 38 amended (Removal of pistol, prohibited firearm, prohibited magazine, or restricted weapon out of New Zealand)
63New Parts 6 and 7 inserted
38AInterpretation
38BShooting club must have certificate of approval
38CShooting club must be incorporated society if ammunition or firearms sold on its behalf
38DApplication to have shooting club approved
38ECommissioner may make inquiries and request further information
38FDecision on application for certificate of approval
38GIssue of certificate of approval
38HDuration of certificate of approval
38ICancellation of certificate of approval
38JClub may have to reapply for certificate of approval
38KAnnual reports
38LShooting ranges must be certified
38MApplication to have shooting range certified
38NCommissioner may make inquiries and request further information
38ODecision on application to have shooting range certified
38PGrant of certification
38QCertification granted subject to conditions
38RDuration of certification
38SCancellation of certification
38TRenewal of certification
38UInspections of shooting clubs and shooting ranges
38VImprovement notices
38WTemporary suspension of shooting club’s operations pending possible cancellation of certificate of approval
38XTemporary suspension of shooting range’s operations pending possible cancellation of certification
38YInterpretation
38ZRelationship between this Part and other law
38ZADirect access to licence information
38ZBDirect access to import and export information recorded in registry
38ZCDirect access must be in accordance with direct access agreement
38ZDMatters to which Ministers must have regard before entering into direct access agreement
38ZEConsultation before entering into direct access agreement
38ZFContent of direct access agreements
38ZGVariation of direct access agreement
38ZHPublication of direct access agreements
64Sections 39 to 41 and cross-heading repealed
65New section 41A inserted (Marking of firearms)
41AMarking of firearms
66Cross-heading above section 42 replaced
67Section 42 replaced (Offences in respect of licences)
42Offences in respect of licences
68Section 43 replaced (Selling or supplying firearm or airgun to unlicensed person)
43Selling or supplying firearm or airgun to unlicensed person
69Section 43AA replaced (Possessing, selling, or supplying prohibited ammunition)
43AASelling or supplying prohibited ammunition
70Section 43A replaced (Mail order sale of firearm or ammunition)
43AMail order or Internet sale of arms items or ammunition
71Section 43B repealed (Restriction on sale of ammunition)
72Section 44 replaced (Selling or supplying pistol or restricted weapon to person who does not hold permit to possess)
44Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess
44AAUnlawful sale or supply of pistol carbine conversion kit
73Section 44A amended (Offence to sell or supply prohibited firearm or prohibited magazine)
74Section 46 replaced (Carrying of imitation firearm, except for lawful, proper, and sufficient purpose)
46Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
75Section 48 replaced (Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place)
48Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
76New section 50AA inserted (Unlawful possession of pistol carbine conversion kit)
50AAUnlawful possession of pistol carbine conversion kit
77New section 50CA inserted (Unlawful possession of prohibited ammunition)
50CAUnlawful possession of prohibited ammunition
78Section 50D amended (Unlawfully carrying or possessing prohibited firearm in public place)
79Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
80Section 53A amended (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
81Section 54 amended (Use or attempted use of firearm, etc, to resist or prevent arrest or commit offence)
82Section 55B amended (Offence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc)
83New sections 55C to 55I inserted
55COffence of failing to produce firearm other than pistol, restricted weapon, or prohibited firearm on demand or to permit inspection of firearm
55DOffences relating to illegal manufacturing of certain arms items
55EOffences relating to illegal trafficking of firearms, parts, or ammunition
55FOffences relating to falsifying firearm markings
55GOffences relating to removing or altering firearm markings
55HExtraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G
55IAttorney-General’s consent required
84New section 58A inserted (Offences relating to registry)
58AOffences relating to registry
85Section 59 amended (Unsafe firearms or pistols)
86New Part 9 heading inserted
87Section 59A replaced (Surrender by licensed dealer of firearms, etc)
59ASurrender by licensed dealer of firearms, etc
88Section 59B replaced (Voluntary delivery to Police of firearms, etc)
59BVoluntary delivery to Police of firearms, etc
89New sections 60 to 60C inserted
60Improvement notices
60ATemporary suspension of licence pending possible revocation
60BEffect of temporary suspension of firearms licence
60CEffect of temporary suspension of dealer’s licence
90Section 62 replaced (Right of appeal from official decisions)
62Right of review of official decisions
62AHow review to be conducted
62BRight of appeal to District Court
62CFurther provisions relating to appeals
91Section 63 amended (Appeal to District Court Judge in respect of compensation)
92Section 64 amended (Appeal on a question of law)
93Section 65 amended (Restoration of articles seized)
94Cross-heading above section 65I replaced
95New sections 66A to 66D inserted
66ALoss, theft, or destruction of firearm, etc
66BPerson in possession of firearm, etc, must give identifying information to Police
66CPowers of Police to require surrender of airguns or antique firearms
66DObligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc
96Section 69 replaced (Forfeitures)
69Forfeitures
97Section 70 amended (Authorising disposal of firearms, etc, detained by Police)
98Section 72A amended (Service of documents)
99Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)
100Section 74 amended (Regulations)
101Section 74A amended (Order in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition)
102Section 74C amended (Regulations providing for transitional matters)
103New section 74D inserted (Regulations providing for transitional matters relating to Arms Legislation Act 2020)
74DRegulations providing for transitional matters relating to Arms Legislation Act 2020
104New sections 79 to 96 and cross-headings inserted
79Purpose of sections 80 to 86
80Activities that may be subject to cost recovery
81Criteria for cost recovery
82Consultation
83Methods of cost recovery
84Payment of fee or charge
85Exemptions, waivers, and refunds
86Regulations relating to cost recovery
87Guidance notices
88Arms Advisory Group
89Operations of advisory group
90Provisions relating to appointment of members of advisory group
91Removal of members of advisory group
92Health practitioners may give Police medical reports of persons unfit to use firearm
93Commissioner to keep registry
94Content of registry
95Obligation to provide information to registry
96Review of this Act
105New Part 2 of Schedule 1 inserted
106Amendments to Extradition Act 1999
107Amendment to Intelligence and Security Act 2017
108Amendment to Mutual Assistance in Criminal Matters Act 1992
109Consequential amendments to other enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: