Arms Legislation Bill

53 New Parts 6 and 7 inserted

After section 38, insert:

Part 6 Shooting clubs and shooting ranges

38A Interpretation

In this Part,—

application for approval means an application made under section 38C to have a shooting club approved

application for certification means an application made under section 38K to have a shooting range certified

certified shooting range means a shooting range certified under section 38O

shooting activities

(a)

means activities that are carried out using a firearm or an airgun for the purpose of shooting at inanimate targets (whether fixed or moving); but

(b)

excludes—

(i)

paintball shooting; and

(ii)

airsoft shooting

shooting club means a voluntary association of people who—

(a)

act in accordance with a set of written rules; and

(b)

participate in, or intend to participate in, shooting activities on a regular basis

shooting range

(a)

means a facility (whether indoor or outdoor), or a designated area of land, used by a shooting club or members of the public for the primary purpose of carrying out shooting activities; and

(b)

includes any defence area (as that term is defined in section 2(1) of the Defence Act 1990) used by a shooting club.

Shooting clubs

38B Shooting club must have certificate of approval

(1)

A shooting club that uses a shooting range for its shooting activities must hold a certificate of approval issued by the Commissioner.

(2)

A person who establishes or continues to operate a shooting club without the club holding a certificate of approval commits an offence and is liable on conviction to a fine not exceeding $10,000.

(2)

A pistol club that applies for a certificate of approval must be registered under the Incorporated Societies Act 1908.

(3)

A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, establishes or continues to operate a shooting club without the club holding a certificate of approval.

38BA Shooting club must be incorporated society if ammunition or firearms sold on its behalf

(1)

This section applies if ammunition or firearms are sold on behalf of a shooting club.

(2)

A shooting club to which this section applies may not hold a certificate of approval under section 38F unless it is registered under the Incorporated Societies Act 1908.

38C Application to have shooting club approved

(1)

An application for a certificate of approval of a shooting club must be made,—

(a)

if the shooting club is a body corporate, by a person who is authorised to make the application; or

(b)

if the shooting club is not a body corporate, by the club’s representative who is authorised by the club to make the application.

(2)

An application for approval must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—

(a)

be in a form approved by the Commissioner; and

(b)

be supported by any information and documents that are prescribed; and

(c)

be accompanied by the prescribed application fee (if any).

38D Commissioner may make inquiries and request further information

On receipt of an application for approval made under section 38C, the Commissioner—

(a)

may make whatever inquiries the Commissioner considers necessary to determine whether the application should be granted; and

(b)

may request the applicant to provide any further information or documents that the Commissioner considers necessary to determine whether the application should be granted.

38E Decision on application for certificate of approval

The Commissioner may grant an application for approval made under section 38C if the Commissioner is satisfied that the shooting club—

(a)

will be using a certified shooting range for its shooting activities; and

(b)

has rules relating to the safe operation of firearms and promotes the safe possession and use of firearms; and

(c)

is appropriately administered; and

(d)

is able to safely manage its shooting activities.; and

(e)

has proper storage for any firearm or ammunition held at any of the club’s premises or at a shooting range used by the club.

38F Issue of certificate of approval

(1)

If the Commissioner grants an application for approval, the Commissioner must issue to the shooting club a certificate of approval.

(2)

A certificate of approval may be granted subject to any conditions that the Commissioner considers appropriate.

38G Duration of certificate of approval

A certificate of approval granted to a shooting club continues until—

(a)

surrendered by the shooting club; or

(b)

cancelled by the Commissioner.

38H Cancellation of certificate of approval

(1)

The Commissioner must cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—

(a)

the shooting club is not using a certified shooting range for its shooting activities; or

(b)

the shooting club is no longer carrying on its operations; or

(c)

the shooting club no longer meets the requirements in section 38BA or 38E.

(2)

The Commissioner may cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—

(a)

the shooting club has failed to comply with any conditions to which its certificate of approval is subject; or

(b)

the shooting club has failed to report any serious firearms-related safety incident; or

(c)

any activity of the shooting club has raised any reasonable concern about the safety of its members or the public.

38I Renewal of certificate of approval

(1)

A certificate of approval may be renewed on 1 or more occasions.

(2)

Sections 38C to 38H apply to an application for renewal of a certificate of approval as if the application were an application for a certificate of approval.

(3)

A renewed certificate of approval is to be treated for all purposes as a new certificate issued under section 38F.

38I Club may have to reapply for certificate of approval

(1)

The Commissioner may require a shooting club to reapply for a certificate of approval if

(a)

the club has amalgamated with another shooting club that has a different discipline; or

(b)

the club is an incorporated society that has ceased to be registered under the Incorporated Societies Act 1908 for at least 2 years.

(2)

Sections 38C to 38H apply to an application as if the application were an application for a certificate of approval.

38J Annual reports

(1)

A shooting club must, not later than 35 months after the end of its financial year, provide to the Commissioner an annual report on its operation.

(2)

The annual report must include the particulars prescribed in regulations made under this Act.

Shooting ranges

38K Shooting ranges must be certified

(1)

A person may not operate a shooting range unless the shooting range is a certified shooting range.

(2)

A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1).

38L Application to have shooting range certified

(1)

An application for certification of a shooting range may be made,—

(a)

if the person who is proposing to operate the range is an individual, by that individual; or

(b)

if the person who is proposing to operate the range is a body corporate, by a person who is authorised to make the application; or

(c)

if the person who is proposing to operate the range is not an individual or a body corporate, by the person’s representative who is authorised by the person to make the application.

(2)

An application for certification must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—

(a)

be in a form approved by the Commissioner; and

(b)

be supported by any information and documents that are prescribed; and

(c)

be accompanied by the prescribed application fee (if any).

38M Commissioner may make inquiries and request further information

On receipt of an application for certification made under section 38L, the Commissioner—

(a)

may make whatever inquiries the Commissioner considers necessary to determine whether the application should be granted; and

(b)

may request the applicant to provide any further information or documents that the Commissioner considers necessary to determine whether the application should be granted.

38N Decision on application to have shooting range certified

The Commissioner may grant an application for certification made under section 38L if the Commissioner is satisfied that—

(a)

the shooting range meets all required safety standards published by the Commissioner; and

(b)

all necessary local councilterritorial authority and regional council consents to operate the shooting range have been obtained; and.

(c)

the owner of the shooting range has appropriate public liability insurance.

38O Grant of certification

If the Commissioner grants an application for certification in respect of a shooting range, the Commissioner must issue a certificate to the applicant.

38P Certification granted subject to conditions

(1)

A certificate granted under section 38O is subject to the condition that, at all times while the certified shooting range is in use, a manageran officer is on duty who—

(a)

holds a firearms licence; and

(b)

is appropriately trained in shooting range safety management.

(2)

Certification granted under section 38O may be made subject to any other conditions that the Commissioner considers appropriate, which may include conditions relating to—

(a)

maintenance of the shooting range:

(b)

public access to the shooting range:

(c)

restrictions on the types of firearms and ammunition that may be used at the shooting range:

(d)

competitions that may be conducted at the shooting range.

(3)

A certified shooting range must request the Commissioner to review its range certification if it is intended that the operation of the range will depart from the conditions imposed by or under this section.

38Q Duration of certification

A certificate issued in respect of a shooting range remains in force 5 years after the date it is issued unless the certificate is sooner surrendered or cancelled.

38R Cancellation of certification

The Commissioner may cancel certification in respect of a shooting range if the Commissioner is satisfied that—

(a)

the shooting range is no longer being operated as a shooting range; or

(b)

the shooting range is not being operated with proper regard to individual or public safety; or

(c)

the owner or operator of the shooting range is not complying with any conditions imposed under section 38P; or

(d)

having regard to the matters specified in section 38N, it is no longer appropriate that the shooting range be certified.

38S Renewal of certification

(1)

A certificate granted under section 38O may be renewed on 1 or more occasions.

(2)

Sections 38L to 38R apply to an application for renewal of certification as if the application were an application for certification, unless subsection (4) applies.

(3)

A renewed certificate is to be treated for all purposes as a new certification granted under section 38O.

(4)

If the circumstances of the shooting range have not changed significantly for 5 years, the applicant may initiate the renewal of the certification by using a form approved by the Commissioner instead of applying under section 38L.

Compliance

38T Inspections of shooting clubs and shooting ranges

(1)

For the purpose of ensuring that a shooting club or shooting range is operated in accordance with this Act, a person who is a member of the Police and authorised in writing by the Commissioner may—

(a)

enter and inspect the shooting club or shooting range:

(a)

enter and inspect

(i)

any venue of the shooting club that is part of a shooting range; or

(ii)

the shooting range or any designated area used for the primary purpose of shooting activities that is used by a shooting club or members of the public:

(b)

inspect, print, copy, or remove any documents that the person believes on reasonable grounds to be those of the shooting club or shooting range.

(1A)

A member of the Police must give at least 7 days’ notice of their intention to enter and inspect a venue of a shooting club or a shooting range.

(2)

The provisions of Part 4 of the Search and Surveillance Act 2012 (apart from subpart 3) apply.

Compare: 1989 No 80 s 319; 2002 No 40 s 39

38U Improvement notices

(1)

This section applies if a person carrying out an inspection reasonably believes that a shooting club or shooting range is contravening, or is likely to contravene, a provision of this Act or regulations made under this Act.

(2)

If this section applies, the person may issue an improvement notice to the shooting club or shooting range that requires the shooting club or shooting range, within a reasonable period of time specified in the notice, to

(a)

remedy the contravention; or

(b)

prevent a likely contravention from occurring.

(1)

This section applies if a member of the Police reasonably believes that a shooting club or shooting range

(a)

is failing, is likely to fail, or has failed to comply with any conditions to which a certificate of approval or certification is subject; or

(b)

is contravening, is likely to contravene, or has contravened a provision of this Act or regulations made under this Act.

(2)

If this section applies, the member of the Police may issue an improvement notice to the shooting club or the operator of the shooting range requiring the shooting club or shooting range, within a reasonable period of time specified in the notice, to

(a)

remedy the non-compliance or contravention; or

(b)

prevent a likely non-compliance or contravention from occurring.

Compare: 2015 No 70 s 101

38V Suspension

If the shooting club or shooting range fails to comply with an improvement notice, it must suspend operations on the date and for the period (not exceeding 90 days) specified in the notice.

Part 7 Direct access by certain government agencies to registry

38W Interpretation

In this Part,—

accessing agency means—

(a)

the Department of Conservation; and

(b)

the Ministry of Foreign Affairs and Trade; and

(c)

the New Zealand Customs Service

arms item has the meaning given in section 2(1) and includes, as an additional class of item, ammunition

direct access, in relation to the registry, means to do either or both of the following (whether remotely or otherwise):

(a)

search the registry:

(b)

copy any information stored on the registry

import and export information, in relation to a licence holder, means details relating to—

(a)

any permit to import issued to the licence holder under section 18(2) or (2A):

(b)

any class or classes of arms items exported by the licence holder

licence holder means—

(a)

a person who is the holder of a firearms licence; and

(b)

a person who at any time held a firearms licence

licence information, in relation to a licence holder, means—

(a)

the licence holder’s—

(i)

name; and

(ii)

date of birth; and

(iii)

residential address; and

(b)

the following details about the licence holder’s firearms licence:

(i)

the firearms licence number; and

(ii)

the date of expiry of the firearms licence; and

(iii)

any endorsements on the firearms licence.

38X Relationship between this Part and other law

This Part does not prevent or limit the collection, use, or disclosure of information that—

(a)

is authorised or required by or under any enactment; or

(b)

is permitted under any enactment.

38Y Direct access to licence information

(1)

The Department of Conservation may have direct access to a licence holder’s licence information recorded in the registry.

(2)

The purpose of the direct access is to provide administrative assistance to the Director-General of Conservation in relation to the issue, under section 38 of the Conservation Act 1987, of permits for hunting.

38Z Direct access to import and export information recorded in registry

(1)

The Ministry of Foreign Affairs and Trade and the New Zealand Customs Service may have direct access to a licence holder’s import and export information recorded in the registry.

(2)

The purpose of the direct access is to assist the agencies in performing or exercising their functions, duties, and powers more effectively or efficiently in relation to the movement of lawfully permitted and lawfully possessed arms items.

38ZA Direct access must be in accordance with direct access agreement

All direct access authorised by section 38Y or 38Z must be in accordance with a written direct access agreement entered into between—

(a)

the Minister responsible for the accessing agency; and

(b)

the Minister of Police.

38ZB Matters to which Ministers must have regard before entering into direct access agreement

Before entering into a direct access agreement, the Ministers referred to in section 38ZA must be satisfied—

(a)

that—

(i)

in the case of direct access authorised by section 38Y, the direct access will enable the Director-General of Conservation to more effectively or efficiently issue permits for hunting; or

(ii)

in the case of direct access authorised by section 38Z, the direct access will enable the Ministry of Foreign Affairs and Trade or the New Zealand Customs Service to perform and exercise their functions, duties, and powers more effectively or efficiently; and

(b)

that there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the direct access, use, disclosure, and retention of the information are sufficient; and

(c)

that the agreement includes appropriate procedures for direct access, use, disclosure, and retention of the information.

38ZC Consultation before entering into direct access agreement

(1)

Before entering into a direct access agreement, the Ministers referred to in section 38ZA must consult and invite comment on the proposed agreement from—

(a)

the Privacy Commissioner; and

(b)

the advisory group established under section 88.

(2)

When consulted on a direct access agreement, the Privacy Commissioner must have particular regard to the matters that the Ministers need to be satisfied of before entering into the agreement that are specified in section 38ZB(b) and (c).

(3)

The Ministers must have regard to any comment received from the Privacy Commissioner and the advisory group on the proposed agreement.

38ZD Content of direct access agreements

A direct access agreement must specify—

(a)

the particular information in relation to licence holders that may be accessed:

(b)

the particular purpose or purposes for which the information may be accessed:

(c)

the particular function, duty, or power being, or to be, performed or exercised by the accessing agency for which the information is required:

(d)

the mechanism by which the information is to be accessed:

(e)

the position or designation of the person or persons in the accessing agency who may access the information:

(f)

the records to be kept in relation to each occasion on which the registry is accessed:

(g)

the safeguards that are to be applied for protecting information:

(h)

the requirements relating to storage, retention, and disposal of information obtained from the registry:

(i)

the circumstances (if any) in which the information may be disclosed to another agency, and how that disclosure may be made:

(i)

that the accessing agency may use the information only in accordance with the purposes for which it was accessed:

(j)

the requirements for reviewing the agreement:

(k)

the requirement to regularly audit access to the registry.

38ZE Variation of direct access agreement

Sections 38ZB and 38ZC apply with any necessary modifications in respect of a proposal to enter into an agreement varying a direct access agreement.

38ZF Publication of direct access agreements

(1)

An agreement, and all variations to the agreement, must be published on—

(a)

an Internet site maintained by or on behalf of the accessing agency; and

(b)

an Internet site maintained by or on behalf of the Police.

(2)

However, subsection (1) does not apply to—

(a)

an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982:

(b)

a provision of an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982.

(3)

If, in reliance on subsection (2)(a), an agreement or a variation of an agreement is not published, a summary of the agreement or variation of the agreement must be published on—

(a)

an Internet site maintained by or on behalf of the accessing agency; and

(b)

an Internet site maintained by or on behalf of the Police.