Arms Legislation Bill

79 New sections 66A to 66D inserted

After section 66, insert:

66A Loss, theft, or destruction of firearm, etc

(1)

This section applies if—

(a)

a firearm, prohibited magazine, prohibited part, or restricted weapon is lost, stolen, or destroyed; or

(b)

a non-prohibited part or non-prohibited magazine that is required to be recorded in the registry is lost, stolen, or destroyed.

(2)

The owner of the firearm, magazine, part, or restricted weapon must—

(a)

immediately notify a member of the Police of the loss, theft, or destruction; and

(b)

give all information in their possession relating to the loss, theft, or destruction to the member of the Police.

(3)

A notification under subsection (2) must be given in the form or manner approved by the Commissioner.

(4)

Every person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (2).

66B Person in possession of firearm, etc, must give identifying information to Police

(1)

A person in possession of any firearm, airgun, pistol, magazine, part, restricted weapon, arms item or ammunition, must, on demand, give their full name, address, and date of birth to any member of the Police who is in uniform or who produces evidence that they are a member of the Police.

(2)

If any person refuses to give their name, address, or date of birth, or gives false particulars about their name, address, or date of birth, a constable—

(a)

may caution that person; and

(b)

if that person persists in the refusal or fails or continues to refuse to give the correct particulars, may arrest the person without warrant.

(3)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, in response to a demand under subsection (1) or (2),—

(a)

without reasonable excuse, refuses to give their name, address, or date of birth; or

(b)

willingly gives false particulars, without reasonable excuse, about their name, address, or date of birth.

66C Powers of Police to require surrender of airguns or antique firearms

(1)

If any person who is not the holder of a firearms licence or a dealer’s licence is in possession of an airgun or antique firearm, a commissioned officer of Police may, by notice in writing served on that person, require that person to surrender the airgun or antique firearm to a member of the Police, if that officer is of the opinion that that person is not a fit and proper person to be in possession of the airgun or antique firearm.

(2)

If any person is served with a notice under subsection (1), that person must, on demand, deliver the airgun or antique firearm to a member of the Police, and section 28(2) to (4) applies accordingly with all necessary modifications.

(3)

Any person required under this section to surrender an airgun or antique firearm may appeal under section 62 against the requirement, and that section applies accordingly with all necessary modifications.

(4)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, fails to comply with a notice given to them under subsection (1).

66D Obligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc

(1)

If a craft arriving from a foreign country is, at any time, temporarily berthed, moored, or anchored in any harbour or territorial waters of New Zealand, and has on board any arms items that are not being off-loaded, the owner or operator of the craft must—

(a)

include details of all arms items on board the craft—

(i)

in an advance notice of arrival that is required to be provided to the New Zealand Customs Service by section 12 of the Customs and Excise Act 2018; or

(ii)

in an inward report that is required to be provided to the New Zealand Customs Service by section 24 of the Customs and Excise Act 2018; and

(b)

comply with any directions given by the New Zealand Customs Service or a member of the Police relating to the secure storage of those arms items, which may include a direction that the arms items be temporarily surrendered to a member of the Police or a Customs officer.

(2)

If the owner or operator of a craft does not comply with any direction given under subsection (1)(b), a member of the Police or a Customs officer may—

(a)

board the craft; and

(b)

seize and detain the arms items; and

(c)

in effecting the seizure and detention of the arms items, use any reasonably necessary force.

(3)

In this section,—

arms items means any firearms, pistols, restricted airguns, prohibited items, restricted weapons, pistol carbine conversion kits, or ammunition

craft has the meaning given in section 5(1) of the Customs and Excise Act 2018

operator has the meaning given in section 5(1) of the Customs and Excise Act 2018

owner has the meaning given in section 5(1) of the Customs and Excise Act 2018.