Arms Legislation Bill

83 New sections 79 to 95 and cross-headings inserted

After section 78, insert:

Cost recovery

79 Purpose of sections 80 to 86

The purpose of sections 80 to 86 is to enable the Police to recover its costs in respect of certain activities undertaken by the Police under this Act.

Compare: 2008 No 72 s 79A

80 Activities that may be subject to cost recovery

(1)

The Minister of Police may recommend the making of a regulation under section 86 only if satisfied that the fee or charge concerned relates to an activity in respect of any licence, application, or other matter under this Act that is undertaken by the Police in administering this Actundertaken by the Police in accordance with this Act in relation to a person, shooting club, or shooting range.

(2)

The activities for which fees or charges may be imposed under section 86

(a)

include

(i)

the development, provision, or approval of training materials, and testing of applicants, for any licence, endorsement, certificate, or approval; and

(ii)

the assessment of applications for any licence, endorsement, permit, certificate, or approval; and

(iii)

the issue of, administration relating to, and recording of any licence, endorsement, permit, certificate, approval, transaction, or notice; and

(iv)

the monitoring and audit of compliance or non-compliance with the requirements and conditions relating to any licence, endorsement, permit, transaction, certificate, approval, or notice; but

(a)

include

(i)

processing an application for a firearms or dealer’s licence, including assessing whether the applicant is a fit and proper person:

(ii)

providing training and testing services in relation to obtaining a firearms licence:

(iii)

issuing any licence under this Act:

(iv)

processing any application for an endorsement, a permit to possess, or permit to import:

(v)

issuing any endorsement, a permit to possess, or permit to import:

(vi)

undertaking inspections and compliance checks, including checks relating to any licence, endorsement, permit, certification, conditions, or improvement notices:

(vii)

providing testing of samples in relation to firearms, firearm parts, magazines, or ammunition:

(viii)

processing any application for approval or certification of a club or range:

(ix)

approving the manufacture for sale of arms items:

(b)

do not include—

(i)

the response of the Police to calls relating to potential offending; or

(ii)

the conduct of criminal investigations; or

(iii)

the prosecution of criminal offences.

Compare: 2008 No 72 s 79B

81 Criteria for cost recovery

The Minister of Police may recommend that regulations be made under section 86(a) only if the Minister is satisfied that,—

(a)

subject to the provisions of section 86, the fee or charge recovers no more than the actual and reasonable costs (including both direct and indirect costs) of the activity to which the fee or charge relates; and

(b)

the fee or charge for the activity or class of activities to which the fee or charge relates is generally obtained from the users or beneficiaries of the service or class of services to which the activity relates (for example, from firearms licence holders, if the activity is updating the registry) at a level commensurate, as far as practicable, with their use of the service; and

(c)

the costs of the activity to which the fee or charge relates are efficiently incurred; and

(d)

the relationship between the costs of the activity to which the fee or charge relates and the nature and duration of the activity is clear.

Compare: 2008 No 72 s 79C

82 Consultation

(1)

The Minister of Police may recommend that regulations be made under section 86(a) only if the Minister is satisfied that the Commissioner has done everything reasonable on the Commissioner’s part to consult the persons or organisations (or representatives of those organisations) that appear to the Commissioner to be affected or likely to be affected by the fee or charge.

(2)

The process for consultation must, to the extent practicable in the circumstances, include—

(a)

the giving of appropriate notice of the intention to make the regulation and of the contents of the proposed regulation; and

(b)

a reasonable opportunity for interested persons to make submissions; and

(c)

the adequate and appropriate consideration of those submissions.

(3)

A failure to comply with this section does not affect the validity of any regulations made under section 86.

Compare: 2008 No 72 s 79D

83 Methods of cost recovery

(1)

Regulations for the recovery of costs may provide for the following:

(a)

fixed fees or charges:

(b)

fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:

(c)

the recovery by way of a fee or charge of estimated actual and reasonable costs expended in, or associated with, the performance of an activity:

(d)

fees or charges based on costs incurred from charges by third parties:

(e)

any combination of the above.

(2)

Without limiting the way in which a fee or charge may be set, a fee or charge may be set at a level or in a way that—

(a)

is determined by calculations that involve an averaging of costs or potential costs:

(b)

takes into account costs or potential costs of activities that are not services to be provided directly to the person who pays the fee or charge, but are an indirect or potential cost arising from the undertaking of the activity in question in relation to a class of persons or all persons who use the service or class of services to which the activity relates:

(c)

takes into account indirect costs, which include the costs and potential costs of support, maintenance, and development associated with provision of the activity.

Compare: 2008 No 72 s 79E

84 Payment of fee or charge

(1)

A fee or charge prescribed by regulations made under section 86 is payable at the time prescribed in respect of a particular activity, whether that time is before, during, or after completion of the relevant activity.

(2)

All fees and charges prescribed by regulations made under section 86 and received by the Police or any other government agency must be paid into a departmental bank account.

Compare: 2008 No 72 s 79F

85 Exemptions, waivers, and refunds

(1)

Regulations made under section 86 may provide for exemptions from, or waivers or refunds of, any fee or charge prescribed by regulations made under this Act, in whole or in part, in any class of case.

(2)

Regulations made under section 86 may authorise the Commissioner, as the Commissioner thinks fit in the circumstances specified in those regulations, to exempt, waive, or refund the whole or any part of a fee or charge prescribed by the regulations.

Compare: 2008 No 72 s 79G

86 Regulations relating to cost recovery

The Governor-General may, by Order in Council,

(a)

on the recommendation of the Minister of Police made after consultation in accordance with section 82, make regulations prescribing fees or charges for specified activities in accordance with sections 79 to 85:

(b)

make regulations prescribing the time when a fee or charge prescribed under this Act becomes payable:

(c)

make regulations providing for exemptions from, or waivers or refunds of, any fee or charge prescribed under this Act, in whole or in part, in any class of case:

(d)

make regulations authorising the Commissioner, as the Commissioner thinks fit in the circumstances specified in those regulations, to exempt, waive, or refund the whole or any part of a fee or charge prescribed by regulations made under this Act.

Compare: 2008 No 72 s 102A

86 Regulations relating to cost recovery

The Governor-General may, by Order in Council on the recommendation of the Minister of Police made after consultation in accordance with section 82,

(a)

make regulations prescribing fees or charges for specified activities in accordance with sections 79 to 83:

(b)

make regulations for the purposes of section 84:

(c)

make regulations for the purposes of section 85.

Compare: 2008 No 72 s 102A

Guidance notices

87 Guidance notices

(1)

The Commissioner may issue notices that provide guidance or details of an administrative nature that relate to 1 or more of the following:

(a)

the requirements of regulations made under section 74(1)(i) that relate to the security of licensed dealer premises:

(b)

the requirements of regulations made under section 74(1)(j) that relate to the security of premises where firearms are kept:

(c)

the issuing of identification numbersidentifying markings for firearms and magazines manufactured in or imported into New Zealand:

(d)

the approval of any shooting club or certification of any shooting range:

(e)

how to demonstrate the positive behaviours, skills, and knowledge that are expected of a fit and proper person:

(f)

how to manage specific situations where non-licensed persons come into possession of a firearm:

(g)

matters that health practitioners consider when determining whether to notify the Police under section 91:

(h)

generally, about any aspect of the Act or regulations made under this Act where the Commissioner thinks further guidance or detail is useful.

(2)

The Commissioner must consult the Commissioner’s Firearms Advisory Group, and may consult any other person or organisation that the Commissioner thinks appropriate, before issuing any notice.

(3)

The Commissioner must—

(a)

publish the notice in the Gazette; or

(b)

notify in the Gazette the fact that the notice has been made and state in that notification where members of the public can access a copy of the notice in electronic form.

(4)

A notice issued under this section is neither a disallowable instrument nor a legislative instrument for the purposes of the Legislation Act 2012.

Commissioner’s Firearms Advisory Group

88 Commissioner’s Firearms Advisory Group

(1)

The Commissioner must establish a Commissioner’s Firearms Advisory Group (the advisory group) comprising a chairperson appointed by the Minister of Police and up to 8 other members appointed by the Commissioner.

(2)

The purpose of the advisory group is to advise the Commissioner on matters that contribute to achieving the objectives of this Act, in particular, the safe use and control of firearms.

(3)

The advisory group may provide advice on any matter relating to firearms in New Zealand, including legislative proposals, policies for regulating New Zealand’s firearms regime, and the promotion of firearms safety.

89 Operations of advisory group

(1)

The members of the advisory group must appoint a deputy chairperson from among their number at their first meeting.

(2)

The advisory group may determine its own procedure, subject to compliance with any relevant provisions of this Act and regulations made under this Act.

(3)

The advisory group must, as soon as practicable after the end of each financial year, provide the Commissioner with an annual report of its proceedings and operations during that year.

(4)

The Commissioner must provide the resources and administrative support necessary to enable the advisory group to perform its functions.

(5)

The members of the advisory group are immune from liability in civil proceedings for good-faith actions or omissions in pursuance, or intended pursuance, of the duties, functions, or powers of the group, subject to any regulations made in relation to the group under this Act.

90 Provisions relating to appointment of members of advisory group

(1)

The membership of the advisory group must comprise a balance of people from both the firearm-owning and the non-firearm-owning community, including people who are concerned about the mitigation of harm from firearms from a health perspective.

(2)

In appointing any member of the advisory group, the Minister of Police or the Commissioner (as the case may be) must have regard to the need for the advisory group to possess knowledge and experience in some or all of the following areas:

(a)

New Zealand and international firearms regulatory systems:

(b)

public health and safety, particularly as it relates to firearms:

(c)

firearms research:

(d)

firearms safety and the use of firearms:

(e)

membership of any community organisation or group involved in firearms awareness, safety, or law reform:

(f)

any other matters the Minister or the Commissioner (as the case may be) considers relevant.

(3)

A member may be appointed for a term of up to 3 years as specified in the notice of appointment and be reappointed in the same manner.

(4)

The Commissioner must, by notice in the Gazette, notify the appointment of members and their terms of office.

(5)

A member is entitled to be—

(a)

paid remuneration at a rate and of a kind determined in accordance with the fees framework; and

(b)

reimbursed for actual and reasonable travelling and other expenses in accordance with the fees framework.

(6)

In this section, fees framework means the framework determined by the Government for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

90A Removal of members of advisory group

(1)

The Minister or Commissioner may, if satisfied that there is just cause to do so, remove from office any member appointed by them.

(2)

The removal must be made by written notice to the member.

(3)

The notice must state

(a)

the day on which the removal takes effect, which must not be earlier than the day on which the notice is received; and

(b)

the reasons for the removal.

(4)

For the purposes of subsection (1), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of any of the determinations of the group regarding its operations and procedures (depending on the seriousness of the breach).

Medical assessments

91 Health practitioners may give Police medical reports of persons unfit to use firearm

(1)

This section applies if a health practitioner who has attended or been consulted in respect of a person who the practitioner knows or has reason to believe is a firearms licence holder considers that the mental or physical condition health condition of the licence holder is such that, in the interests of the safety of individuals or the public, the licence holder—

(a)

should not be permitted to use or possess a firearm; or

(b)

should only be permitted to use or possess a firearm subject to any limitations that may be warranted by the mental or physical health condition of the licence holder.

(2)

If this section applies, the health practitioner must consider notifying the Police as soon as practicable—

(a)

of the opinion under subsection (1); and

(b)

the grounds on which it is based; and

(c)

whether the practitioner believes the licence holder poses an immediate or imminent danger of self-harm or harm to others.

(3)

The If the Police have been notified by a health practitioner under subsection (2), the Commissioner may require a licence holder to undergo a further medical assessment by a health practitioner who is independent from the practitioner who made the initial assessment and, in that case, the licence holder must either—

(a)

undergo the further assessment; or

(b)

surrender their licence under section 27(2).

(4)

Regulations made under section 74(1)(jc) (if any) apply in relation to any notice given for the purpose of this section and to any action required under subsection (3).

(5)

A health practitioner is not liable to criminal, civil, or disciplinary proceedings by disclosing personal information in the course of performing any function or responsibility under this section, as long as the practitioner acts in good faith.

Registration of firearms and dealings

92 Commissioner to keep registry

The Commissioner must keep and operate a registry for the purposes of this Act.

93 Content of registry

(1)

The following particulars must be recorded in the registry:

(a)

the number and date of expiry of every type of licence held by a person under this Act:

(b)

every licence holder’s full name, date of birth, and address:

(c)

every endorsement on a licence:

(d)

every condition on a licence or an endorsement that is additional to conditions imposed by this Act or regulations made under section 74:

(e)

the particulars of the make, model, and identifying markings of every firearm, restricted weapon, and prohibited magazine possessed by a licence holder, and of the location of the firearm, restricted weapon, and prohibited magazine, if the particulars are held by the Police:

(f)

every particular that regulations made under section 74 require to be recorded in the registry.

(2)

The registry may include—

(a)

photographs provided under section 34A; and

(b)

any other information that the Commissioner considers necessary or desirable—

(i)

to ensure that the registry is complete and accurate; or

(ii)

for the administration of this Act and regulations made under it; and

(c)

any other photographs that the Commissioner considers necessary or desirable.

94 Obligation to provide information to registry

(1)

This section applies to the following persons:

(a)

every holder of a firearms licence:

(b)

every holder of a dealer’s licence:

(c)

every other person who is or intends to be in possession of a firearm or other item controlledregulated by or under this Act.

(2)

This section also applies to the following events in relation to any firearm or other item controlledregulated by or under this Act:

(a)

its sale or supply, including a temporary transfer, excluding a temporary transfer:

(b)

its purchase or receipt (including a temporary receipt), excluding a temporary transfer:

(c)

its importation:

(d)

its exportation:

(e)

its manufacture:

(f)

its theft, loss, or destruction:

(g)

any other event specified for the purpose of this section in regulations made under section 74.

(3)

Every person to whom this section applies, and every person who has responsibilty in relation to any event to which this section applies, must provide the relevant details to the Police in accordance with the time and any other requirements prescribed by regulations made under section 74.

(4)

In this section, temporary transfer means a transfer of possession of the firearm (not being a pistol, restricted weapon, prohibited magazine, or prohibited firearm) or other item for less than 30 days.

Review of operation of this Act

95 Review of this Act

(1)

The Minister of Police must—

(a)

review the operation of this Act, including the impact of the Arms Legislation Act 2019 (the amendment Act), when the amendment Act has been fully in force for 5 years; and

(b)

prepare a report on that review, including recommendations for amendments to this Act.

(2)

The review must be completed within 18 months after the amendment Act has been fully in force for 5 years.

(3)

The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.