Arms Legislation Bill

Schedule 1 New Part 2 of Schedule 1 inserted

s 84

Part 2 Provisions relating to Arms Legislation Act 2019

8 Interpretation

In this Part,—

Act means the Arms Act 1983

amendment Act means the Arms Legislation Act 2019

amnesty period means the period

(a)

beginning on the enactment date; and

(b)

ending on

(i)

the date that is 6 months after the first date on which regulations made under clause 16E come into force; or

(ii)

any later date prescribed by Order in Council

enactment date means the date on which the amendment Act receives the Royal assent.

specified item means

(a)

a specified prohibited firearm:

(b)

a pistol carbine conversion kit

specified prohibited firearm means

(a)

a semi-automatic firearm that has a lower receiver, if the lower receiver is able to be attached to a centrefire upper receiver so that the resulting firearm is able to function:

(b)

a semi-automatic pistol that is not

(i)

a small semi-automatic pistol:

(ii)

a semi-automatic pistol held by a person referred to in section 2A(3):

(c)

a centrefire pump-action rifle that is capable of being used with a detachable magazine:

(d)

a centrefire pump-action rifle that has 1 or more non-detachable magazines (tubular or otherwise) capable of holding more than 10 cartridges commensurate with that firearm’s chamber size.

9 Duration of firearms licences issued or applied for before enactment date

(1)

Nothing in the amendment Act affects the duration of

(a)

a firearms licence that was issued on or before 22 July 2019; or

(b)

a firearms licence issued after 22 July 2019 on an application that was made on or before that date; or

(c)

a firearms licence that was issued after 22 July 2019 on an application that was made

(i)

at any time during the period beginning on 23 July 2019 and ending on the day before the enactment date; and

(ii)

by an applicant who is the holder of a firearms licence that expires before the enactment date.

(2)

In any other case, a firearms licence that was issued or applied for before the enactment date will continue in force for a period of 5 years from the date on which the licence comes into force.

(3)

In subclauses (1) and (2), firearms licence includes a duplicate of a firearms licence that has been lost, destroyed, or mutilated, or become illegible.

9 Duration of firearms licences issued or applied for before enactment date

(1)

If a firearms licence is issued on or after 10 February 2020 on an application made on or after that date but before the enactment date, the licence is treated as having effect only for 5 years in the case of an applicant who

(a)

has never previously held a firearms licence; or

(b)

has had their previous licence revoked or has surrendered their previous licence; or

(c)

has allowed their previous licence to expire without applying for a new licence before the expiry date.

(2)

Nothing in the amendment Act affects the duration of any other firearms licence applied for before the enactment date.

10 Disqualification from holding firearms licence

(1)

This clause applies to a person who is the holder of a firearms licence immediately before the date of commencement of section 22G.

(2)

The holder is not disqualified under section 22G from holding the firearms licence even if the holder has, within the previous 10-year period ending on the date of commencement of section 22G,—

(a)

been convicted of any of the offences specified in that section; or

(b)

been released from custody after being convicted of any of those offences.; or

(c)

had a protection order made against them under

(i)

section 79 of the Family Violence Act 2018; or

(ii)

section 14 of the Domestic Violence Act 1995.

11 Rights of holders of existing firearms licences

(1)

This clause applies to every person who, immediately before the commencement of section 24A (as inserted by section 36 of the amendment Act), holds a valid firearms licence.

(2)

If, on or after the commencement of section 24A, any of the circumstances set out in section 24A(1) arise in connection with the person, a member of the Police may—

(a)

take into account those circumstances and any other circumstances arising prior to the commencement of section 24A; and

(b)

find that the person is no longer a fit and proper person to hold the licence for the purposes of this Act; and

(c)

deal with the person under this Act accordingly.

12 Rights of holders of existing dealer’s licence

(1)

This clause applies to every person who, immediately before the commencement of section 6 (as inserted by section 10 of the amendment Act), holds a valid dealer’s licence.

(2)

If, on or after the commencement of section 6, any of the circumstances set out in section 6 arise in connection with the person or the person’s senior manager, a member of the Police may—

(a)

take into account those circumstances and any other circumstances arising prior to the commencement of section 6; and

(b)

find that the person is no longer a fit and proper person to hold the licence for the purposes of this Act; and

(c)

deal with the person under this Act accordingly.

13 Kea guns

(1)

This clause applies to a person who—

(a)

is the registered owner of a kea gun; and

(b)

has a firearms licence that bears an endorsement made under section 29(1) (as it read immediately before its repeal by section 42(1) of the amendment Act).

(2)

The person must, within 6 months after the commencement of section 42(1) of the amendment Act,—

(a)

obtain an endorsement under section 30 permitting the person to have possession of the kea gun in a capacity specified in section 29(2)(b), (c), or (d); or

(b)

surrender the kea gun to a member of the Police.

14 Shooting clubs

(1)

Subclause (2) applies to an incorporated pistol shooting club that, immediately before the date of commencement of Part 6, was recognised by the Commissioner for the purposes of section 29 (as in force immediately before the commencement of section 42 of the amendment Act).

(2)

On and after the commencement of Part 6, the incorporated pistol shooting club is to be treated as if the club has been issued with a certificate of approval under section 38F.

(3)

In the case of any other shooting club that existed as a shooting club immediately before the commencement of Part 6, an application under section 38B does not apply to that club until must be made within 12 months after the date of commencement of Part 6.

(4)

If an application for certification of the club is made within that 12-month period, the club is to be treated, as from the time the Commissioner receives the application until the application has been decided, as if the club has been issued with a certificate of approval under section 38F.

15 Shooting ranges

(1)

Subclause (2) applies to a pistol shooting range that at the date of commencement of Part 6 was approved by the Commissioner in accordance with regulation 22 of the Arms Regulations 1992.

(2)

The pistol shooting range is to be treated as if the range has been issued with a certificate under section 38O during the period that—

(a)

commences on the date of commencement of Part 6; and

(b)

ends on whichever of the following dates first occurs:

(i)

the date of cancellation of the Commissioner’s approval of the shooting range given before the commencement of Part 6:

(ii)

the date that is 5 years after the date of commencement of Part 6.

(3)

In the case of any other shooting range that existed as a shooting range immediately before the commencement of Part 6, an application under section 38K does not apply to that shooting range until must be made within 12 months after the commencement of Part 6.

(4)

If an application for certification of the range is made within that 12-month period, the range is to be treated, as from the time the Commissioner receives the application until the application has been decided, as if the range has been issued with a certificate under section 38O.

16 Obligations relating to registry

(1)

This clause applies if a person is a licence or permit holder under this Act immediately before the date of commencement of section 94 or is a prescribed person for the purposes of this clause.

(2)

In subclause (1), prescribed person means any person who belongs to a class of persons declared by regulations made under clause 17 to be prescribed persons for the purposes of subclause (1).

(3)

The person must provide the Police with the relevant information within the time and in accordance with any other requirements prescribed by regulations made under section 74 or clause 17 (as the case may be) if the person—

(a)

is applying for a licence or an endorsement; or

(b)

is notifying a change in circumstances (such as a change of address); or

(c)

has responsibility in relation to an event referred to in section 94(2); or

(d)

is subject to compliance or enforcement action by the Police under this Act.

(4)

If none of the circumstances in subclause (3) apply to the person within 5 years after the registry starts operating, the person must, from the close of that 5-year period, provide the Police with the relevant information in accordance with regulations made under section 74.

(5)

If none of the circumstances in subclause (3) apply to a licence holder within 5 years after the registry starts operating and the holder no longer possesses a firearm, part, magazine, or ammunition at the end of that 5-year period, the holder must notify the Police of that fact as soon as practicable after that period ends.

16A Permits to import issued for purposes of section 16(1) of Act before enactment date revoked

(1)

A permit issued for the purposes of section 16(1) of this Act (as in force immediately before the enactment date) is revoked to the extent that it authorises the importation of a firearm that,

(a)

after the enactment date, is a specified prohibited firearm; and

(b)

before the enactment date, has not been brought or sent into New Zealand.

(2)

This clause does not apply to permits issued for the purposes of enabling persons referred to in section 3(2) of this Act to carry out their duties.

16B Specified prohibited firearms subject to the control of Customs at enactment date

(1)

This clause applies to a specified prohibited firearm that is subject to the control of the New Zealand Customs Service at the enactment date.

(2)

The specified prohibited firearm is to be treated as specified prohibited goods under section 98 of the Customs and Excise Act 2018 and the chief executive of the New Zealand Customs Service may, under section 85(1)(b) of that Act, authorise the delivery of the specified prohibited firearm to the Police.

(3)

At the time of that delivery, the specified prohibited firearm ceases to be subject to the control of Customs.

(4)

In this clause, subject to the control of Customs has the same meaning as in section 6 of the Customs and Excise Act 2018.

16C Temporary amnesty for persons possessing specified items before enactment date

(1)

This clause applies to a person who, before the enactment date, possesses a specified item.

(2)

The person does not commit an offence under section 50A or 50AA of this Act for the continued possession of the specified item.

(3)

Subclause (2)

(a)

ceases to have effect at the end of the amnesty period; and

(b)

is subject to any other conditions (if any) set by regulations.

(4)

See also the provisions governing surrender and voluntary delivery of prohibited items in sections 59A and 59B of this Act.

16D Compensation for specified items delivered to Police

(1)

This clause applies in respect of a specified item that, on or after the enactment date, is delivered or otherwise surrendered to a member of the Police.

(2)

The specified item becomes the property of the Crown, free and discharged from all right, title, or interest possessed by any person in respect of that item.

(3)

Compensation may be paid in respect of the specified item in accordance with any regulations made under clause 16E.

(4)

However, nothing in this Act or the amendment Act otherwise confers any right to compensation, or is to be relied on in any proceedings as a basis for a claim to compensation, except and to the extent authorised by regulations made under clause 16E.

16E Regulations establishing compensation for delivery of specified items to Police

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister of Police, make regulations establishing 1 or more schemes for the purpose of paying compensation in respect of a specified item that, during the amnesty period or any other specified period or periods, is delivered or otherwise surrendered to a member of the Police or meets any other prescribed requirements.

(2)

Regulations made under subclause (1) may

(a)

apply to 1 or more classes of licence holders or other persons who, before enactment date, lawfully possessed the specified item:

(b)

apply to 1 or more classes of specified items:

(c)

confer the right to compensation only if specified criteria or conditions are met:

(d)

limit the right to compensation in specified circumstances (for example, the maximum number of pistol carbine conversion kits for which compensation may be paid to a person):

(e)

provide for the Commissioner to determine the amount of compensation to be paid for a specified item or a class of specified items (whether that item or class of items is of a specified type, make, model, description, or condition, or a combination of them), including

(i)

by issuing a schedule of those amounts:

(ii)

by determining the method by which the amount of compensation to be paid for a specified item is calculated, which may include

(A)

the maximum amount of compensation payable in respect of an item:

(B)

the minimum amount of compensation payable in respect of an item:

(C)

the proportion of a specified amount of compensation payable in respect of an item:

(f)

impose conditions on any payment of compensation:

(g)

specify the criteria that the Commissioner may apply when determining or assessing the compensation payable in respect of a specified item:

(h)

confer and make any provisions with respect to rights of review or appeal against any compensation determined or assessed in respect of a specified item.

(3)

Regulations made under subclause (1) may make different provision with respect to different persons, specified items, or circumstances or different classes of persons, specified items, or circumstances.

(4)

To avoid doubt, regulations made under subclause (1) need not include compensation for

(a)

any economic loss; or

(b)

any consequential loss; or

(c)

any loss for business interruption; or

(d)

any loss attributable to intrinsic or sentimental value.

17 Regulations providing for transitional matters

(1)

The Governor-General may, by Order in Council, make regulations—

(a)

providing that, subject to any conditions stated in the regulations, transitional or savings provisions prescribed by the regulations that relate to the implementation of the amendment Act (in addition to, or in substitution for, any other transitional provisions in the amendment Act) apply during the whole or any part of a specified transitional period:

(b)

providing that, subject to any conditions that are specified in the regulations, during a specified transitional period,—

(i)

specified provisions of this Act (including definitions) do not apply, or are to continue to apply, or apply with modifications or additions, or both:

(ii)

specified terms have the meanings given to them by the regulations:

(iii)

specified provisions repealed, amended, or revoked by the Amendment Act are to continue to apply:

(c)

providing for any other matters necessary for facilitating or ensuring an orderly transition from the legislative regime that applies under this Act before the amendment Act comes fully into force to the legislative regime that applies when the amendment Act comes fully into force.

(2)

No regulations made under this clause may be made, or continue in force, later than 5 years after the commencement of this clause.