Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019

  • Corrections have been made to sections 54 and 72 and Schedule 2 on 18 April 2019 under section 25(1)(j)(ii) and (iii) of the Legislation Act 2012.

Schedule 1 Schedule replaced

s 72

Schedule 1 Transitional, savings, and related provisions

s 3A

Part 1 Provisions relating to Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019

1 Interpretation

In this Part,—

Act means the Arms Act 1983

amendment Act means the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019

amnesty period means the period—

(a)

beginning at 3 pm on 21 March 2019; and

(b)

ending on—

(i)

the date that is 6 months after the first date on which regulations made under clause 7 come into force; or

(ii)

any later date prescribed by Order in Council

commencement means the date on which the amendment Act comes into force.

2 Permits to import issued for purposes of section 16(1) of Act before commencement are revoked

(1)

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

(a)

after commencement, is a prohibited item; and

(b)

before commencement, 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.

3 Prohibited items subject to the control of Customs at commencement

(1)

This clause applies to a prohibited item that is subject to the control of the New Zealand Customs Service at commencement.

(2)

The prohibited item is to be treated as a prohibited good 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 prohibited item to the Police.

(3)

At the time of that delivery, the prohibited item 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.

4 Endorsements issued under section 30B of Act before commencement are revoked

(1)

An endorsement issued under section 30B of this Act (as in force immediately before commencement) is revoked.

(2)

However, subclause (1) does not limit clause 5.

5 Temporary amnesty for persons possessing prohibited items before commencement

(1)

This clause applies to a person who, before commencement, possesses a prohibited item.

(2)

The person does not commit an offence under section 50A, 50B, or 50C of this Act for the continued possession of the prohibited 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.

6 Compensation for prohibited items delivered to Police

(1)

This clause applies in respect of a prohibited item that, after 3 pm on 21 March 2019, is delivered or otherwise surrendered to a member of the Police.

(2)

The prohibited 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 prohibited item in accordance with any regulations made under clause 7.

(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 7.

7 Regulations establishing compensation for delivery of prohibited 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 prohibited items that, during the amnesty period or any other specified period or periods, are delivered or otherwise surrendered to a member of the Police.

(2)

Regulations made under subclause (1) may—

(a)

apply to 1 or more classes of licence holders or other persons who, before commencement, lawfully possessed prohibited items:

(b)

apply to 1 or more classes of prohibited 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 prohibited magazines 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 prohibited item or a class of prohibited items (whether that item or class of items is of a specified type, make, model, description, or condition, or a combination of these), including—

(i)

by the issuing of a schedule of those amounts:

(ii)

by determining the method by which the amount of compensation to be paid for a prohibited 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 may be applied by the Commissioner when determining or assessing the compensation payable in respect of a prohibited 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 prohibited item.

(3)

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