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

If you need more information about this Act, please contact the administering agency: New Zealand Police
  • 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 3 Consequential amendments to Arms Regulations 1992

s 74

Regulation 2

In regulation 2, revoke the definition of reclassified MSSA.

New regulation 2C

After regulation 2B, insert:

2C Prescribed wild animals and animal pests

The following wild animals and animal pests are prescribed for the purposes of section 4A(1)(i) of the Act:

(a)

a wild animal as defined in paragraph (a) of the definition of that term in section 2(1) of the Wild Animal Control Act 1977:

(b)

wallaby (family Macropodidae):

(c)

feral rabbit:

(d)

feral hare:

(e)

Canada goose (Branta canadensis).

Regulation 7

In regulation 7(1), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine”.

Replace regulation 7(2)(c) and (d) with:

(c)

except in the case of a pistol, restricted weapon, or prohibited item received under section 59A of the Act, the name and address of the person from whom the item is received; and

(d)

except in the case of a pistol, restricted weapon, or prohibited item received under section 59A of the Act, or a restricted airgun received from a person of or over the age of 18 years, the number of the firearms licence of the person from whom the item is received.

Replace regulation 7(4)(e) with:

(e)

in the case of a pistol, prohibited firearm, prohibited magazine, or restricted weapon delivered to a person who requires a permit to possess it, the date and place of issue of the permit.

Replace regulation 7(4A) with:

(4A)

On and after the date on which the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 comes into force, every licensed dealer must record, in respect of any prohibited item for which the dealer keeps other particulars under any of subclauses (2) to (4), that the item is a prohibited item.

Regulation 8

In regulation 8(h), after “cannon)”, insert “and prohibited items”.

Cross-heading above regulation 10

In the cross-heading above regulation 10, replace military style semi-automatic firearms, with prohibited items,.

Regulation 10

In the heading to regulation 10, replace military style semi-automatic firearms, with prohibited items,.

Replace regulation 10(1) with:

(1)

An application for a permit to import a firearm, prohibited item, pistol, starting pistol, restricted airgun, or restricted weapon, or any part of a firearm (other than a prohibited firearm), pistol, starting pistol, restricted airgun, or restricted weapon into New Zealand must be made—

(a)

in writing in hard copy form, in accordance with subclause (2); or

(b)

electronically through an Internet site.

In regulation 10(3)(c) and (e), replace “military style semi-automatic firearm,” with “prohibited item,” in each place.

Regulation 12

In regulation 12(1), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine” in each place.

After regulation 12(1), insert:

(1A)

Every person who imports into New Zealand a prohibited magazine that does not bear a serial number must, within 30 days after the day on which it is imported, stamp or cause to be stamped, in clear view on that magazine, a number by which the magazine may be identified.

Regulation 13

In regulation 13(1)(a) and (b), replace “military style semi-automatic firearm” with “prohibited magazine”.

In regulation 13(2)(e) and (f), replace “military style semi-automatic firearm” with “prohibited magazine, prohibited part”.

Regulation 18

In regulation 18, replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine” in each place.

Cross-heading above regulation 20A

In the cross-heading above regulation 20A, replace military style semi-automatic firearms with prohibited firearms, prohibited magazines.

Regulation 20B

In the heading to regulation 20B, replace military style semi-automatic firearm with prohibited firearm or prohibited magazine.

In regulation 20B, replace “military style semi-automatic firearm” with “prohibited firearm”.

Cross-heading above regulation 23A

Replace the cross-heading above regulation 23A with Permits to possess pistols, prohibited firearms, prohibited magazines, and restricted weapons.

Regulation 23A

Replace the heading to regulation 23A with Manner of applying for permit to possess.

In regulation 23A, replace “procure” with “possess” in each place.

In regulation 23A(1), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine”.

Regulation 24

Replace the heading to regulation 24 with Application for permit to possess pistol, prohibited firearm, prohibited magazine, or restricted weapon.

In regulation 24(1), replace “procure a pistol, military style semi-automatic firearm” with “possess a pistol, prohibited firearm, prohibited magazine”.

In regulation 24(1)(d), (e), and (f), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine”.

Regulation 25

In regulation 25, replace “procure a pistol, military style semi-automatic firearm” with “possess a pistol, prohibited firearm, prohibited magazine”.

Regulation 26

In regulation 26(1)(a), replace “permit to procure a pistol, military style semi-automatic firearm,” with “permit to possess a pistol, prohibited firearm, prohibited magazine, ”.

In regulation 26(1)(c), (1A), (2), and (3), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine” in each place.

Regulation 26A

In regulation 26A(1)(a), (2), and (5), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine”.

In regulation 26A(1)(b) and (4), replace “procure” with “possess”.

Regulation 27

Replace regulation 27(1) with:

(1)

Every person who hands over possession of any pistol, prohibited firearm, prohibited magazine, or restricted weapon to a person who holds a permit to possess that pistol, prohibited firearm, prohibited magazine, or restricted weapon must, if that pistol, prohibited firearm, prohibited magazine, or restricted weapon does not bear a serial number, stamp, or cause to be stamped, in clear view on the frame of that pistol, prohibited firearm, or restricted weapon, or on that prohibited magazine, before it is handed over, a number by which that pistol, prohibited firearm, prohibited magazine, or restricted weapon may be identified.

Regulation 28

In the heading to regulation 28, replace military style semi-automatic firearms with prohibited firearms, prohibited magazines.

In regulation 28(1)(c), replace “or military style semi-automatic firearm” with “, prohibited firearm, prohibited magazine,”.

In regulation 28(1), (2), (3), and (5), replace “military style semi-automatic firearm” with “prohibited firearm, prohibited magazine” in each place.

Cross-heading above regulation 28D

Revoke the cross-heading above regulation 28D.

Regulation 28D

Replace regulation 28D with:

28D Commissioner may prescribe conditions on licences, etc

The Commissioner may prescribe conditions on—

(a)

a dealer’s licence:

(b)

a firearms licence:

(c)

a permit issued under section 18 of the Act:

(d)

an endorsement made under section 30 or 30B of the Act:

(e)

a permit issued under section 35 or 35A of the Act.

Transitional and savings provisions relating to amendment Act

28E Definitions for transitional regulation

In regulation 28F,—

commencement means the date on which the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 comes into force

existing manufacturing business means a person that, before commencement, is in the business of manufacturing prohibited magazines or prohibited parts (or both) for the purposes of permitted supply

existing supply business means a person that, before commencement, is in the business of permitted supply

permitted supply means—

(a)

supply of prohibited magazines or prohibited parts (or both) to the Crown that is permitted under section 3(2) or (3) of the Act:

(b)

export of prohibited magazines or prohibited parts (or both) to any person that is permitted or authorised under the Customs and Excise Act 2018:

(c)

supply of prohibited magazines or prohibited parts (or both) to other persons expressly permitted or authorised under the Act to possess prohibited magazines or prohibited parts (other than by clause 5 of Schedule 1 of the Act).

28F Existing businesses involved in permitted supply of prohibited magazines or prohibited parts are exempt persons

(1)

Section 4A of the Act (and the definition of exempt person in section 2(1) of the Act) apply as if section 4A were modified to also list the following persons in their capacity as—

(a)

an existing manufacturing business that, for the purposes of permitted supply, manufactures prohibited magazines or prohibited parts (or both) and uses prohibited items to test and demonstrate its prohibited magazines or prohibited parts (or a person employed or engaged by that business):

(b)

an existing supply business that carries out permitted supply and uses prohibited items to test and demonstrate prohibited magazines or prohibited parts (or both) for that purpose (or a person employed or engaged by that business).

(2)

Section 5(3B) of the Act does not apply to a person referred to in subclause (1)(a) in that capacity.

(3)

This regulation applies on and from commencement until the close of 31 December 2020.

Regulation 29
Regulation 31A

In regulation 31A, after “pistols,”, insert “prohibited magazines, prohibited parts,” in each place.

Regulation 31B

In regulation 31B, after “pistol,”, insert “prohibited magazine, prohibited part,”.

Schedule

In the Schedule, item relating to endorsements, revoke paragraph (b).