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Arms Legislation Act 2020
If you need more information about this Act, please contact the administering agency:
New Zealand Police
Corrections have been made to sections 63, 90, 95, and 104, and Schedule 1 on 7 July 2020, and section 94 on 17 July 2020, under section 25(1)(j)(iii) of the Legislation Act 2012
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Arms Legislation Act 2020
Public Act
2020 No 23
Date of assent
24 June 2020
Commencement
see section 2
Contents
1
Title
2
Commencement
Part 1
Amendments to Arms Act 1983
3
Principal Act
4
Long Title repealed
5
New Part 1 heading and section 1A inserted
Part 1
Preliminary provisions
1A
Purposes of this Act
6
Section 2 amended (Interpretation)
7
Section 2A replaced (Meaning of prohibited firearm)
2A
Meaning of prohibited firearm
8
Section 2B amended (Meaning of prohibited magazine)
9
Section 3 amended (Act to bind the Crown)
10
Section 4A amended (Persons who may apply to import, sell, supply, possess, or use prohibited items)
11
Cross-heading above section 5 replaced
Part 2
Licensed dealers
12
Sections 5 and 6 replaced
5
Dealers to be licensed
5A
Application for dealer’s licence
5B
Issue of dealer’s licence
5C
On-site theatrical armourers to supervise firearms use in certain cases
6
Fit and proper person to hold dealer’s licence
13
Section 6A amended (Conditions of dealer’s licence)
14
New sections 6B and 6C inserted
6B
Special condition of dealer’s licence relating to manufacture of firearms, etc
6C
Breach of conditions to which dealer’s licence is subject
15
Section 7 replaced (Place of business)
7
Place of business
16
Section 7A amended (Gun shows)
17
Section 8 replaced (Duration of dealer’s licence)
8
Duration of dealer’s licence
8A
Renewal of dealer’s licence
8B
Surrender of dealer’s licence
8C
Effect of expiry or surrender of dealer’s licence
18
Section 9 replaced (Revocation of dealer’s licence)
9
Revocation of dealer’s licence
9A
Revocation of suspended dealer’s licence
9B
Effect of revocation of dealer’s licence
19
Section 10 amended (Restriction on possession of pistol, prohibited items, or restricted weapon by licensed dealer)
20
Section 11 replaced (Dealers and their employees and agents to hold firearms licences)
11
Employees of licensed dealer to hold firearms licence bearing appropriate endorsements
21
Section 12 amended (Record of dealings by licensed dealers)
22
Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons held by licensed dealers)
23
Section 14 replaced (Disposal of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons of dealer whose licence is revoked)
14
Disposal of items of dealer if licence expires or is surrendered or revoked
24
Section 15 replaced (Offence for licensed dealer to carry on business following revocation of his licence)
15
Offence to carry on dealer activities following expiry, surrender, or revocation of dealer’s licence
25
Cross-heading above section 16 replaced
Part 3
Permits to import
26
Section 16 replaced (Offence to import firearms, etc, without permit)
16
Offence to import firearms, etc, without permit
27
Section 16A replaced (Offence to import prohibited ammunition)
16A
Offence to import prohibited ammunition
28
Section 17 repealed (Burden of proof)
29
Section 18 replaced (Issue of permit to import)
18
Issue of permit to import firearms, etc
30
New sections 18AA to 18AAD inserted
18AA
Issue of permit to import pistol carbine conversion kits
18AAB
Issue of permit to import air pistol carbine conversion kits
18AAC
Revocation and validity of permit to import
18AAD
Permit to import issued for items to be brought or sent into New Zealand in single consignment or multiple consignments
31
Section 18B replaced (Samples)
18B
Production of samples
18C
Export of specified items not corresponding with sample or otherwise approved for importation
32
Section 19 replaced (Seizure of illegally imported items)
19
Seizure of illegally imported items
33
New Part 4 heading, cross-heading, and sections 19A to 19C inserted
Part 4
General restrictions
General restrictions on possession of firearms, airguns, magazines, parts, and ammunition
19A
Restriction on possession of prohibited firearms and prohibited magazines
19B
Restriction on possession of prohibited parts
19C
Restriction on possession of pistols and restricted weapons
34
Cross-heading above section 20 repealed
35
Section 20 amended (Restrictions on possession of firearms)
36
Section 21 amended (Restrictions on possession of airguns)
37
New sections 22A to 22G and cross-headings inserted
22A
Restriction on possession of non-prohibited magazines and non-prohibited parts
22B
Restriction on possession of ammunition
Restrictions on possession of pistol carbine conversion kits
22C
Restrictions on possession of pistol carbine conversion kits
Restrictions on sale or supply of ammunition
22D
Restrictions on selling or supplying ammunition
22E
Ammunition seller to keep record of ammunition sales
Restriction on ownership of firearms and restricted weapons by visitors
22F
Visitors may not take ownership of firearm or restricted weapon
Restriction on manufacture of prohibited items
22G
Restriction on manufacture of prohibited items
38
Cross-heading above section 23 replaced
Part 5
Firearms licences, endorsements, and permits to possess
Firearms licences
39
New section 22H inserted (Persons disqualified from holding firearms licence)
22H
Persons disqualified from holding firearms licence
40
Section 23 amended (Application for firearms licence)
41
Section 24 replaced (Issue of firearms licence)
24
Issue of firearms licence
42
New sections 24A to 24D inserted
24A
Fit and proper person to possess firearm or airgun
24B
General conditions of firearms licence
24C
Special condition of firearms licence relating to sale or supply of ammunition
24D
Breach of conditions to which firearms licence is subject
43
Section 25 amended (Duration of firearms licence)
44
Section 27 replaced (Revocation and surrender of firearms licence)
27
Surrender and revocation of firearms licence
45
Section 27A repealed (Family violence and firearms licences)
46
New sections 27B and 27C inserted
27B
Revocation and surrender of licence if holder becomes disqualified
27C
Revocation of suspended firearms licence
47
Section 28 replaced (Effect of revocation or surrender of firearms licence)
28
Effect of revocation or surrender of firearms licence
48
New cross-heading after section 28 inserted
Endorsements
49
Section 29 amended (Application for endorsements in respect of pistol or restricted weapon)
50
Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
51
Section 30A replaced (Application for endorsement in respect of prohibited firearm or prohibited magazine)
30A
Application for endorsement in respect of prohibited firearm or prohibited magazine
52
Section 30B amended (Power to make endorsement in respect of prohibited firearm or prohibited magazine)
53
Section 31 amended (Possession of firearm, pistol, prohibited item, or restricted weapon for stage, film, or television purposes)
54
New section 33C inserted (Duration of endorsements)
33C
Duration of endorsements
55
Section 34 amended (Notification of change of address)
56
Section 34B amended (Effect of non-compliance with requirements in relation to photographs or to calling-in of licences)
57
Cross-heading above section 35 replaced
Permits to possess pistols, restricted weapons, prohibited firearms, prohibited magazines, and pistol carbine conversion kits
58
Section 35 amended (Issue of permit to possess pistol or restricted weapon)
59
New section 35AAA inserted (Issue of permit to possess pistol carbine conversion kit)
35AAA
Issue of permit to possess pistol carbine conversion kit
60
Section 35A amended (Issue of permit to possess prohibited firearm or prohibited magazine)
61
Section 36 amended (Offence to carry pistol or restricted weapon without authority)
62
Section 38 amended (Removal of pistol, prohibited firearm, prohibited magazine, or restricted weapon out of New Zealand)
63
New Parts 6 and 7 inserted
Part 6
Shooting clubs and shooting ranges
38A
Interpretation
Shooting clubs
38B
Shooting club must have certificate of approval
38C
Shooting club must be incorporated society if ammunition or firearms sold on its behalf
38D
Application to have shooting club approved
38E
Commissioner may make inquiries and request further information
38F
Decision on application for certificate of approval
38G
Issue of certificate of approval
38H
Duration of certificate of approval
38I
Cancellation of certificate of approval
38J
Club may have to reapply for certificate of approval
38K
Annual reports
Shooting ranges
38L
Shooting ranges must be certified
38M
Application to have shooting range certified
38N
Commissioner may make inquiries and request further information
38O
Decision on application to have shooting range certified
38P
Grant of certification
38Q
Certification granted subject to conditions
38R
Duration of certification
38S
Cancellation of certification
38T
Renewal of certification
Compliance
38U
Inspections of shooting clubs and shooting ranges
38V
Improvement notices
38W
Temporary suspension of shooting club’s operations pending possible cancellation of certificate of approval
38X
Temporary suspension of shooting range’s operations pending possible cancellation of certification
Part 7
Direct access by certain government agencies to registry
38Y
Interpretation
38Z
Relationship between this Part and other law
38ZA
Direct access to licence information
38ZB
Direct access to import and export information recorded in registry
38ZC
Direct access must be in accordance with direct access agreement
38ZD
Matters to which Ministers must have regard before entering into direct access agreement
38ZE
Consultation before entering into direct access agreement
38ZF
Content of direct access agreements
38ZG
Variation of direct access agreement
38ZH
Publication of direct access agreements
64
Sections 39 to 41 and cross-heading repealed
65
New section 41A inserted (Marking of firearms)
41A
Marking of firearms
66
Cross-heading above section 42 replaced
Part 8
Offences
67
Section 42 replaced (Offences in respect of licences)
42
Offences in respect of licences
68
Section 43 replaced (Selling or supplying firearm or airgun to unlicensed person)
43
Selling or supplying firearm or airgun to unlicensed person
69
Section 43AA replaced (Possessing, selling, or supplying prohibited ammunition)
43AA
Selling or supplying prohibited ammunition
70
Section 43A replaced (Mail order sale of firearm or ammunition)
43A
Mail order or Internet sale of arms items or ammunition
71
Section 43B repealed (Restriction on sale of ammunition)
72
Section 44 replaced (Selling or supplying pistol or restricted weapon to person who does not hold permit to possess)
44
Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess
44AA
Unlawful sale or supply of pistol carbine conversion kit
73
Section 44A amended (Offence to sell or supply prohibited firearm or prohibited magazine)
74
Section 46 replaced (Carrying of imitation firearm, except for lawful, proper, and sufficient purpose)
46
Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
75
Section 48 replaced (Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place)
48
Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
76
New section 50AA inserted (Unlawful possession of pistol carbine conversion kit)
50AA
Unlawful possession of pistol carbine conversion kit
77
New section 50CA inserted (Unlawful possession of prohibited ammunition)
50CA
Unlawful possession of prohibited ammunition
78
Section 50D amended (Unlawfully carrying or possessing prohibited firearm in public place)
79
Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
80
Section 53A amended (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
81
Section 54 amended (Use or attempted use of firearm, etc, to resist or prevent arrest or commit offence)
82
Section 55B amended (Offence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc)
83
New sections 55C to 55I inserted
55C
Offence of failing to produce firearm other than pistol, restricted weapon, or prohibited firearm on demand or to permit inspection of firearm
55D
Offences relating to illegal manufacturing of certain arms items
55E
Offences relating to illegal trafficking of firearms, parts, or ammunition
55F
Offences relating to falsifying firearm markings
55G
Offences relating to removing or altering firearm markings
55H
Extraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G
55I
Attorney-General’s consent required
84
New section 58A inserted (Offences relating to registry)
58A
Offences relating to registry
85
Section 59 amended (Unsafe firearms or pistols)
86
New Part 9 heading inserted
Part 9
Miscellaneous provisions
87
Section 59A replaced (Surrender by licensed dealer of firearms, etc)
59A
Surrender by licensed dealer of firearms, etc
88
Section 59B replaced (Voluntary delivery to Police of firearms, etc)
59B
Voluntary delivery to Police of firearms, etc
89
New sections 60 to 60C inserted
60
Improvement notices
60A
Temporary suspension of licence pending possible revocation
60B
Effect of temporary suspension of firearms licence
60C
Effect of temporary suspension of dealer’s licence
90
Section 62 replaced (Right of appeal from official decisions)
62
Right of review of official decisions
62A
How review to be conducted
62B
Right of appeal to District Court
62C
Further provisions relating to appeals
91
Section 63 amended (Appeal to District Court Judge in respect of compensation)
92
Section 64 amended (Appeal on a question of law)
93
Section 65 amended (Restoration of articles seized)
94
Cross-heading above section 65I replaced
Other miscellaneous provisions
95
New sections 66A to 66D inserted
66A
Loss, theft, or destruction of firearm, etc
66B
Person in possession of firearm, etc, must give identifying information to Police
66C
Powers of Police to require surrender of airguns or antique firearms
66D
Obligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc
96
Section 69 replaced (Forfeitures)
69
Forfeitures
97
Section 70 amended (Authorising disposal of firearms, etc, detained by Police)
98
Section 72A amended (Service of documents)
99
Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)
100
Section 74 amended (Regulations)
101
Section 74A amended (Order in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition)
102
Section 74C amended (Regulations providing for transitional matters)
103
New section 74D inserted (Regulations providing for transitional matters relating to Arms Legislation Act 2020)
74D
Regulations providing for transitional matters relating to Arms Legislation Act 2020
104
New sections 79 to 96 and cross-headings inserted
Cost recovery
79
Purpose of sections 80 to 86
80
Activities that may be subject to cost recovery
81
Criteria for cost recovery
82
Consultation
83
Methods of cost recovery
84
Payment of fee or charge
85
Exemptions, waivers, and refunds
86
Regulations relating to cost recovery
Guidance notices
87
Guidance notices
Arms Advisory Group
88
Arms Advisory Group
89
Operations of advisory group
90
Provisions relating to appointment of members of advisory group
91
Removal of members of advisory group
Medical assessments
92
Health practitioners may give Police medical reports of persons unfit to use firearm
Registration of firearms and dealings
93
Commissioner to keep registry
94
Content of registry
95
Obligation to provide information to registry
Review of operation of this Act
96
Review of this Act
105
New Part 2 of Schedule 1 inserted
Part 2
Amendments to other enactments
Subpart 1—Amendments to Extradition Act 1999
106
Amendments to Extradition Act 1999
Subpart 2—Amendment to Intelligence and Security Act 2017
107
Amendment to Intelligence and Security Act 2017
Subpart 3—Amendment to Mutual Assistance in Criminal Matters Act 1992
108
Amendment to Mutual Assistance in Criminal Matters Act 1992
Subpart 4—Consequential amendments
109
Consequential amendments to other enactments
Schedule 1
New Part 2 of Schedule 1 inserted
Schedule 2
Consequential amendments to other enactments
Legislative history
Administrative information
The Parliament of New Zealand enacts as follows: