Arms Legislation Act 2020

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

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4	Long Title repealed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

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Arms Legislation Act 2020

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