Arms Legislation Bill

Hon Stuart Nash

Arms Legislation Bill

Government Bill

177—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4Long Title repealed
5New Part 1 heading and section 1A inserted
1APurposes of this Act
6Section 2 amended (Interpretation)
7Section 3 amended (Act to bind the Crown)
8Section 4A amended (Persons who may apply to import, sell, supply, possess, or use prohibited items)
9Cross-heading above section 5 replaced
10Sections 5 and 6 replaced
5Dealers to be licensed
5AApplication for dealer’s licence
5BIssue of dealer’s licence
6Fit and proper person to hold dealer’s licence
11New section 6B inserted (Special condition of dealer’s licence relating to manufacture of firearms, etc)
6BSpecial condition of dealer’s licence relating to manufacture of firearms, etc
12Section 7A amended (Gun shows)
13Section 9 amended (Revocation of dealer’s licence)
14Section 10 amended (Restriction on possession of pistol, prohibited items, or restricted weapon by licensed dealer)
15Section 11 replaced (Dealers and their employees and agents to hold firearms licences)
11Employees of licensed dealer to hold firearms licence bearing appropriate endorsements
16Section 12 amended (Record of dealings by licensed dealers)
17Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons held by licensed dealers)
18Section 14 amended (Disposal of firearms, ammunition, airguns, pistols, prohibited items, and restricted weapons of dealer whose licence is revoked)
19Section 15 replaced (Offence for licensed dealer to carry on business following revocation of his licence)
15Offence to carry on dealer activities following revocation of dealer’s licence
20Cross-heading above section 16 replaced
21Section 16 replaced (Offence to import firearms, etc, without permit)
16Offence to import firearms, etc, without permit
22Section 16A replaced (Offence to import prohibited ammunition)
16AOffence to import prohibited ammunition
23Section 17 repealed (Burden of proof)
24Section 18 amended (Issue of permit to import)
25Section 18B replaced (Samples)
18BProduction of samples
18CExport of specified items not corresponding with sample or otherwise approved for importation
26Section 19 amended (Seizure of illegally imported items)
27New Part 4 heading, cross-heading and sections 19A and 19B inserted
19ARestriction on possession of prohibited firearms and prohibited magazines
19BRestriction on possession of prohibited parts
28Cross-heading above section 20 repealed
29Section 20 amended (Restrictions on possession of firearms)
30Section 21 amended (Restrictions on possession of airguns)
31New sections 22A to 22F and cross-headings inserted
22ARestriction on possession of non-prohibited magazines and non-prohibited parts
22BRestriction on possession of ammunition
22CRestrictions on selling or supplying ammunition
22DAmmunition seller to keep record of ammunition sales
22EVisitors may not take ownership of firearm, airgun, or restricted weapon
22FRestriction on manufacture of prohibited items
32Cross-heading above section 23 replaced
33New section 22G inserted (Persons disqualified from holding firearms licence)
22GPersons disqualified from holding a firearms licence
34Section 23 amended (Application for firearms licence)
35Section 24 amended (Issue of firearms licence)
36New sections 24A to 24C inserted
24AFit and proper person to hold firearms licence
24BGeneral conditions of firearms licence
24CSpecial condition of firearms licence relating to sale or supply of ammunition
37Section 25 amended (Duration of firearms licence)
38Section 27A replaced (Family violence and firearms licences)
27AFamily violence and firearms licences
39New sections 27B and 27C inserted
27BRevocation and surrender of licence if holder becomes disqualified
27CRevocation of suspended firearms or dealer’s licence
40Section 28 amended (Effect of revocation or surrender of firearms licence)
41New cross-heading after section 28 inserted
42Section 29 amended (Application for endorsements in respect of pistol or restricted weapon)
43Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
44Section 30A replaced (Application for endorsement in respect of prohibited firearm or prohibited magazine)
30AApplication for endorsement in respect of prohibited firearm or prohibited magazine
45Section 30B amended (Power to make endorsement in respect of prohibited firearm or prohibited magazine)
46New section 33C inserted (Duration of endorsements)
33CDuration of endorsements
47Section 34 amended (Notification of change of address)
48Section 34B amended (Effect of non-compliance with requirements in relation to photographs or to calling-in of licences)
49Section 35 amended (Issue of permit to possess pistol or restricted weapon)
50Section 35A amended (Issue of permit to possess prohibited firearm or prohibited magazine)
51Section 36 amended (Offence to carry pistol or restricted weapon without authority)
52Section 38 amended (Removal of pistol, prohibited firearm, prohibited magazine, or restricted weapon out of New Zealand)
53New Parts 6 and 7 inserted
38AInterpretation
38BShooting club must have certificate of approval
38CApplication to have shooting club approved
38DCommissioner may make inquiries and request further information
38EDecision on application for certificate of approval
38FIssue of certificate of approval
38GDuration of certificate of approval
38HCancellation of certificate of approval
38IRenewal of certificate of approval
38JAnnual reports
38KShooting ranges must be certified
38LApplication to have shooting range certified
38MCommissioner may make inquiries and request further information
38NDecision on application to have shooting range certified
38OGrant of certification
38PCertification granted subject to conditions
38QDuration of certification
38RCancellation of certification
38SRenewal of certification
38TInspections of shooting clubs and shooting ranges
38UImprovement notices
38VSuspension
38WInterpretation
38XRelationship between this Part and other law
38YDirect access to licence information
38ZDirect access to import and export information recorded in registry
38ZADirect access must be in accordance with direct access agreement
38ZBMatters to which Ministers must have regard before entering into direct access agreement
38ZCConsultation before entering into direct access agreement
38ZDContent of direct access agreements
38ZEVariation of direct access agreement
38ZFPublication of direct access agreements
54Sections 39 to 41 and cross-heading repealed
55New section 41A inserted (Marking of firearms)
41AMarking of firearms
56Cross-heading above section 42 replaced
57Section 42 replaced (Offences in respect of licences)
42Offences in respect of licences
58Section 43 replaced (Selling or supplying firearm or airgun to unlicensed person)
43Selling or supplying firearm or airgun to unlicensed person
59Section 43A replaced (Mail order sale of firearm or ammunition)
43AMail order or Internet sale of arms items or ammunition
60Section 43A repealed (Mail order sale of firearm or ammunition)
61Section 43B repealed (Restriction on sale of ammunition)
62Section 44 replaced (Selling or supplying pistol or restricted weapon to person who does not hold permit to possess)
44Selling or supplying pistol or restricted weapon to person who does not hold permit to possess
63Section 46 replaced (Carrying of imitation firearm, except for lawful, proper, and sufficient purpose)
46Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
64Section 48 replaced (Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place)
48Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
65Section 50D amended (Unlawfully carrying or possessing prohibited firearm in public place)
66Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
67Section 53A amended (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
68Section 54 amended (Use or attempted use of firearm, etc, to resist or prevent arrest or commit offence)
69Section 55B amended (Offence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc)
70New sections 55C to 55I inserted
55COffence of failing to produce firearm other than pistol, restricted weapon, or prohibited firearm on demand or to permit inspection of firearm
55DOffences relating to illegal manufacturing of arms items
55EOffences relating to illegal trafficking of firearms, parts, or ammunition
55FOffences relating to falsifying firearm markings
55GOffences relating to removing or altering firearm markings
55HExtraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G
55IAttorney-General’s consent required
71New section 58A inserted (Offences relating to registry)
58AOffences relating to registry
72Section 59 amended (Unsafe firearms or pistols)
73New Part 9 heading inserted
74Section 59A amended (Surrender by licensed dealer of firearms, etc)
75New sections 60 to 60B inserted
60Improvement notices
60ATemporary suspension of licence pending possible revocation
60BEffect of temporary suspension of licence
76Section 62 replaced (Right of appeal from official decisions)
62Right of review of official decisions
62AHow review to be conducted
62BRight of appeal to District Court
62CFurther provisions relating to appeals
77Section 64 amended (Appeal on a question of law)
78Cross-heading above section 66 replaced
79New sections 66A to 66D inserted
66ALoss, theft, or destruction of firearm, etc
66BPerson in possession of firearm, etc, must give identifying information to Police
66CPowers of Police to require surrender of airguns or antique firearms
66DObligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc
80Section 69 replaced (Forfeitures)
69Forfeitures
81Section 72A amended (Service of documents)
82Section 74 amended (Regulations)
83New sections 79 to 95 and cross-headings inserted
79Purpose of sections 80 to 86
80Activities that may be subject to cost recovery
81Criteria for cost recovery
82Consultation
83Methods of cost recovery
84Payment of fee or charge
85Exemptions, waivers, and refunds
86Regulations relating to cost recovery
87Guidance notices
88Commissioner’s Firearms Advisory Group
89Operations of advisory group
90Provisions relating to appointment of members of advisory group
91Health practitioners may give Police medical reports of persons unfit to use firearm
92Commissioner to keep registry
93Content of registry
94Obligation to provide information to registry
95Review of this Act
84New Part 2 of Schedule 1 inserted
85Amendments to Extradition Act 1999
86Amendment to Intelligence and Security Act 2017
87Amendment to Mutual Assistance in Criminal Matters Act 1992
88Consequential amendments to other enactments

The Parliament of New Zealand enacts as follows: