Tizard Judith: Arms Amendment Bill (No 3) — First Reading 
Tizard Judith: Arms Amendment Bill (No 3) — First Reading 
[Volume:625;Page:19779] 
Hon JUDITH TIZARD (Minister of Consumer Affairs) 
 on behalf of the 
 Minister of Police 
: I move  
That the Arms Amendment Bill (No 3) be now read a first time. 
 I intend to move that the bill be referred to the Law and Order Committee. This bill amends the Arms Act which has not been significantly amended since 1992. The bill is not inconsistent with the New Zealand Bill of Rights Act. It replaces the previous Arms Amendment Bill (No 2) which was introduced in July 1999 and reported back from the select committee in February 2001 without a recommendation as to whether the bill should proceed. After careful consideration of advice from the New Zealand Police the Government has decided that unlike the previous bill this bill will not include provision for the establishment of a comprehensive firearms registration regime—that is a requirement for firearms owners to apply to the police for the registration of all firearms in their possession. 
There is insignificant evidence to conclude that the benefits of such a registration regime would be justified through benefits to crime prevention and detection. It is not realistic to expect that it would be possible to register all or nearly all of the firearms in New Zealand including those in the possession of the criminal community. Without being able to guarantee that the effectiveness of the registration system is seriously compromised. 
It is already the case that at the time of relicensing with police firearms licence applicants voluntarily allow the recording of details of firearms they possess. This acts as a property-recording device and provides a cross-reference when checking the security arrangements required for firearms. The Arms Amendment Bill (No 3) addresses the minimum legislative requirements for New Zealand compliance with the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms their Parts and Components and Ammunition—the firearms protocol—which supplements the United Nations Convention against Transnational Organized Crime. 
The passage of this bill along with minor amendments to regulations will enable New Zealand to become party to that firearms protocol. Cabinet has authorised New Zealand to deposit an instrument of accession to the protocol subject to the completion of the parliamentary treaty examination process and the passage of implementing legislation. 
The Law and Order Committee has reported back on the protocol. Although it did not reach agreement on whether New Zealand should become a party to the protocol the Government is proceeding with the Bill since the House will be in a better position to judge the matter now that the legislative consequences are being set out in this bill. 
Accession to the protocol is consistent with New Zealand’s involvement in multilateral initiatives against transnational organised crime and its commitment to collective efforts to prevent the illicit trafficking of firearms and combating terrorism. 
In addition to enabling New Zealand to meet international standards set out in the protocol the bill will include a number of amendments to enhance the effectiveness of the Arms Act and to assist the police with their enforcement role in respect of this legislation. Part one of the bill amends definitions in the current Act and extends the range of activities for which a dealer’s licence will be required—for example the hiring out of firearms or the manufacture of ammunition in the course of business. The bill amends provisions relating to the importation of firearms parts of firearms restricted weapons starting pistols and ammunition. 
The current seizure provisions for illegally imported firearms are extended to include ammunition. In the main these provisions relate to the minimum requirements of the firearms protocol. This part also provides that firearms licences will not be issued unless the police are satisfied that the applicant has or has access to secure facilities for the storage of firearms. This will also apply to when firearms owners are seeking the renewal of their licences. 
There is a provision for the police to temporarily suspend a person’s firearms licence when they are considering the revocation of the licence. This is where there are grounds for deciding that a person is no longer a fit and proper person to be in possession of a firearm where the person has not had his or her firearm securely stored or the person has had his or her licence seized by police following a search of that person or that person’s property in relation to criminal activity or suspected criminal activity. This suspension is to prevent the person from acquiring new firearms during the time it takes to process the revocation. 
Part 2 of the bill comprises amendments relating to criminal activity. It creates a new offence of manufacturing by way of business firearms air guns restricted weapons or their parts or ammunition without a dealer’s licence; a new offence of contravening the legal requirements for importing or exporting firearms restricted weapons starting pistols or ammunition; and a new offence of altering falsifying obliterating or removing an identifying mark on a firearm without lawful and sufficient purpose. 
Offences will be punishable by up to 5 years’ imprisonment or by a fine of up to $10000 or both. This will enable the Proceeds of Crime Act and the money-laundering offences in the Crimes Act to apply to these offences. 
There are some new offences relating to the possession for illegal purposes of body armour designed for protection against firearm projectiles. There are increases to some of the maximum penalties under the Arms Act and a new order of the court is established applicable to many of the offences in the Arms Act which is the suspension of a firearms licence a dealer’s licence or an endorsement on a firearms licence. 
Suspensions are to be for a period of at least 3 months as determined by the court. The prospect of losing their licences and firearms for such periods should further discourage firearms licence holders from contravening the Arms Act. 
There is clarification of the current provisions in the Arms Act that relate to searches of property or people and the seizure of firearms air guns imitation firearms restricted weapons ammunition and body armour where the police have reason to suspect that an offence has been or is about to be committed. There is a provision for the seizure of a person’s firearms licence pending suspension prior to revocation. 
There are consequential amendments to the Extradition Act and the Mutual Assistance in Criminal Matters Act so that these Acts apply to the new offences of unlawful manufacturing unlawful trafficking and unlawful modification of firearms markings. A number of technical inconsistencies in the current Arms Act are also remedied. 
The Arms Amendment Bill (No 3) strikes a balance between strengthening New Zealand’s ability to prevent arms being used in transnational crime and minimising the cost of complying with the firearms protocol. It is not a vehicle to introduce a comprehensive domestic firearms registration system; rather it will help ensure that New Zealand has effective control systems and record-keeping for the export import and manufacture of firearms. I expect that many people will make submissions to the committee and this will enable the matters addressed in the bill to be thoroughly canvassed. I commend the bill to the House.