Bishop ChrisARMS (FIREARMS PROHIBITION ORDERS) AMENDMENT BILLFirst ReadingCHRIS BISHOP (National—Hutt South): I move That the Arms (Firearms Prohibition Orders) Amendment Bill be now read a first time. I nominate the Justice Committee to consider the bill.This is a member's bill in my name to amend the Arms Act 1983 to provide new powers for police to prevent the most dangerous gang members in our communities from possessing firearms whilst recognising the need to not put unnecessary restrictions on legal gun owners. The bill provides strong new powers for our New Zealand Police to make sure that dangerous gang members in our communities do not have access to or control of firearms. The legislation does this by establishing firearms prohibition orders which will apply to the toughest gang members who hold multiple criminal convictions and who have a history of serious offending.Firearms prohibition orders and gang member restrictions on licences were recommendations of the Law and Order Committee report on the inquiry into issues relating to the illegal possession of firearms in New Zealand in the last Parliament. They were also endorsed by the then Government in its response to the report. The police briefing for the incoming Minister the Hon Stuart Nash provides support for firearms prohibition orders and the briefing offers on behalf of the police to brief the Minister on the possibility of implementing firearms prohibition orders. These orders have been introduced in three states in Australia and are used to proactively manage high-risk individuals and their possession of firearms. This bill that we're debating tonight is modelled closely on the New South Wales version of firearms prohibition orders.I'm sure all members in the House would find it concerning to read daily stories of the increasing firearms activity undertaken by those involved with gangs in New Zealand. Cases that immediately spring to mind are the multiple homicides across Whanganui Hamilton the wider Hamilton region and the Bay of Plenty which police have said are linked to gang activities.Gangs exist to intimidate and when armed with a firearm or weapon that concern is magnified. Too many firearms are ending up in the hands of violent criminal gang members—that has to change. Under this bill if you are a gang member you won't be allowed to own or possess a firearm end of story. The bill reflects the fact that the vast majority of Kiwi hunters farmers and recreational shooters are law-abiding and responsible. They should not be treated the same as gang members who illegally obtain firearms and stow them away to cause harm to our families.I want to assure those who are responsible firearm owners that this bill means onerous unnecessary restrictions will not be placed on them. The bill does not target legal firearm owners and won't impinge on their freedoms. However firearms prohibition orders similar to what they have in New South Wales will widen the powers available to police to search the homes and cars of serious violent gang members for firearms at any time. They will only apply to a very small group of the most dangerous gang offenders who have convictions of firearms offences and serious violence records.The pool of eligible people is based on criteria set out in this legislation in a newly inserted section 59A. This specifies that if someone is a member of a gang and within the last 10 years has been convicted of an offence under the Arms Act the Domestic Violence Act or a serious violent offence in the Sentencing Act the commissioner may put in place a firearms prohibition order. The offending history and the profile of these gang members make it reasonable for police to be able to check that they do not have access to guns ammunition or firearms parts.It's estimated that around 600 gang members will be eligible for a firearms prohibition order but it will be up to the Police Commissioner to determine how to prioritise the most serious offenders within that group. These people may pay no attention to needing a firearms licence so we need to be able to search them to ensure that they don't have access to illegal firearms. The Commissioner of Police will have the power to make an order in respect of these offenders and any decision to make an order will be reviewable by the District Court. That's very important—there is the oversight of the District Court and the judicial system.The Police Commissioner will have to personally sign off each order and any person subject to an order will have the ability to challenge this in court. Currently all warrantless searches require specialist internal reporting and police would be expected to continue reporting searches of persons vehicles and premises under this regime.In the event of a breach of a firearms prohibition order a person who contravenes section 59B(1) in clause 7 will be liable for a term of imprisonment not exceeding five years or in the case where the firearm is a pistol or restricted weapon to a term not exceeding 14 years. In addition to the prohibition on possessing firearms persons must not acquire or possess ammunition. Doing so will ensure they are liable upon conviction for a term of imprisonment not exceeding five years. If a firearms prohibition order has been placed on an individual they're unable to reside at premises where firearms parts or ammunitions are present and contravening this will also see them liable for conviction under the legislation.The violence of gangs illustrated in their intimidation tactics and heightened through their use and possession of firearms is simply not acceptable in New Zealand. Gangs intimidate and incite fear. We want people to feel safe in their communities. Police have said these changes would enhance their ability to control illegal firearms and they have requested stronger safeguards to protect New Zealanders from illegal firearm possession. This bill and the creation of a firearms prohibition order go some way to mitigating the harm caused to our communities by gangs. I note that when this bill was pulled from the ballot earlier in the year the reception from many parts of the community was very warm. It was pleasing to have the support of the Police Association President Chris Cahill and many other people in our community who acknowledged this is a good and sensible amendment to the Arms Act. This is a bill that was recommended by the police and supported by the Police Association. It was recommended by the cross-party select committee that did the extensive inquiry into illegal firearms in the last Parliament. So this is a bill that seeks to implement what the previous parliamentary select committee recommended something that's supported by the Police Association and also by the police. I commend the bill to the House.