Arms Amendment Act 1992

1: Short Title and commencement
1: This Act may be cited as the Arms Amendment Act 1992, and shall be read together with and deemed part of the Arms Act 1983
2: Except as provided in section 7(2)
2: Interpretation
1: Section 2 antique firearm Antique firearm
a: Any firearm that—
i: Is held in the possession of any person solely as an antique (but not as a copy or replica of an antique); and
ii: Is not designed for firing, and is not capable of firing, rimfire or centrefire cartridge ammunition; or
b: Any firearm declared by regulations made under this Act to be an antique firearm for the purposes of this Act:.
2: Section 2 member of the Police Member of the Police
a: A sworn member of the Police of New Zealand of any rank; and
b: Every non-sworn member of the Police of New Zealand issued, under section 6(2) Police Act 1958 Military style semi-automatic firearm
a: A firearm which, after being loaded, fires, ejects, and chambers a cartridge with each pull of the trigger; but
b: Does not include—
i: A pistol; or
ii: A semi-automatic firearm that, with its magazine (if any), is maintained at all times in a sporting configuration: Part
a: In relation to a pistol, restricted weapon, or military style semi-automatic firearm, includes any thing, such as a butt, stock, magazine, silencer, or sight, which, while not essential for the discharge by a pistol, restricted weapon, or military style semi-automatic firearm of any shot, bullet, missile, or other projectile, is designed or intended to be an integral part of a pistol, restricted weapon, or military style semi-automatic firearm; and
b: In relation to any other firearm, means the action for that firearm:.
3: Section 2 specially dangerous airgun Sporting configuration
a: A folding or telescopic butt:
b: A magazine that is capable of holding, or that, by its appearance, indicates that it is capable of holding,—
i: In the case of a magazine designed to hold .22 inch rimfire cartridges, more than 15 cartridges; or
ii: In any other case, more than 7 cartridges:
c: Bayonet lugs:
d: A military pattern free-standing pistol grip:
e: A flash suppressor: Working day
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
b: A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.
3: Act to bind the Crown
1: Section 3(2) section 2 of the Arms Amendment Act 1989 paragraph (a)
a: By any person in the course of that person's duties as—
i: A member of the New Zealand Defence Force or a member of the Cadet Forces; or
ii: A member of the Police or an armourer employed by the Police; or
iii: An employee of the Institute of Environmental Health and Forensic Sciences Limited; or
iv: An officer or agent of Government Supply Brokerage Corporation (NZ) Limited: .
2: The Arms Amendment Act 1989
4: Gun shows
The principal Act is hereby amended by inserting, after section 7
7A:
1: Notwithstanding anything in sections 6 and 7 of this Act
2: A commissioned officer of Police may give his or her consent under subsection (1) of this section
a: That the licensed dealer will, during the period in respect of which the consent is sought, use the place of business in respect of which the consent is sought only for the purposes of conducting a gun show; and
b: That the security of the place of business in respect of which the consent is sought will be sufficient.
3: Any consent given under subsection (1) of this section subsection (4) of this section
4: It shall be a condition of any consent given under subsection (1) of this section
5: Offence to import firearms or parts of firearms without permit
Section 16 subsection (1)
1: No person shall bring or cause to be brought or sent into New Zealand—
a: Any firearm, pistol, military style semi-automatic firearm, starting pistol, or restricted weapon; or
b: Any parts of a firearm, pistol, military style semi-automatic firearm, starting pistol, or restricted weapon,— otherwise than pursuant to a permit issued to that person by a member of the Police.
6: New sections substituted
The principal Act is hereby amended by repealing sections 18 19
18: Issue of permits to import firearms or parts of firearms
1: Any member of the Police to whom application is made for the issue of a permit for the purposes of section 16(1) of this Act
a: May require the applicant to produce for examination and testing such samples of any firearms, pistols, military style semi-automatic firearms, starting pistols, or restricted weapons of any kind referred to in the application as the member of the Police may consider necessary; and
b: May, in the discretion of that member of the Police, refuse to grant the permit with respect to—
i: Any firearm, pistol, military style semi-automatic firearm, starting pistol, or restricted weapon of any kind; or
ii: Any parts of a firearm, pistol, military style semi-automatic firearm, starting pistol, or restricted weapon of any kind.
2: Without limiting the discretion conferred by subsection (1)(b) of this section section 16(1) of this Act
a: A pistol, military style semi-automatic firearm, or restricted weapon; or
b: Parts of a pistol, military style semi-automatic firearm, or restricted weapon,— shall be granted otherwise than by the Commissioner who shall first be satisfied that there are special reasons why the pistol, military style semi-automatic firearm, or restricted weapon or parts to which the application relates should be allowed into New Zealand.
3: Any permit issued for the purposes of section 16(1) of this Act
4: Any permit issued for the purposes of section 16(1) of this Act
18A: Expiration of permits to import firearms or parts of firearms
Unless sooner revoked under section 18(4) of this Act section 16(1) of this Act
18B: Samples
1: Where an applicant is, pursuant to a requirement made under section 18(1)(a) of this Act
2: Where any firearm, pistol, military style semi-automatic firearm, starting pistol, or restricted weapon which is brought into New Zealand pursuant to a permit issued for the purposes of section 16(1) of this Act
3: If any firearm, pistol, military style semi-automatic firearm, starting pistol, or restricted weapon to which subsection (2) of this section
19: Seizure of illegally imported firearms or parts of firearms
If any member of the Police or officer of the Customs has reasonable grounds to suspect that any firearm or restricted weapon or part of a firearm or restricted weapon has been brought into New Zealand in breach of section 16(1) of this Act section 16(1) of this Act
a: May seize that firearm or restricted weapon or part of a firearm or restricted weapon and detain the same; and
b: In effecting the seizure of that firearm or restricted weapon or part of a firearm or restricted weapon, may use such force as is reasonably necessary.
7: Restrictions on possession of firearms
1: Section 20 subsection (2)
2: The holding of a firearms licence shall not in itself entitle any person to have a pistol or a military style semi-automatic firearm or a restricted weapon in that person's possession.
2: This section shall come into force on the 1st day of May 1993.
8: Application for firearms licence
Section 23
3: A person who is the holder of a firearms licence may, before the expiration of that firearms licence, apply for a new firearms licence.
9: Duration of firearms licence
The principal Act is hereby amended by repealing section 25
25: Every firearms licence shall come into force on a date to be specified in the licence and, unless sooner revoked or surrendered, shall continue in force for the period of 10 years beginning on that date.
10: Domestic violence and firearms licences
The principal Act is hereby amended by inserting, after section 27
27A: Without limiting the generality of sections 24 and 27 of this Act
a: That there are grounds under the Domestic Protection Act 1982
b: That a non-violence order or a non-molestation order is in force under the Domestic Protection Act 1982
11: Application for endorsements in respect of pistol or restricted weapon
Section 29(2) paragraph (e)
e: An approved employee or approved member of any body, being—
i: A broadcaster within the meaning of the Broadcasting Act 1989
ii: A bona fide theatre company or society or cinematic or television film production company or video recording production company; or .
12: Power to make endorsement in respect of pistols or restricted weapons
Section 30(c)(iii) television film or making a video recording
13: New sections inserted
The principal Act is hereby amended by inserting, after section 30
30A: Application for endorsement in respect of military style semi-automatic firearm
1: Any person, being of or over the age of 18 years and being an applicant for a firearms licence or the holder of a firearms licence, may apply at an Arms Office to a member of the Police for an endorsement permitting that person to have possession of a military style semi-automatic firearm.
2: Every application under subsection (1) of this section
3: Every applicant shall permit a member of the Police to take, or to cause to be taken, for the purposes of the application, a photograph or photographs of the applicant.
30B: Power to make endorsement in respect of military style semi-automatic firearm
On receiving an application under section 30A of this Act
14: Possession of firearm, pistol, military style semi-automatic firearm, or restricted weapon for stage, film, or television purposes
The principal Act is hereby amended by repealing section 31
31: Notwithstanding anything in this Act, a person who is not entitled under this Act to have possession of a firearm or pistol or military style semi-automatic firearm or restricted weapon may have possession of that firearm or pistol or military style semi-automatic firearm or restricted weapon for the purpose of making a broadcast or producing or staging a play or filming a cinematic production or television film if—
a: That person is under the immediate supervision of a person who is entitled under this Act to have possession of that firearm or pistol or military style semi-automatic firearm or restricted weapon; and
b: That person has possession of that firearm or pistol or military style semi-automatic firearm or restricted weapon only during the broadcast or the production or staging of the play or the filming of the cinematic production or television film; and
c: That person is not in possession of any ammunition (other than blank ammunition) for the firearm or pistol, or military style semi-automatic firearm or restricted weapon.
15: New sections inserted
The principal Act is hereby amended by inserting, after section 33
33A: Conditions of endorsement in respect of military style semi-automatic firearms
1: It is a condition of every endorsement made under section 30B of this Act
2: Any member of the Police may, on the direction of the Commissioner, impose, as conditions of an endorsement made by that member of the Police under section 30B of this Act subsection (1) of this section
33B: Revocation of endorsement in respect of military style semi-automatic firearms
1: If, in the opinion of a commissioned officer of Police, any person whose licence bears an endorsement made under section 30B of this Act
a: Would not, on an application made under section 30A of this Act
b: Has failed to observe any condition of that endorsement,— that commissioned officer may, by notice in writing signed by that commissioned officer, revoke that endorsement, and that person shall upon demand surrender that person's firearms licence to a member of the Police for cancellation of the endorsement.
2: On the revocation of an endorsement pursuant to this section, the holder of the firearms licence shall cease to be entitled to have possession of a military style semi-automatic firearm, whether or not the firearms licence is surrendered pursuant to subsection (1) of this section
3: The provisions of this section are in addition to the provisions of sections 27 to 28 of this Act
16: Notification of change of address
Section 34(2) pistol or restricted weapon pistol, military style semi-automatic firearm, or restricted weapon
17: New sections inserted
The principal Act is hereby amended by inserting, after section 34 Photographs
34A: Power to require or take photographs of applicants
Regulations made under this Act or a member of the Police may require an applicant for a dealer's licence or an applicant for a firearms licence or a person who applies under section 29(1) or section 29(2) or section 30A or section 36 of this Act
a: To supply, for the purposes of the application, a photograph or photographs of the applicant or person; or
b: To permit a member of the Police to take or to cause to be taken, for the purposes of the application, a photograph or photographs of the applicant or person; or
c: To comply with both paragraph (a) and paragraph (b) of this section
34B: Effect of non-compliance with requirements in relation to photographs or to calling-in of licences
Without limiting the generality of the provisions of sections 5, 9, 24, 27, 29, 30A, 33B, and 36 of this Act
a: Has wilfully failed to comply with any requirements imposed by or under this Act in relation to the affixing to dealers' licences or firearms licences of photographs of licence holders or to the imaging into such licences of such photographs; or
b: Has, on having his or her firearms licence called in by the Commissioner under section 33 of the Arms Amendment Act 1992
18: Issue of permit to procure pistol, military style semi-automatic firearm, or restricted weapon
The principal Act is hereby amended by repealing section 35
35:
1: A permit to procure a pistol, military style semi-automatic firearm, or restricted weapon may be issued only by a member of the Police acting under a direction of the Commissioner.
2: A permit to procure a pistol, military style semi-automatic firearm, or restricted weapon may be issued if the member of the Police to whom the application is made is satisfied—
a: That the person to whom it is issued is a licensed dealer; or
b: That the person to whom it is issued is the holder of a firearms licence that bears an endorsement made under section 30 or section 30B of this Act
3: Every permit issued under this section shall, unless sooner revoked, remain in force for such period, not exceeding 1 month, as may be specified in the permit.
4: Any permit issued under this section may at any time during its currency be revoked by a commissioned officer of Police.
19: Removal of pistol, military style semi-automatic firearm, or restricted weapon out of New Zealand
Section 38 pistol or restricted weapon pistol, military style semi-automatic firearm, or restricted weapon
20: Selling or supplying firearm or airgun to unlicensed person
Section 43
a: By omitting from subsection (1)(a) pistol or restricted weapon pistol, military style semi-automatic firearm, or restricted weapon
b: By omitting from subsection (3)(a) pistol or a restricted weapon pistol, military style semi-automatic firearm, or restricted weapon
21: New sections inserted
The principal Act is hereby amended by inserting, after section 43
43A: Mail order sale of firearm or ammunition
1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who sells by mail order a firearm or any ammunition for a firearm or restricted weapon otherwise than pursuant to a written order—
a: Signed by the purchaser; and
b: Bearing an endorsement signed by a member of the Police and stating that the member of the Police—
i: Has inspected the purchaser's firearms licence; and
ii: Is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition.
2: Nothing in this section applies in relation to—
a: Any pistol, restricted weapon, or military style semi-automatic firearm; or
b: Any ammunition for a firearm to which paragraph (a) or paragraph (b) or paragraph (c) of section 22(1) of this Act
43B: Restriction on sales of ammunition
1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who sells or supplies ammunition for any firearm or restricted weapon to a person who is not—
a: The holder of a firearms licence; or
b: A licensed dealer.
2: In any prosecution for an offence against subsection (1) of this section
a: The holder of a firearms licence; or
b: A licensed dealer,— shall lie on the defendant.
3: It is a good defence to a prosecution for an offence against subsection (1) of this section
a: That the ammunition was supplied to a person for use under the immediate supervision of the holder of a firearms licence; and
b: That at all times while the person to whom the ammunition was supplied was in possession of the ammunition, that person was under the immediate supervision of the holder of a firearms licence.
4: A defendant may, in the case of a prosecution for an offence against subsection (1) of this section subsection (2) of this section
a: The holder of a firearms licence; or
b: A licensed dealer.
5: Nothing in this section applies in relation to any ammunition for a firearm to which paragraph (a) or paragraph (b) or paragraph (c) of section 22(1) of this Act
22: Selling or supplying pistol, military style semi-automatic firearm, or restricted weapon to person who does not hold permit to import or to procure
1: Section 44 subsections (1) (2)
1: Every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who sells or supplies a pistol, military style semi-automatic firearm, or restricted weapon to any person other than a person who is authorised—
a: By a permit issued for the purposes of section 16(1) of this Act
b: By a permit issued under section 35 of this Act
2: In any prosecution for an offence against subsection (1) of this section
a: A permit which was issued for the purposes of section 16(1) of this Act
b: A permit which was issued under section 35 of this Act shall lie on the defendant.
2: Section 44(4) pistol , military style semi-automatic firearm,
23: Carrying or possession of firearms, airguns, pistols, restricted weapons, or explosives, except for lawful, proper, and sufficient purpose
1: Section 45 section 2(1) of the Arms Amendment Act 1987 conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $4,000 conviction on indictment to imprisonment for a term not exceeding 4 years or to a fine not exceeding $5,000
2: Section 2(1) of the Arms Amendment Act 1987
24: Being in charge of firearm, airgun, pistol, or restricted weapon while under influence of drink or drug
Section 47 $ 1,000 $3,000
25: Discharging firearm, airgun, pistol, or restricted weapon in or near dwelling-house or public place
Section 48 $ 1,000 $3,000
26: Unlawful possession of firearm or airgun after revocation of firearms licence
The principal Act is hereby amended by inserting, after section 49
49A: Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $4,000 or to both who, being a person whose firearms licence has been revoked, is in possession of a firearm or airgun at a time when that person is not the holder of a firearms licence, and is not a person authorised, expressly or by implication, by or pursuant to this Act, to be in possession of that firearm or airgun.
27: Unlawful possession of pistol, military style semi-automatic firearm, or restricted weapon
1: Section 50(1)
c: Is in possession of a military style semi-automatic firearm and is not a person authorised or permitted, expressly or by implication, by or pursuant to this Act, to be in possession of that military style semi-automatic firearm.
2: Section 50 subsection (3)
3: In any prosecution for an offence against subsection (1) of this section
28: Right of appeal from official decisions
1: Section 62(1)(a) subparagraph (i)
ia: Consent under section 7A of this Act .
2: Section 62(1)(a) subparagraphs (iv) (v)
iv: An endorsement under section 30 or section 30B or section 36 of this Act
v: A permit under section 35 of this Act .
3: Section 62(1)(b) subparagraphs (iv) (v)
iv: Endorsement under section 30 or section 30B or section 36 of this Act
v: Permit, under section 35 of this Act .
29: Search of suspected persons and seizure of firearms in cases of domestic violence
The principal Act is hereby amended by inserting, after section 60
60A: If any member of the Police has reasonable grounds to suspect, in relation to any person,—
a: That that person has in that person's possession or under that person's control in any place any firearm, airgun, pistol, restricted weapon, ammunition, or explosive; and
b: Either—
i: That there are grounds under the Domestic Protection Act 1982
ii: That a non-violence order or a non-molestation order is in force under the Domestic Protection Act 1982 the member of the Police may, without warrant, exercise the powers specified in paragraphs (a) to (c) of subsection (2) of section 60 of this Act subsections (3) and (4) of that section
30: Service of documents
The principal Act is hereby amended by inserting, after section 72
72A:
1: Any notice or other document required or authorised by this Act to be served on or given to any person shall be in writing and shall be sufficiently served on or given to that person if it is—
a: Delivered to that person; or
b: Left at that person's usual or last known place of abode or business or at an address specified by that person for the purpose of any application made under this Act; or
c: Posted in a letter addressed to that person by name at that person's last known place of abode or business or at an address specified by that person for the purpose of any application made under this Act.
2: Without limiting the provisions of subsection (1) of this section
a: To any person appearing to have attained the age of 16 years and to be residing at the place of residence of that person; or
b: To any solicitor or other agent of that person who is duly authorised by that person to receive the same.
3: If the person is deceased, the notice or other document may be served on or given to that person's personal representatives.
4: If the person is absent from New Zealand and his or her place of abode or business outside New Zealand is not known to the person by whom the notice or other document is to be served or given, the notice or other document shall (unless it can be served on or given to an agent in New Zealand of the person who is absent from New Zealand) be served or given in such manner as may be directed by an order of a District Court.
5: Where any notice or other document is sent by post in accordance with subsection (1)(c) of this section
a: It shall, if sent to an address in New Zealand, be deemed, in the absence of evidence to the contrary, to have been served or given on the 4th working day after the date on which it was posted; and
b: It shall, if sent to an address outside New Zealand, be deemed in the absence of evidence to the contrary, to have been served or given on the 60th working day after the date on which it was posted; and
c: In proving service, it shall be sufficient to prove that the letter was properly addressed and posted.
6: Notwithstanding anything in the foregoing provisions of this section, a District Court may in any case make an order directing the manner in which any notice or other document is to be served or given, or dispensing with the service or giving thereof.
7: This section does not apply to notices or other documents served or given in any proceedings in any Court.
31: Regulations
1: Section 74(1) paragraph (b)
ba: Providing for photographs of licence holders to be affixed to or imaged into dealers licences or firearms licences or both and prescribing requirements in relation to those photographs: .
2: Section 74(1) paragraph (l)
la: Declaring any firearm to be an antique firearm for the purposes of this Act: .
3: Section 74(1)(o) ammunition or parts of firearms or restricted weapons Transitional provisions
32: Duration of existing firearms licences
Every firearms licence in force on the 1st day of November 1992 shall, unless sooner cancelled, revoked, or surrendered, expire with the close of the 31st day of October 2002.
33: Calling-in of existing firearms licences
1: At any time before the close of the 31st day of October 2002, the Commissioner may, by notice given to any person who was on the 1st day of November 1992 the holder of a firearms licence, call in that person's firearms licence.
2: Where any person who was the holder of a firearms licence on the 1st day of November 1992 is given a notice under subsection (1) section 34 35
3: The notice shall, among other things, inform the licence holder of the substance of section 34B section 38
34: Surrender of firearms licences
If the holder of the firearms licence does not wish to continue to be the holder of a firearms licence, he or she shall surrender his or her firearms licence by delivering it or causing it to be delivered to a member of the Police at an Arms Office.
35: Applications for new firearms licences
1: If the holder of the firearms licence wishes to continue to be the holder of a firearms licence, he or she—
a: Shall attend in person at an Arms Office and there deliver to a member of the Police—
i: The holder's firearms licence or a letter explaining why the holder is unable to deliver his or her firearms licence; and
ii: Two photographs of the holder of the firearms licence; and
b: Shall, at the same time as he or she complies with paragraph (a)
i: An application for a new firearms licence; and
ii: Such applications (if any) as are required under any of the provisions of sections 29(1) 29(2) 30A(1) 36
2: The photographs of the holder of the firearms licence (which shall be identical) shall comply with such other requirements (including requirements as to size) as are specified in the notice.
36: Re-issue of firearms licences
Where a person who was the holder of a firearms licence on the 1st day of November 1992 and who wishes to continue to be the holder of a firearms licence complies with section 35 section 33(1) section 24(2) section 37(2)
37: Photographs of holders of firearms licences or dealers' licences
1: Every member of the Police who issues a firearms licence or a dealers' licence on or after the 1st day of November 1992 shall ensure that a photograph of the holder of the licence is affixed to or imaged into the licence.
2: Notwithstanding that an applicant for a firearms licence or a dealers' licence, or a person to whom a notice has been given under section 33(1)
3: Every notice given to a person under subsection (2)
38: Effect of failure to respond to calling-in of firearms licence
1: Where a notice under section 33(1) section 34 35
2: Where a licence is deemed to be revoked by subsection (1)
39: Power to reinstate licences deemed to be revoked
1: Notwithstanding anything in section 38 section 38(1)
a: That person did not receive the notice sent to that person under section 33(1)
b: That person has a reasonable excuse for failing to comply with section 35 that member of the Police may direct that that person's firearms licence be reinstated as from the time when it was deemed to be revoked.
2: No member of the Police shall give a direction under subsection (1)
a: That firearms licence or a letter explaining why that person is unable to produce that firearms licence; or
b: The photographs required by that notice.
3: Where a firearms licence is reinstated under subsection (1) section 36 sections 36 37