Arms Act 1983

1: Short Title and commencement
1: This Act may be cited as the Arms Act 1983.
2: This Act shall come into force on 1 June 1984.
1: Preliminary provisions
Part 1 heading inserted 25 June 2020 section 5 Arms Legislation Act 2020
1A: Purposes of this Act
1: The purposes of this Act are to—
a: promote the safe possession and use of firearms and other weapons; and
b: impose controls on the possession and use of firearms and other weapons.
2: The regulatory regime established by this Act to achieve those purposes reflects the following principles:
a: that the possession and use of arms is a privilege; and
b: that persons authorised to import, manufacture, supply, sell, possess, or use arms have a responsibility to act in the interests of personal and public safety. Section 1A inserted 25 June 2020 section 5 Arms Legislation Act 2020
2: Interpretation
1: In this Act, unless the context otherwise requires,— airgun
a: any air rifle; and
b: any air pistol; and
c: any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged air pistol carbine conversion kit
a: means a frame or kit that may be used to convert an air pistol that is designed or adapted to be held and fired with 1 hand into an airgun that may be fired from the shoulder; but
b: does not include a pistol carbine conversion kit ammunition seller
a: means a person who is responsible for the day-to-day management of a business that includes selling or supplying ammunition; but
b: does not include—
i: a licensed dealer; and
ii: a member of a shooting club, if the member sells ammunition—
A: to a club member, or on club premises, with the approval of the management committee of the club or a majority vote of club members; and
B: the sales revenue is used for the benefit of the club anti-personnel mine section 3 antique firearm
a: means—
i: any firearm that—
A: is held in the possession of any person solely as an antique (but not as a copy or replica of an antique); and
B: is not designed for firing, and is not capable of firing, rimfire or centrefire cartridge ammunition; or
ii: any firearm declared by regulations made under this Act to be an antique firearm for the purposes of this Act; but
b: does not include any firearm manufactured after 1899 arms item
a: firearms (including prohibited firearms):
b: magazines (including prohibited magazines):
c: parts (including prohibited parts):
d: airguns:
e: pistols:
f: restricted weapons:
g: pistol carbine conversion kits blank-firing gun
a: means anything that—
i: has the shape of a firearm or restricted weapon, or otherwise resembles a firearm or restricted weapon; and
ii: is capable of firing blank cartridges, but incapable of discharging any shot, bullet, missile, or other projectile; and
b: includes a starting pistol that fires a blank cartridge or a cap cluster munition section 6 Commissioner Customs officer section 5(1) dealer activity section 5(1) exempt person section 4A(1) or described in section 4A(1A), (1B), or (1C) explosive
a: means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and
b: without limiting paragraph (a), includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
c: without limiting paragraph (a) or paragraph (b), includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and
d: does not include any firework as defined in section 2 firearm
a: means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
b: includes—
i: anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and
ii: anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and
iii: anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and
iv: any specially dangerous airgun firearms licence section 24 firearms prohibition order FPO section 39A health practitioner Mental Health (Compulsory Assessment and Treatment) Act 1992 imitation firearm improvement notice section 60 kea gun licensed dealer manufacture member of the Police section 4 non-prohibited ammunition non-prohibited firearm
a: a prohibited firearm; or
b: a pistol; or
c: a restricted weapon non-prohibited magazine non-prohibited part part
a: means—
i: any component that, of itself, is essential to the discharge of any shot, bullet, missile, or other projectile from the firearm or restricted weapon; and
ii: any component that is exclusively designed to be, or is intended to be, an integral part of the firearm or restricted weapon (for example, a butt, stock, magazine, or other component that feeds or contributes to feeding ammunition to the firearm or restricted weapon); and
b: includes the following components or accessories that can be fitted to, or adapted to fit, a firearm or restricted weapon:
i: grips:
ii: frames:
iii: chassis systems:
iv: magazine adapters:
v: magazine couplers:
vi: magazine loaders:
vii: flash suppressors:
viii: silencers:
ix: folding or telescoping stocks; but
c: does not include the following:
i: pistol carbine conversion kits:
ii: air pistol carbine conversion kits pistol pistol carbine conversion kit
a: means a frame or kit that may be used to convert a pistol (not being an air pistol) that is designed or adapted to be held and fired with 1 hand and that has an overall length of no more than 400 millimetres into a firearm that may be fired from the shoulder; and
b: includes a frame or kit described in paragraph (a) that is also capable of being used as an air pistol carbine conversion kit prohibited ammunition section 2D prohibited firearm section 2A prohibited item prohibited magazine section 2B prohibited part section 2C public place section 2 registry section 93 restricted airgun
a: without any of the attachments with which it is customarily used, has the appearance of being a pistol, prohibited firearm, or restricted weapon
b: with some or all of the attachments with which it is customarily used, has the appearance of being a pistol, prohibited firearm, or restricted weapon
c: is designed for use in airsoft or paintball sports and,—
i: without any of the attachments with which it is customarily used, has the appearance of being a firearm capable of full automatic fire; or
ii: with some or all of the attachments with which it is customarily used, has the appearance of being a firearm capable of full automatic fire restricted weapon section 4 sale
a: barter; and
b: offering or attempting to sell, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and to sell semi-automatic firearm
a: fires a cartridge and ejects its case; and
b: (unless all cartridges loaded have been fired) chambers another cartridge semi-automatic pistol
a: fires a cartridge and ejects the cartridge case; and
b: automatically loads another cartridge in the firearm’s chamber (unless all loaded cartridges have been fired) senior manager shooting club section 38A small semi-automatic pistol
a: has an overall length of 400 millimetres or less, excluding any silencer, pistol carbine conversion kit, or other muzzle-fitting attachment; and
b: has a barrel length of 101 millimetres or more; and
c: is capable of firing specified ammunition only at a muzzle velocity of 1,600 feet per second or less; and
d: is suitable for shooting on a certified pistol range specially dangerous airgun section 4 specified ammunition theatrical armourer section 30(1)﻿(c) 30B(3)
a: firearms:
b: prohibited magazines:
c: restricted weapons visitor working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: For the purposes of the definition of restricted airgun prohibited firearm, prohibited firearm, 1958 No 21 s 2; 1966 No 18 s 2; 1968 No 21 s 2(1); 1971 No 46 s 2; 1974 No 68 s 2; 1976 No 151 s 2; SR 1959/5 r 2; SR 1964/32 r 2; SR 1976/143 r 9(2) Section 2(1) air pistol carbine conversion kit inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) ammunition seller inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) anti-personnel mine inserted 9 December 1998 section 28 Anti-Personnel Mines Prohibition Act 1998 Section 2(1) antique firearm replaced 25 June 2020 section 6(2) Arms Legislation Act 2020 Section 2(1) arms item inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) arms office repealed 25 June 2020 section 6(3) Arms Legislation Act 2020 Section 2(1) blank-firing gun inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) cluster munition inserted 1 August 2010 section 20(2) Cluster Munitions Prohibition Act 2009 Section 2(1) Customs officer inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) dealer activity inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) exempt person inserted 12 April 2019 section 4(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) exempt person amended 25 June 2020 section 6(4) Arms Legislation Act 2020 Section 2(1) explosive substituted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 2(1) firearms prohibition order FPO inserted 15 November 2022 section 4 Firearms Prohibition Orders Legislation Act 2022 Section 2(1) health practitioner inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) improvement notice inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) manufacture inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) member of the Police substituted 1 October 2008 section 130(1) Policing Act 2008 Section 2(1) military style semi-automatic firearm repealed 12 April 2019 section 4(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) non-prohibited ammunition inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) non-prohibited firearm inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) non-prohibited magazine inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) non-prohibited part inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) part replaced 25 June 2020 section 6(5) Arms Legislation Act 2020 Section 2(1) pistol replaced 25 June 2020 section 6(6) Arms Legislation Act 2020 Section 2(1) pistol carbine conversion kit inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) prohibited ammunition inserted 12 April 2019 section 4(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) prohibited firearm inserted 12 April 2019 section 4(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) prohibited item inserted 12 April 2019 section 4(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) prohibited magazine inserted 12 April 2019 section 4(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) prohibited part inserted 12 April 2019 section 4(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) registry inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) restricted airgun inserted 11 December 2013 section 4(1) Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 Section 2(1) restricted airgun amended 12 April 2019 section 4(4) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) restricted airgun amended 12 April 2019 section 4(4) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2(1) semi-automatic firearm inserted 11 December 2013 section 4(1) Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 Section 2(1) semi-automatic pistol inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) senior manager inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) shooting club inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) small semi-automatic pistol inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) specified ammunition inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) sporting configuration repealed 11 December 2013 section 4(1) Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 Section 2(1) theatrical armourer inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) visitor inserted 25 June 2020 section 6(1) Arms Legislation Act 2020 Section 2(1) working day added 1 November 1992 section 2(3) Arms Amendment Act 1992 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2) inserted 11 December 2013 section 4(2) Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012 Section 2(2) amended 12 April 2019 section 4(5) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
2A: Meaning of prohibited firearm
1: In this Act, unless the context otherwise requires, prohibited firearm
a: means any of the following firearms:
i: a semi-automatic firearm, other than—
A: a specified semi-automatic firearm:
B: a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size:
C: a small semi-automatic pistol:
D: a semi-automatic pistol (not being a small semi-automatic pistol) in the possession or under the control of a person referred to in subsection (3):
ii: a pump-action shotgun that is capable of being used with a detachable magazine:
iii: a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size:
iv: a centrefire pump-action rifle that is capable of being used with a detachable magazine:
v: a centrefire pump-action rifle that has 1 or more non-detachable magazines (tubular or otherwise) that are capable of holding more than 10 cartridges commensurate with that firearm’s chamber size; and
b: includes any other firearm declared by Order in Council made under section 74A
2: In subsection (1)﻿(a)﻿(i)﻿(A), specified semi-automatic firearm
a: that is capable of firing only 0.22 calibre or lower rimfire cartridges; and
b: that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with the firearm’s chamber size; and
c: that does not have a lower receiver that is able to be attached to a centrefire upper receiver so as to result in a firearm that is able to function.
3: For the purposes of subsection (1)﻿(a)﻿(i)﻿(D), the person is a person who—
a: has a firearms licence that bears an endorsement made under section 30 section 29(2)﻿(b), (c), (d), or (e)
b: has been issued with a permit to import the pistol (under section 18 section 35 Section 2A replaced 25 June 2020 section 7 Arms Legislation Act 2020
2B: Meaning of prohibited magazine
In this Act, unless the context otherwise requires, prohibited magazine
a: in relation to a shotgun, means a magazine, whether or not detachable, that is capable of holding more than 5 cartridges commensurate with that shotgun’s chamber size:
b: in relation to any other firearm (except a pistol described in section 2A(1)﻿(a)﻿(i)﻿(C) or (D)
i: means any detachable magazine—
A: that is capable of holding 0.22 calibre or lower rimfire cartridges and that is capable of holding more than 10 of those cartridges:
B: that is capable of holding more than 10 cartridges and being used with a semi-automatic or fully automatic firearm:
ii: means any other magazine, whether or not detachable, that is capable of holding more than 10 cartridges:
c: includes any other magazine declared by Order in Council made under section 74A Section 2B inserted 12 April 2019 section 5 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 2B(b) amended 25 June 2020 section 8 Arms Legislation Act 2020
2C: Meaning of prohibited part
In this Act, unless the context otherwise requires, prohibited part
a: a part of a prohibited firearm:
b: a component that can be applied to enable, or take significant steps towards enabling, a firearm to be fired with, or near to, a semi-automatic or automatic action. Section 2C inserted 12 April 2019 section 5 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
2D: Meaning of prohibited ammunition
In this Act, prohibited ammunition section 74A Section 2D inserted 12 April 2019 section 5 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
3: Act to bind the Crown
1: Subject to subsections (2) and (3), this Act binds the Crown.
2: Nothing in this Act renders unlawful the carriage or possession of arms items,
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
ia: a member of a visiting force under the Visiting Forces Act 2004
ii: a member of the Police or an armourer employed or engaged
iii: a person employed by the Police to provide firearms training to members of the Police; or
iv: an officer as defined by section 4
iva: an officer as defined by section 7
v: a person authorised by the Commissioner or the Chief of Defence Force to provide training to members of their respective organisations referred to in this paragraph in the use of any arms item, ammunition, or explosive; or
va: a civilian employee of the Ministry of Defence, so long as the person carries or possesses any firearms or other items regulated by or under this Act under the direct supervision of a member of the New Zealand Defence Force; or
vb: a Customs officer; or
vi: an employee of the body that, immediately before the commencement of the Arms Amendment Act 2000
vii: a person working in any forensic laboratory or facility that provides forensic services to the Police:
ab: by a member of the New Zealand Defence Force or a member of the Police in the course of exercising any power or performing any function under the Customs and Excise Act 2018
ac: by a member of the New Zealand Defence Force or a constable who is an enforcement officer as defined in section 4(1)
b: by any other person authorised pursuant to regulations made under this Act to carry or possess arms items,
3: Nothing in this Act renders unlawful—
a: the importation by the Crown of arms items,
aa: the importation or possession by any agent of the Crown of arms items, ammunition, or explosives imported on behalf of the Crown, so long as the importation or possession is within the scope of the agent’s written authority; or
ab: the manufacture by the Crown, or on behalf of the Crown by any agent of the Crown, of any arms items, ammunition, or explosives, so long as any assembly or manufacture by an agent is within the scope of the agent’s written authority; or
b: the sale or supply by the Crown or to the Crown of arms items,
4: Nothing in this Act makes unlawful the importation, carriage, or possession of any firearm or other item regulated by or under this Act by any person who is a visiting law enforcement officer from another country and is authorised by the Commissioner to import the firearm or other item into New Zealand or to carry or possess the firearm or other item while in New Zealand.
5: The following requirements of this Act do not apply in relation to any arms items, ammunition, or explosives, or other items regulated by or under this Act that are owned by the Crown, except to the extent provided by regulations made under section 74
a: any requirement to notify or report any event or circumstance to the Police:
b: any requirement to mark any firearm or other item with an identifying marking:
c: any requirement to provide any particulars to the Police for inclusion in the registry:
d: any requirement to record any particulars, whether in the registry or elsewhere.
6: Except with the leave of the Attorney-General, no prosecution for any of the following offences may be commenced or continued against any constable in respect of any act they commit at a time or during a period when they are acting as an undercover officer:
a: an offence against section 42A 42B 55D 55E 55F 55G
b: an offence of conspiring to commit an offence against section 42A 42B 55D 55E 55F 55G
c: an offence of attempting to commit an offence against section 42A 42B 55D 55E 55F 55G
7: In subsection (6), undercover officer
a: means a constable whose identity is for the time being concealed for the purpose of a particular investigation of any suspected offence against any of sections 42A 42B 55D 55E 55F 55G
b: includes any other constable who is for the time being directing or assisting that constable in the course of that investigation.
8: A certificate signed by the Commissioner to the effect that, at any specified time or during any specified period, the constable named in the certificate was acting as an undercover officer is, for the purposes of subsection (6), conclusive evidence of that fact. 1958 No 21 s 26; 1974 No 68 s 9 Section 3(2) amended 25 June 2020 section 9(1) Arms Legislation Act 2020 Section 3(2)﻿(a) substituted 15 November 2000 section 3 Arms Amendment Act 2000 Section 3(2)﻿(a)﻿(ia) inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 3(2)﻿(a)﻿(ii) amended 25 June 2020 section 9(2) Arms Legislation Act 2020 Section 3(2)﻿(a)﻿(iva) inserted 1 August 2010 section 20(3) Cluster Munitions Prohibition Act 2009 Section 3(2)﻿(a)﻿(v) replaced 25 June 2020 section 9(3) Arms Legislation Act 2020 Section 3(2)﻿(a)﻿(va) inserted 25 June 2020 section 9(3) Arms Legislation Act 2020 Section 3(2)﻿(a)﻿(vb) inserted 25 June 2020 section 9(3) Arms Legislation Act 2020 Section 3(2)﻿(ab) inserted 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(2)﻿(ac) inserted 21 May 2022 section 48 Maritime Powers Act 2022 Section 3(2)﻿(b) amended 25 June 2020 section 9(4) Arms Legislation Act 2020 Section 3(3)﻿(a) amended 25 June 2020 section 9(5) Arms Legislation Act 2020 Section 3(3)﻿(aa) inserted 25 June 2020 section 9(6) Arms Legislation Act 2020 Section 3(3)﻿(ab) inserted 25 June 2020 section 9(6) Arms Legislation Act 2020 Section 3(3)﻿(b) amended 25 June 2020 section 9(5) Arms Legislation Act 2020 Section 3(4) inserted 25 June 2020 section 9(7) Arms Legislation Act 2020 Section 3(5) inserted 25 June 2020 section 9(7) Arms Legislation Act 2020 Section 3(6) replaced 15 November 2022 section 5(1) Firearms Prohibition Orders Legislation Act 2022 Section 3(7) inserted 25 June 2020 section 9(7) Arms Legislation Act 2020 Section 3(7)﻿(a) amended 15 November 2022 section 5(2) Firearms Prohibition Orders Legislation Act 2022 Section 3(8) inserted 25 June 2020 section 9(7) Arms Legislation Act 2020
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 3A inserted 12 April 2019 section 7 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
4: Power to declare weapons to be restricted weapons or specially dangerous airguns
1: For the purposes of this Act, the Governor-General may from time to time, by Order in Council, declare—
a: any weapon (including an airgun) to be a restricted weapon; or
b: any airgun to be a specially dangerous airgun.
2: Any Order in Council made under this section may relate to any weapon or airgun specified by its name or trade name, or to any class of weapons or airguns identified by a description of that class.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
4A: Persons who may apply to import,
manufacture,
1: Only the following persons may apply to import, sell, supply, possess, or use a prohibited item in accordance with the provisions of this Act and in their capacity as—
a: a licensed dealer
b: a bona fide collector of firearms:
c: a person to whom the prohibited item has special significance as an heirloom or a memento:
d: a director or curator of a bona fide museum:
e: an approved employee or approved member referred to in section 29(2)﻿(e)
f: a person who is employed or engaged by the Department of Conservation and involved in operations for the purpose of controlling wild animals or animal pests in accordance with a specified Act (subject to prescribed limits, if any):
g: a person who is the holder of a concession granted by the Minister of Conservation to undertake wild animal recovery operations in accordance with a specified Act (subject to prescribed limits, if any):
h: a person who is employed or engaged by a management agency as defined in section 100
i: a person whose sole business, or a substantial part of whose business, is providing services to control any prescribed wild animals or animal pests, or a person employed or engaged by that person for that purpose (subject to prescribed limits, if any):
j: a person who is the owner or manager, or is an employee, of an agricultural, a horticultural, or a silvicultural business, if there is a real possibility that the commercial viability of the business would be detrimentally affected to a significant extent by the presence of prescribed wild animals or animal pests on any land used for that business (subject to prescribed limits, if any).
1A: A person who before 12 April 2019 was in the business of manufacturing prohibited parts for the purposes of permitted supply is an exempt person in their capacity as a manufacturing business if the person continues, for the purposes of permitted supply, to manufacture prohibited parts.
1B: A person who before 12 April 2019 was in the business of permitted supply is an exempt person in their capacity as a permitted supply business if the person continues, for the purposes of carrying out permitted supply, to use prohibited items to test and demonstrate prohibited parts.
1C: A person employed or engaged by a person referred to in subsection (1A) or (1B) is an exempt person for the purpose of carrying out their duties in accordance with their contract of employment or engagement.
2: In subsection (1)﻿(f) and (g), specified Act
a: the Wildlife Act 1953
b: the Wild Animal Control Act 1977
c: the Conservation Act 1987
d: the Biosecurity Act 1993
3: In this section, permitted supply
a: the supply of prohibited parts to the Crown that is permitted under section 3(2) or (3)
b: the export of prohibited parts to any person that is permitted or authorised under the Customs and Excise Act 2018
c: the supply of prohibited parts to other persons expressly permitted or authorised under this Act to possess prohibited parts (other than by clause 5 Section 4A inserted 12 April 2019 section 8 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 4A heading amended 25 June 2020 section 10(1) Arms Legislation Act 2020 Section 4A(1)﻿(a) amended 25 June 2020 section 10(2) Arms Legislation Act 2020 Section 4A(1)﻿(j) inserted 25 June 2020 section 10(3) Arms Legislation Act 2020 Section 4A(1A) inserted 25 June 2020 section 10(4) Arms Legislation Act 2020 Section 4A(1B) inserted 25 June 2020 section 10(4) Arms Legislation Act 2020 Section 4A(1C) inserted 25 June 2020 section 10(4) Arms Legislation Act 2020 Section 4A(3) inserted 25 June 2020 section 10(5) Arms Legislation Act 2020
2: Licensed dealers
Part 2 heading inserted 25 June 2020 section 11 Arms Legislation Act 2020 Licensed dealers Heading repealed 25 June 2020 section 11 Arms Legislation Act 2020
5: Dealers to be licensed
1: A person other than a body corporate must not carry on any of the following activities in relation to a class of arms items without a dealer’s licence that authorises the person to carry on the activity in relation to that class of arms items:
a: the business of selling, hiring, lending, or otherwise supplying a class of arms items:
b: possessing, for the purposes of an auction, a class of arms items:
c: the business of repairing or modifying a class of arms items:
d: displaying, as the director or curator of a bona fide museum, a class of arms items:
e: the business of manufacturing for sale, hire, lending, or other supply a class of arms items:
f: manufacturing (for the purposes of permitted supply (as defined in section 4A(3)
2: A body corporate must not carry on any of the activities specified in subsection (1) in relation to a class of arms items unless a senior manager of the body corporate has a dealer’s licence authorising the senior manager to carry on the activities in relation to the class of arms items on behalf of the body corporate.
3: Despite subsections (1) and (2), a dealer’s licence is not required for the following activities:
a: commercial hunting guide services by a firearms licence holder who during the provision of those services supplies no more than 6 firearms to 1 or more clients:
b: the selling, hiring, lending, or supplying of firearms by a member of a shooting club, if the member—
i: sells, hires, lends, or supplies firearms to a club member, or on club premises, with the approval of the management committee of the club or a majority vote of club members; and
ii: the revenue from the sale, hire, lending, or supply of the firearms is used for the benefit of the club.
4: A dealer’s licence may not be issued for the carrying on of any of the activities specified in subsection (1) in relation to—
a: anti-personnel mines; or
b: cluster munitions.
5: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes this section. Section 5 replaced 24 June 2021 section 12 Arms Legislation Act 2020
5A: Application for dealer’s licence
1: An application for a dealer’s licence must—
a: be made on a form provided by a member of the Police, or in any way approved by a member of the Police; and
b: specify—
i: the dealer activities for which the dealer’s licence is sought; and
ii: the class or classes of arms items in respect of which those activities will be carried on; and
iii: the place of business from which the dealer activities will be carried on; and
iv: if the dealer intends to operate from 2 or more places of business, the name of the manager of each place of business and the address of each place of business.
2: An application for a dealer’s licence to carry on or manage the dealer activity specified in section 5(1)﻿(e) section 4A(1A)
3: An application for a dealer’s licence to carry on the dealer activity specified in section 5(1)﻿(f) section 4A(1A) Section 5A inserted 24 June 2021 section 12 Arms Legislation Act 2020
5B: Issue of dealer’s licence
1: A commissioned officer of Police may issue a dealer’s licence to an applicant authorising the applicant to carry on 1 or more dealer activities in respect of 1 or more classes of arms items if—
a: the applicant holds a firearms licence; and
b: the commissioned officer of Police is satisfied that—
i: the applicant is a fit and proper person to carry on the dealer activity or activities; and
ii: in each place of business from which the dealer activity or activities are being carried on there are secure storage facilities appropriate for the class and number of arms items and any ammunition that may be possessed in the course of carrying on the dealer activity or activities.
2: A dealer’s licence that is issued to an applicant for the carrying on of a dealer activity in respect of any of the following classes of arms items must bear an appropriate endorsement made under section 30 30B
a: prohibited firearms:
b: prohibited magazines:
c: pistols:
d: restricted weapons:
e: pistol carbine conversion kits.
3: A dealer’s licence is personal to the person to whom it is issued, may not be transferred to any other person, and must specify—
a: the dealer activity or activities the person may carry on; and
b: the class or classes of arms items in respect of which that activity or those activities may be carried on.
4: However, if the person to whom a dealer’s licence is issued is a senior manager of a body corporate, the senior manager may, on behalf of the body corporate, carry out the dealer activities specified in the dealer’s licence in relation to the class or classes of arms items specified in the dealer’s licence. Section 5B inserted 24 June 2021 section 12 Arms Legislation Act 2020
5C: On-site theatrical armourers to supervise firearms use in certain cases
1: This section applies if a holder of a dealer’s licence hires out firearms for use by a bona fide theatre company or society or cinematic or television film production company or video recording production company.
2: The use of those firearms by members of the company or society must be supervised by an on-site theatrical armourer. Section 5C inserted 25 June 2020 section 12 Arms Legislation Act 2020
6: Fit and proper person to hold dealer’s licence
In deciding whether, for the purposes of section 5B(1)﻿(b)﻿(i)
a: must take into account the character and reputation of the applicant, and whether the applicant—
i: has the competencies and resources to carry on the dealer activity or activities for which the dealer’s licence is sought; and
ii: has any convictions; and
iii: has a sound knowledge of firearms; and
iv: understands the legal obligations of a holder of a dealer’s licence; and
v: understands the legal obligations of a holder of a firearms licence, including an understanding of the endorsements that may be made on a firearms licence, and is able to provide advice on those obligations; and
b: in the case of an applicant who is a senior manager of a body corporate, and who, in reliance on section 5(2)
i: the body corporate has appropriate record-keeping systems and other systems to comply with the requirements of this Act and any regulations made under this Act; and
ii: if the body corporate operates from 2 or more places of business, there will be, at each of those places, a manager who has appropriate oversight and control of the proposed dealer activity or activities to be carried on at that place; and
c: may take into account any other matters the commissioned officer of Police considers relevant. Section 6 replaced 24 June 2021 section 12 Arms Legislation Act 2020
6A: Conditions of dealer’s licence
1: Every dealer’s licence is issued subject to the conditions that any person who is in possession of a pistol, pistol carbine conversion kit,
a: produce that pistol, pistol carbine conversion kit,
b: permit the member of the Police to inspect the pistol, pistol carbine conversion kit,
2: It is the duty of every member of the Police exercising any power conferred by subsection (1)—
a: to identify themselves to the person in possession of the pistol, pistol carbine conversion kit,
b: to tell the person in possession of the pistol, pistol carbine conversion kit,
c: if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police. Section 6A inserted 12 April 2019 section 10 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 6A(1) amended 25 June 2020 section 13(1) Arms Legislation Act 2020 Section 6A(1)﻿(a) amended 25 June 2020 section 13(2) Arms Legislation Act 2020 Section 6A(1)﻿(b) amended 25 June 2020 section 13(3) Arms Legislation Act 2020 Section 6A(2)﻿(a) amended 25 June 2020 section 13(4) Arms Legislation Act 2020 Section 6A(2)﻿(b) amended 25 June 2020 section 13(4) Arms Legislation Act 2020
6B: Special condition of dealer’s licence relating to manufacture of firearms, etc
1: Every dealer’s licence issued for the purpose of carrying on a dealer activity relating to the manufacture for sale, hire, lending, or other supply of any of the following classes of items is issued subject to the condition in subsection (2):
a: pistols:
b: restricted weapons:
c: pistol carbine conversion kits:
d: air pistol carbine conversion kits.
2: Before manufacturing any class of items referred to in subsection (1), a dealer must—
a: apply to the Commissioner for approval to manufacture that class of item, stating in the application the number of items intended to be manufactured; and
b: obtain the Commissioner’s written approval for the manufacture of that class of item.
3: The Commissioner, before approving the manufacture of any class of items specified in subsection (1)﻿(a), (b), or (c), must be satisfied that there are special reasons why the items that are proposed to be manufactured should be in New Zealand.
4: The Commissioner must, before approving the manufacture of air pistol carbine conversion kits, also be satisfied that the kits are for the personal use of a member of an airsoft or paintball club that is affiliated with a national airsoft or paintball organisation. Section 6B inserted 24 June 2021 section 14 Arms Legislation Act 2020
6C: Breach of conditions to which dealer’s licence is subject
A dealer who breaches a condition that their dealer’s licence is subject to under section 6A 6B
a: be issued with an improvement notice under section 60
b: have their dealer’s licence temporarily suspended under section 60A see section 60C Section 6C inserted 24 June 2021 section 14 Arms Legislation Act 2020
7: Place of business
1: A dealer’s licence may be issued in respect of 1 place of business only, and that place of business must be specified in the licence.
2: Subsection (1) is subject to subsections (3) to (5).
3: A dealer may be issued with a dealer’s licence authorising the dealer to operate from more than 1 place of business if, at each of those places of business, there is a manager holding a dealer’s licence.
4: Any firearms, prohibited magazines, and restricted weapons in the possession of a dealer may be handled at any site in addition to the place of business specified in the dealer’s licence if the dealer hires out those items for use by a broadcaster, bona fide theatre company or society or cinematic or television film production company or video recording production company and—
a: the handling and secure storage of the items at that site are supervised by a theatrical armourer; and
b: the armourer has a firearms licence endorsed under section 30(1)﻿(c) 30B(3)
i: that the items may be handled at sites other than the dealer’s place of business; and
ii: that the armourer must hold written consent from a member of the Police that specifies the location of the site and the duration and description of the theatrical production at that site.
5: A dealer may, on an occasional basis, carry on dealer activities from places additional to the place of business specified in their dealer’s licence if a condition to which their licence is subject permits them to do so.
6: For the purpose of subsection (4)﻿(b), a dealer’s licence may be issued with a condition described in that provision and other conditions necessary to provide for the safe use and secure storage of the firearms concerned. Section 7 replaced 25 June 2020 section 15 Arms Legislation Act 2020
7A: Gun shows
1: Notwithstanding anything in section 7
2: A commissioned officer of Police may give his or her consent under subsection (1) only if satisfied—
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) may be given subject to any conditions specified by the commissioned officer of Police.
4: Section 7A inserted 1 November 1992 section 4 Arms Amendment Act 1992 Section 7A(1) amended 25 June 2020 section 16(1) Arms Legislation Act 2020 Section 7A(3) replaced 25 June 2020 section 16(2) Arms Legislation Act 2020 Section 7A(4) repealed 25 June 2020 section 16(3) Arms Legislation Act 2020
8: Duration of dealer’s licence
1: A dealer’s licence comes into force on the date it is issued.
2: A dealer’s licence expires 12 months after the date it comes into force unless it is surrendered or revoked earlier. Section 8 replaced 25 June 2020 section 17 Arms Legislation Act 2020
8A: Renewal of dealer’s licence
1: A dealer’s licence may from time to time be renewed.
2: An application for renewal of a dealer’s licence must be made before the licence expires.
3: Sections 5A 5B 6 to 8
4: If an application for renewal of a dealer’s licence has been made but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined.
5: The renewal of a dealer’s licence takes effect from—
a: the date on which the licence expires, if the renewal is issued before the licence expires; or
b: the date on which the renewal is issued, if the renewal is issued after the licence expires. Section 8A inserted 25 June 2020 section 17 Arms Legislation Act 2020 Section 8A(5) replaced 29 November 2022 section 4 Arms (Licence Holders' Applications for New Licences) Amendment Act 2022
8B: Surrender of dealer’s licence
A dealer may at any time surrender their dealer’s licence to a member of the Police. Section 8B inserted 25 June 2020 section 17 Arms Legislation Act 2020
8C: Effect of expiry or surrender of dealer’s licence
1: If a dealer’s licence expires or is surrendered,—
a: the dealer ceases to be licensed to carry on any dealer activity; and
b: an employee of the dealer may not carry on or assist with the carrying on of any dealer activity on behalf of the dealer; and
c: the dealer must immediately surrender to a member of the Police all records they are required by section 12
2: A dealer commits an offence and is liable on conviction to a term of imprisonment not exceeding 6 months, or to a fine not exceeding $10,000, if the dealer, without reasonable excuse, contravenes this section. Section 8C inserted 25 June 2020 section 17 Arms Legislation Act 2020
9: Revocation of dealer’s licence
1: A dealer’s licence is immediately revoked if the holder’s firearms licence is revoked.
2: A dealer’s licence may be revoked at any time by the Commissioner. Section 9 replaced 25 June 2020 section 18 Arms Legislation Act 2020
9A: Revocation of suspended dealer’s licence
1: A commissioned officer of Police may, by notice in writing to the holder of a dealer’s licence that is temporarily suspended under section 60A
a: has considered any submissions made by the holder before the day stated in the notice of suspension on whether the licence should be revoked on the ground stated in that notice; and
b: is satisfied that the licence should be revoked on that ground.
2: A commissioned officer of Police must give the holder written notice of a decision on whether to revoke a dealer’s licence temporarily suspended under section 60A Section 9A inserted 25 June 2020 section 18 Arms Legislation Act 2020
9B: Effect of revocation of dealer’s licence
1: When a dealer’s licence is revoked,—
a: the dealer ceases to be licensed to carry on any dealer activity and must immediately surrender their dealer’s licence to a member of the Police; and
b: an employee of the dealer may not carry on or assist with the carrying on of any dealer activity on behalf of the dealer; and
c: the dealer must immediately surrender to a member of the Police all records they are required by section 12
2: A dealer commits an offence and is liable on conviction to a term of imprisonment not exceeding 6 months, or to a fine not exceeding $10,000, if the dealer, without reasonable excuse, contravenes this section. Section 9B inserted 25 June 2020 section 18 Arms Legislation Act 2020
10: Restriction on possession of prohibited firearms, prohibited magazines, pistols, restricted weapons, and pistol carbine conversion kits
1: A licensed dealer may not take an arms item that is a prohibited firearm, prohibited magazine, pistol, restricted weapon, or pistol carbine conversion kit into their possession for the purpose of carrying on a dealer activity unless the licensed dealer—
a: is the holder of a dealer’s licence that—
i: specifies that the dealer may carry on that activity in respect of a prohibited firearm, prohibited magazine, pistol, restricted weapon, or pistol carbine conversion kit; and
ii: bears an appropriate endorsement made under section 30 30B
b: either—
i: obtains the arms item under—
A: a permit to import issued under section 18 18AA
B: a permit to possess issued under section 35 35A 35AAA
ii: manufactures it with the written approval of the Commissioner under section 6B(2)
2: A licensed dealer may not take a prohibited part into their possession for the purpose of carrying on a dealer activity unless the dealer obtains it—
a: from a holder of a firearms licence that bears an endorsement made under section 30B
b: under a permit issued under section 18
c: from another licensed dealer whose dealer’s licence bears an endorsement made under section 30B
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1) or (2).
4: Subsection (3) is subject to section 59A(1) Section 10 replaced 12 April 2019 section 11 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 10 heading replaced 25 June 2020 section 19(1) Arms Legislation Act 2020 Section 10(1) replaced 25 June 2020 section 19(2) Arms Legislation Act 2020 Section 10(2) replaced 25 June 2020 section 19(2) Arms Legislation Act 2020 Section 10(3) replaced 25 June 2020 section 19(3) Arms Legislation Act 2020
11: Employees of licensed dealer to hold firearms licence bearing appropriate endorsements
1: An employee of a licensed dealer must not assist with carrying on any dealer activity unless the employee holds a firearms licence.
2: If the employee’s duties include the carrying on of a dealer activity in respect of pistols, pistol carbine conversion kits, restricted weapons, prohibited firearms, or prohibited magazines, the employee’s firearms licence must also bear appropriate endorsements made under section 30 30B
3: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes this section. Section 11 replaced 25 June 2020 section 20 Arms Legislation Act 2020
12: Record of dealings by licensed dealers
1: A licensed dealer must keep at the place of business referred to in their licence a book that records the particulars prescribed by regulations made under this Act relating to—
a: the transactions conducted in the course of carrying on a dealer activity; and
b: the arms items and ammunition received, sold, supplied, or manufactured in the course of carrying on their business.
1A: A licensed dealer who keeps their book under subsection (1) in hard copy form must retain the book for at least 10 years from the date of the last entry in the book.
1B: A licensed dealer who keeps their book under subsection (1) electronically must retain each electronic record for at least 10 years from the date on which the record is entered.
2: Every licensed dealer shall at all times—
a: permit any member of the Police to inspect and make copies of any entries in the book so kept by him pursuant to subsection (1); and
b: afford, on demand, to any member of the Police all further information in his possession with respect to any dealings by him relating to firearms, airguns, pistols, pistol carbine conversion kits, prohibited items,
c: permit any member of the Police to inspect—
i: any firearms, airguns, pistols, pistol carbine conversion kits, prohibited items,
ii: the premises in which, and the conditions under which, his stock of firearms, airguns, pistols, pistol carbine conversion kits, prohibited items,
3: Despite subsection (1), a licensed dealer need not record particulars under that subsection if—
a: the particulars are declared by regulations made under section 74
b: the dealer provides the particulars to the Police for inclusion in the registry in accordance with the regulations.
4: A licensed dealer commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the dealer, without reasonable excuse, contravenes this section.
5: Subsection (4) is subject to section 59A(2) 1958 No 21 s 4; 1968 No 21 s 3 Section 12(1) replaced 24 June 2021 section 21(1) Arms Legislation Act 2020 Section 12(1A) inserted 24 June 2021 section 21(1) Arms Legislation Act 2020 Section 12(1B) inserted 24 June 2021 section 21(1) Arms Legislation Act 2020 Section 12(2)﻿(b) amended 24 June 2021 section 21(2) Arms Legislation Act 2020 Section 12(2)﻿(b) amended 12 April 2019 section 13(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 12(2)﻿(c)﻿(i) amended 24 June 2021 section 21(2) Arms Legislation Act 2020 Section 12(2)﻿(c)﻿(i) amended 12 April 2019 section 13(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 12(2)﻿(c)﻿(ii) amended 24 June 2021 section 21(2) Arms Legislation Act 2020 Section 12(2)﻿(c)﻿(ii) amended 12 April 2019 section 13(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 12(3) replaced 24 June 2021 section 21(3) Arms Legislation Act 2020 Section 12(4) replaced 24 June 2021 section 21(3) Arms Legislation Act 2020 Section 12(5) inserted 24 June 2021 section 21(3) Arms Legislation Act 2020
13: Seizure of items held by licensed dealer
1: Any member of the Police may, on being authorised to do so by warrant under the hand of the Commissioner, seize and take possession of all or any arms items and ammunition
2: For the purpose of executing a warrant issued under subsection (1), the member of the Police authorised by that warrant may enter into or upon any land or building in or upon which any such arms items and ammunition
3: It is the duty of everyone executing a warrant issued under subsection (1)—
a: to have it with him; and
b: to produce it on initial entry and, if requested, at any subsequent time; and
c: if he is not in uniform, to produce on initial entry and, if requested, at any subsequent time, evidence that he is a member of the Police.
4: Subject to section 14 arms items and ammunition
5: The Minister of Finance must pay out of a Crown Bank Account compensation in respect of all arms items and ammunition seized under this section that have become the property of the Crown. 1958 No 21 s 5 Section 13 heading replaced 25 June 2020 section 22(1) Arms Legislation Act 2020 Section 13(1) amended 25 June 2020 section 22(2) Arms Legislation Act 2020 Section 13(2) amended 25 June 2020 section 22(2) Arms Legislation Act 2020 Section 13(4) amended 25 June 2020 section 22(2) Arms Legislation Act 2020 Section 13(5) replaced 25 June 2020 section 22(3) Arms Legislation Act 2020
14: Disposal of items of dealer if licence expires or is surrendered or revoked
1: If a dealer’s licence has expired or has been surrendered or revoked, the dealer may, within 3 months or any longer period that the Commissioner may allow, sell, or otherwise dispose of, any arms item or ammunition in their possession or under their control at the date of the expiry, surrender, or revocation of their licence.
2: The sale or disposal of any arms item or ammunition must be to a person approved for the purpose by a commissioned officer of Police. Section 14 replaced 25 June 2020 section 23 Arms Legislation Act 2020
15: Offence to carry on dealer activities following expiry, surrender, or revocation of dealer's licence
1: If a person’s dealer’s licence expires or is surrendered or revoked, the person may not—
a: carry on any dealer activity; or
b: have any business interest in any arms item or ammunition.
2: If the person referred to in subsection (1) is a senior manager authorised to carry on dealer activities on behalf of a body corporate, the body corporate may not carry on any dealer activity at any place of business.
3: However,—
a: nothing in subsection (1) applies to any person who—
i: sells or otherwise disposes of any of the kinds of items specified in section 14
ii: after the expiry, surrender, or revocation of their dealer’s licence is, at any subsequent time, issued with another dealer’s licence; and
b: nothing in subsection (2) applies to a body corporate—
i: that sells or otherwise disposes of any of the kinds of items specified in section 14
ii: if, after the expiry, surrender, or revocation of the senior manager’s licence, the senior manager is, at any subsequent time, issued with another dealer’s licence on behalf of the body corporate; or
iii: if another senior manager of the body corporate is issued with a dealer’s licence authorising that senior manager to carry on 1 or more dealer activities on behalf of the body corporate.
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $15,000, if the person, without reasonable excuse, contravenes this section. Section 15 replaced 25 June 2020 section 24 Arms Legislation Act 2020
3: Permits to import
Part 3 heading inserted 25 June 2020 section 25 Arms Legislation Act 2020 Importation of firearms and ammunition Heading repealed 25 June 2020 section 25 Arms Legislation Act 2020
16: Offence to import firearms, etc, without permit
1: A person must have a permit to bring or cause to be brought or sent into New Zealand any of the following items:
a: a firearm (other than a prohibited firearm), pistol, restricted airgun, restricted weapon, or blank-firing gun:
b: any part of a firearm (other than a prohibited firearm), pistol, restricted weapon, or blank-firing gun:
c: non-prohibited ammunition (other than projectiles for airguns):
d: a pistol carbine conversion kit:
e: an air pistol carbine conversion kit:
f: a prohibited item:
g: prohibited ammunition that is authorised or permitted expressly by or pursuant to this Act to be possessed.
2: In subsection (1), New Zealand
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $15,000, if the person, without reasonable excuse, contravenes subsection (1)﻿(a), (b), (c), (d), or (e).
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years if the person, without reasonable excuse, contravenes subsection (1)﻿(f) or (g). Section 16 replaced 25 June 2020 section 26 Arms Legislation Act 2020
16A: Offence to import prohibited ammunition
1: A person must not, without reasonable excuse, bring or cause to be brought or sent into New Zealand any prohibited ammunition that is not authorised or permitted expressly by or pursuant to this Act to be possessed.
2: In subsection (1), New Zealand
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years if the person contravenes subsection (1). Section 16A replaced 25 June 2020 section 27 Arms Legislation Act 2020
17: Burden of proof
Section 17 repealed 25 June 2020 section 28 Arms Legislation Act 2020
18: Issue of permit to import firearms, etc
1: A member of the Police to whom an application is made for the issue of a permit to import any item described in section 16(1)﻿(a) to (g)
2: A member of the Police, if satisfied of the matters in subsection (3), must grant an application for the issue of a permit to import any of the following items:
a: a non-prohibited firearm:
b: a blank-firing gun:
c: any part of an item described in paragraph (a) or (b):
d: any non-prohibited ammunition.
3: The matters referred to in subsection (2) are that—
a: the applicant is lawfully able to possess the item; and
b: one of the following applies:
i: the applicant has complied with any previous requirement to provide a sample of the item for examination and testing and the sample was approved by a member of the Police:
ii: a sample of the item is not required to be produced for examination and testing:
iii: if the application is made for the issue of a permit to import a sample of an item, the applicant will—
A: import no more than 1 sample; and
B: comply with the requirements in section 18B
4: The Commissioner may grant an application for the issue of a permit to import any of the following items:
a: a prohibited firearm:
b: a prohibited magazine:
c: a prohibited part:
d: a pistol:
e: a restricted airgun:
f: a restricted weapon:
g: any part of a pistol or restricted weapon:
h: any prohibited ammunition that is authorised or permitted expressly by or pursuant to this Act to be possessed.
5: The Commissioner may issue a permit under subsection (4) in respect of an item only if—
a: the Commissioner is satisfied that there are special reasons why the item should be allowed in New Zealand; and
b: in the case of an application for the issue of a permit under subsection (4)﻿(a), (b), (d), or (f), the application is made by—
i: the holder of a dealer’s licence that bears an endorsement made under section 30 30B
ii: the holder of a firearms licence that bears an endorsement made under section 30 30B
c: in the case of an application for the issue of a permit under subsection (4)﻿(h), the applicant—
i: is a person permitted by regulations made under this Act to possess prohibited ammunition; and
ii: is the holder of a firearms licence.
6: If an application for the issue of a permit is made under subsection (4)﻿(c) in relation to a prohibited part that may be used by a licence holder on or with a non-prohibited firearm, the Commissioner—
a: must be satisfied that the part will only be used by the licence holder with or on a non-prohibited firearm; and
b: may impose conditions on the permit that enables a member of the Police to verify the use of the part.
7: A permit issued under this section is personal to the person to whom it is issued and may not be transferred to any other person.
8: A permit may in no case be issued under this section in respect of an anti-personnel mine or cluster munition. Section 18 replaced 25 June 2020 section 29 Arms Legislation Act 2020
18AA: Issue of permit to import pistol carbine conversion kits
1: A member of the Police to whom an application is made for the issue of a permit to import a pistol carbine conversion kit may require the applicant to produce for examination and testing samples of any pistol carbine conversion kit of the kind referred to in the application that the member of the Police considers necessary.
2: The Commissioner may grant an application for the issue of a permit to bring or cause to be brought or sent into New Zealand a pistol carbine conversion kit only if—
a: the Commissioner is satisfied that—
i: there are special reasons why the pistol carbine conversion kit should be allowed into New Zealand; and
ii: the pistol carbine conversion kit specifically enables a pistol that has an overall length of no more than 400 millimetres and is capable of firing specified ammunition only at a muzzle velocity of 1,600 feet per second or less to be fired from the shoulder; and
iii: the pistol carbine conversion kit does not modify the pistol in any way other than as specified in subparagraph (ii); and
b: the application is made by the holder of a firearms licence—
i: whose licence bears an endorsement made under section 30
ii: who has been issued with a permit to import a pistol (under section 18 section 35
3: However, if an application is made by an applicant in the applicant’s capacity referred to in section 29(2)﻿(b), (c), (d), or (e)
4: If the applicant has appointed a dealer to import a pistol carbine conversion kit as their agent, the dealer must hold—
a: a firearms licence; and
b: a dealer’s licence that bears an endorsement made under section 30
5: Any permit issued under this section is personal to the person to whom it is issued and may not be transferred to any other person. Section 18AA inserted 25 June 2020 section 30 Arms Legislation Act 2020
18AAB: Issue of permit to import air pistol carbine conversion kits
1: A member of the Police to whom an application is made for the issue of a permit to import an air pistol carbine conversion kit may require the applicant to produce for examination and testing samples of any air pistol carbine conversion kit of the kind referred to in the application that the member of the Police considers necessary.
2: The Commissioner may grant an application for the issue of a permit to bring or cause to be brought or sent into New Zealand an air pistol carbine conversion kit only if the Commissioner is satisfied that the application is made by an applicant who intends to personally use the kit as a member of an airsoft or paintball club that is affiliated with a national airsoft or paintball organisation.
3: Any permit issued under this section is personal to the person to whom it is issued and may not be transferred to any other person. Section 18AAB inserted 25 June 2020 section 30 Arms Legislation Act 2020
18AAC: Revocation and validity of permit to import
1: A permit issued under section 18 18AA 18AAB
2: A permit issued under section 18 18AA
a: the permit was issued to a licensed dealer and the dealer’s licence, or any endorsement on the dealer’s licence required for the issue of the permit, is revoked or suspended or has expired or been surrendered; or
b: the permit was issued to any other person who, for the purposes of the issue of the permit, was required to hold a firearms licence, and that person’s firearms licence, or any endorsement on the firearms licence required for the issue of the permit, is revoked or suspended or has expired or been surrendered.
3: Subsection (4) applies if—
a: a permit is issued under section 18 18AA
b: any person referred to in paragraph (a) who is required to hold a firearms licence, or a firearms licence bearing an endorsement, to possess an item being imported on their behalf—
i: has their licence or endorsement revoked or suspended; or
ii: allows their licence or endorsement to expire; or
iii: surrenders their licence.
4: If this subsection applies, the permit issued to the licensed dealer is invalid to the extent that it permits the importation of an item on behalf of a person referred to in subsection (3)﻿(b) in respect of which the person required the licence or endorsement. Section 18AAC inserted 25 June 2020 section 30 Arms Legislation Act 2020
18AAD: Permit to import issued for items to be brought or sent into New Zealand in single consignment or multiple consignments
1: A permit may be issued under section 18 18AA 18AAB
a: in a single consignment at the same time; or
b: in multiple consignments, with a period of not more than 30 days between the arrival of the first and last consignments.
2: If, after the issue of a permit referred to in subsection (1), any item to which the permit relates is not included in a consignment referred to in subsection (1), the permit ceases to apply in relation to that item. Section 18AAD inserted 25 June 2020 section 30 Arms Legislation Act 2020
18A: Expiry of permits to import
Unless sooner revoked under section 18(4) section 16(1) Section 18A inserted 1 November 1992 section 6 Arms Amendment Act 1992 Section 18A heading replaced 12 April 2019 section 22 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
18B: Production of samples
1: If an applicant is required, under section 18(1) 18AA(1) 18AAB(1)
2: Before producing a sample, an applicant must ensure it has not been modified in any way.
3: The Crown is not liable to pay compensation in respect of any damage caused to a sample resulting from the examination and testing of the sample.
4: If, following examination and testing, the sample is not approved, the applicant who produced it must, within 12 months after being informed in writing by a member of the Police that the sample is not approved,—
a: export the sample from New Zealand; or
b: cause the sample to be exported from New Zealand.
5: If the sample is not exported as required by subsection (4), the sample must be disposed of or dealt with in the manner that the Commissioner directs. Section 18B replaced 25 June 2020 section 31 Arms Legislation Act 2020
18C: Export of specified items not corresponding with sample or otherwise approved for importation
1: This section applies if—
a: a specified item is brought into New Zealand under a permit issued for the purposes of section 16(1)
b: the specified item—
i: does not correspond with a sample produced to a member of the Police as required by the description of the specified item in the permit; or
ii: is not otherwise approved for importation into New Zealand.
2: If this subsection applies, the person who brought the specified item into New Zealand or caused it to be brought or sent into New Zealand must, within 12 months after being informed in writing by a member of the Police that the specified item does not correspond with the sample or is not otherwise approved for importation into New Zealand, export or cause to be exported from New Zealand—
a: the specified item; and
b: the sample.
3: If a specified item or sample to which subsection (2) relates is not exported as required by that subsection, the specified item or sample must be disposed of or dealt with in the manner that the Commissioner directs.
4: In this section, specified item Section 18C inserted 25 June 2020 section 31 Arms Legislation Act 2020
19: Seizure of illegally imported items
1: Subsection (2) applies if a member of the Police or a Customs officer suspects on reasonable grounds that an item referred to in section 16
a: has been brought into New Zealand without a permit issued under section 18 18AA 18AAB
b: has been brought into the harbours or other territorial waters of New Zealand and is intended to be brought into New Zealand without a permit issued under section 18 18AA 18AAB
2: If this subsection applies, the member of the Police or the Customs officer may—
a: seize and detain the item; and
b: use any reasonable necessary force to seize the item.
3: If an item is seized and detained under subsection (2), sections 65 70 Section 19 replaced 25 June 2020 section 32 Arms Legislation Act 2020
4: General restrictions
Part 4 heading inserted 25 June 2020 section 33 Arms Legislation Act 2020 General restrictions on possession of firearms, airguns, magazines, parts, and ammunition Heading inserted 25 June 2020 section 33 Arms Legislation Act 2020
19A: Restriction on possession of prohibited firearms and prohibited magazines
1: No person may have in their possession a prohibited firearm or prohibited magazine unless the person is—
a: the holder of a dealer’s licence that bears an endorsement made under section 30B section 10(1)﻿(b)
b: the holder of a firearms licence that bears an endorsement that—
i: is made under section 30B
ii: is made specific to the prohibited firearm or prohibited magazine by—
A: a permit to import issued under section 18
B: a permit to possess issued under section 35A
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50A 50B Section 19A inserted 25 June 2020 section 33 Arms Legislation Act 2020
19B: Restriction on possession of prohibited parts
1: No person may have in their possession a prohibited part unless the person—
a: is an exempt person of or over the age of 18 years; and
b: either—
i: is the holder of a dealer’s licence that bears an endorsement made under section 30B section 10(2)
ii: is the holder of a firearms licence that bears an endorsement made under section 30B
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50C Section 19B inserted 25 June 2020 section 33 Arms Legislation Act 2020
19C: Restriction on possession of pistols and restricted weapons
1: No person may have in their possession a pistol or restricted weapon unless the person is—
a: the holder of a dealer’s licence that bears an endorsement that—
i: is made under section 30
ii: is made specific to the pistol or restricted weapon by—
A: a permit to import issued under section 18
B: a permit to possess issued under section 35
b: the holder of a firearms licence that bears an endorsement that—
i: is made under section 30
ii: is made specific to the pistol or restricted weapon by—
A: a permit to import issued under section 18
B: a permit to possess issued under section 35
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50 Section 19C inserted 25 June 2020 section 33 Arms Legislation Act 2020 General restrictions on possession of firearms and airguns Heading repealed 25 June 2020 section 34 Arms Legislation Act 2020
20: Restriction on possession of non-prohibited firearms
1: Except as provided in this Act or as otherwise provided in regulations made under this Act, no person shall have a non-prohibited firearm
2: The holding of a firearms licence shall not in itself entitle any person to have a pistol
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $15,000, if the person, without reasonable excuse, contravenes subsection (1). Section 20 heading replaced 25 June 2020 section 35(1) Arms Legislation Act 2020 Section 20(1) amended 25 June 2020 section 35(2) Arms Legislation Act 2020 Section 20(2) substituted 1 May 1993 section 7 Arms Amendment Act 1992 Section 20(2) amended 25 June 2020 section 35(3) Arms Legislation Act 2020 Section 20(2) amended 12 April 2019 section 25 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 20(3) replaced 25 June 2020 section 35(4) Arms Legislation Act 2020
21: Restrictions on possession of airguns
1: Except as otherwise provided in this Act or as otherwise provided in regulations made under this Act, no person shall have an airgun in his possession unless—
a: he is of or over the age of 18 years; or
b: he is between 16 years and 18 years of age and is the holder of a firearms licence.
2: A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person, without reasonable excuse, contravenes subsection (1).
3: Nothing in this section applies in relation to the possession of specially dangerous airguns. Section 21(2) replaced 25 June 2020 section 36 Arms Legislation Act 2020
22: Exemptions
1: Nothing in section 20 section 21
a: any firearm of the kind known as:
i: a bolt gun or a stud gun:
ii: a humane killer:
iii: a tranquilliser gun:
iv: a stock marking pistol:
v: an underwater spear gun:
vi: a flare pistol:
vii: a deer net gun:
viii: a pistol that is part of rocket or line throwing equipment:
ix: a miniature cannon; or
b: any antique firearm; or
c: any other make, type, or manufacture of firearm exempted from the provisions of section 20 section 21
2: It is a good defence to a prosecution for an offence against section 20 section 21
a: in the case of a prosecution relating to the possession of a firearm (not being a pistol, prohibited firearm, or
i: that the firearm was in the possession of that person for use under the immediate supervision of the holder of a firearms licence; and
ii: that at all times while that person was in possession of the firearm, that person was under the immediate supervision of the holder of a firearms licence; or
b: in the case of a prosecution relating to the possession of an airgun (not being a specially dangerous airgun),—
i: that the airgun was in the possession of that person for use under the immediate supervision of either a person of or over the age of 18 years or the holder of a firearms licence; and
ii: that at all times while that person was in possession of the airgun, that person was under the immediate supervision of either a person of or over the age of 18 years or the holder of a firearms licence. Section 22(2)﻿(a) amended 12 April 2019 section 26 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
22A: Restriction on possession of non-prohibited magazines and non-prohibited parts
1: A person must not have in their possession an arms item specified in subsection (2) unless the person—
a: is the holder of a firearms licence; or
b: is under the immediate supervision of a person who is the holder of a firearms licence.
2: The arms items referred to in subsection (1) are—
a: a non-prohibited magazine:
b: a non-prohibited part.
3: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes this section. Section 22A inserted 24 December 2020 section 37 Arms Legislation Act 2020
22B: Restriction on possession of ammunition
1: A person must not have in their possession any ammunition (other than projectiles for airguns) unless the person—
a: is the holder of a firearms licence; or
b: is not the holder of a firearms licence, but is under the immediate supervision of a person who is the holder of a firearms licence; or
c: is an employee of an ammunition seller who is performing their duties at their place of work under the supervision of a person who is the holder of a firearms licence.
2: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1). Section 22B inserted 24 December 2020 section 37 Arms Legislation Act 2020 Restrictions on possession of pistol carbine conversion kits Heading inserted 25 June 2020 section 37 Arms Legislation Act 2020
22C: Restrictions on possession of pistol carbine conversion kits
1: A person must not have in their possession a pistol carbine conversion kit unless the person is—
a: the holder of a dealer’s licence that bears an endorsement made under section 30
i: a permit to import issued under section 18AA
ii: a permit to possess issued under section 35AAA
b: the holder of a firearms licence—
i: whose licence bears an endorsement made under section 30
ii: who has been issued with—
A: a permit, under section 18
B: a permit, under section 35
iii: who has been issued with—
A: a permit, under section 18AA
B: a permit, under section 35AAA
2: This section does not apply to an employee of a licensed dealer when—
a: acting in their capacity as an employee; and
b: assisting with the carrying on of a dealer activity (if they are qualified under section 11
3: A person who contravenes this section commits an offence under section 50AA Section 22C inserted 25 June 2020 section 37 Arms Legislation Act 2020 Restrictions on sale or supply of ammunition Heading inserted 24 December 2020 section 37 Arms Legislation Act 2020
22D: Restrictions on selling or supplying ammunition
1: A person who sells or supplies ammunition (other than projectiles for airguns) must hold a firearms licence.
2: A person may only sell or supply ammunition (other than projectiles for airguns) to a person who holds a firearms licence.
3: Subsection (1) does not apply to an employee of an ammunition seller performing their duties under the supervision of a person who is the holder of a firearms licence.
4: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1) or (2).
5: It is a defence to a prosecution for an offence against subsection (2) if—
a: the defendant proves that the defendant took reasonable steps to ascertain whether the person to whom the defendant sold or supplied the ammunition ( A
b: the defendant proves that—
i: the ammunition was sold or supplied to A for use under the immediate supervision of another person who holds a firearms licence ( B
ii: at all times while A was in possession of the ammunition, A was under the immediate supervision of B.
6: Nothing in subsection (3) applies in relation to any ammunition sold or supplied for a firearm of the kind described in section 22(1)﻿(a), (b), or (c) Section 22D inserted 24 December 2020 section 37 Arms Legislation Act 2020
22E: Ammunition seller to keep record of ammunition sales
1: An ammunition seller must keep at their place of business a book that records the following details in respect of all ammunition (other than projectiles for airguns) sold or supplied in the course of their business:
a: the name of the person to whom the ammunition was sold or supplied; and
b: the quantity and type of ammunition sold or supplied to the person; and
c: the person’s firearms licence number, or, if the ammunition was sold or supplied to the person for use under the immediate supervision of another person who holds a firearms licence, the name and firearms licence number of that other person.
2: Despite subsection (1), an ammunition seller need not record details under that subsection if—
a: the details are declared by regulations made under section 74
b: the dealer provides the details to the Police for inclusion in the registry in accordance with the regulations.
3: An ammunition seller must, at all reasonable times, permit any member of the Police to inspect and make copies of any entries in the book referred to in subsection (1) if the ammunition seller has received at least 7 days’ prior notice of the member’s intention to do so.
4: An ammunition seller who keeps their book under subsection (1) in hard copy form must retain the book for at least 10 years from the date of the last entry in the book.
5: An ammunition seller who keeps their book under subsection (1) electronically must retain each electronic record for at least 10 years from the date on which the record is entered.
6: When an ammunition seller’s firearms licence expires or is revoked or surrendered, or the ammunition seller ceases selling or supplying ammunition, the ammunition seller must immediately surrender to the Police all records they are required by this section to keep that have not been included in the registry.
7: An ammunition seller commits an offence and is liable on conviction to a fine not exceeding $10,000 if the ammunition seller, without reasonable excuse, contravenes any of subsections (1) to (6). Section 22E inserted 24 December 2020 section 37 Arms Legislation Act 2020 Restriction on ownership of firearms and restricted weapons by visitors Heading inserted 25 June 2020 section 37 Arms Legislation Act 2020
22F: Visitors may not take ownership of firearm or restricted weapon
1: A visitor who holds a firearms licence may not, during their stay in New Zealand, acquire ownership of any firearm or restricted weapon for possession in New Zealand.
2: If a person contravenes subsection (1), that person’s firearms licence is immediately revoked. Section 22F inserted 25 June 2020 section 37 Arms Legislation Act 2020 Restriction on manufacture of prohibited items Heading inserted 25 June 2020 section 37 Arms Legislation Act 2020
22G: Restriction on manufacture of prohibited items
1: No person may manufacture a prohibited item.
2: Subsection (1) does not apply to an exempt person described in section 4A(1A)
3: A person who contravenes this section commits an offence under section 50A 50B 50C Section 22G inserted 25 June 2020 section 37 Arms Legislation Act 2020
22H: Persons disqualified from holding firearms licence
A person is disqualified from holding a firearms licence if—
a: the person has, within the previous 10 years, been convicted, or been released from custody after being convicted, of any of the following offences:
i: an offence under section 16(4) 16A 44A 50A 50D 51A 53A 54 54A 55 55A 55D 55E 55F
ii: a specified violent offence as defined in section 4
iii: an offence under section 92 98 98A 189A 199 202C 238 267(1) 269(1) and (3) 306 308A
iv: an offence under section 6 9 10 11 12 12A 12AB 12F
b: the person has, or has had within the previous 10 years, a protection order, other than a temporary order, made against them under—
i: section 79
ii: section 14
c: the person is subject to a firearms prohibition order. Section 22H inserted 24 December 2020 section 39 Arms Legislation Act 2020 Section 22H(a)﻿(ii) replaced 16 August 2022 section 12 Three Strikes Legislation Repeal Act 2022 Section 22H(a)﻿(iii) amended 5 April 2023 section 7 Criminal Activity Intervention Legislation Act 2023 Section 22H(c) inserted 15 November 2022 section 6 Firearms Prohibition Orders Legislation Act 2022
5: Firearms licences, endorsements, and permits to possess
Part 5 heading inserted 24 December 2020 section 38 Arms Legislation Act 2020 Firearms licences Heading replaced 24 December 2020 section 38 Arms Legislation Act 2020
23: Application for firearms licence
1: A person may apply to a member of the Police for a firearms licence if the person—
a: is of or over the age of 16 years; and
b: has not had a firearms licence revoked in the previous 5 years (or, if they have, the revocation was reversed by the District Court); and
c: is not disqualified under section 22H
2: Every application under subsection (1) shall be made on a form provided by a member of the Police.
2A: An applicant must, at the time of making an application for a firearms licence, provide to a member of the Police the name and contact details of their health practitioner.
2B: Subsection (2A) does not apply to an applicant who is a visitor.
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. Section 23(1) replaced 24 December 2020 section 40(1) Arms Legislation Act 2020 Section 23(2A) inserted 24 December 2020 section 40(2) Arms Legislation Act 2020 Section 23(2B) inserted 24 December 2020 section 40(2) Arms Legislation Act 2020 Section 23(3) added 1 November 1992 section 8 Arms Amendment Act 1992
24: Issue of firearms licence
1: Subject to subsection (2), a firearms licence must be issued by a member of the Police to an applicant if the member of the Police is satisfied that—
a: the applicant—
i: is of or over the age of 16 years; and
ii: is a fit and proper person to be in possession of a firearm or an airgun; and
b: either—
i: the applicant’s storage facilities for their firearms and ammunition have been inspected by a member of the Police and are compliant with the requirements for the secure storage of firearms and ammunition; or
ii: if the applicant is a visitor, a member of the Police is satisfied with the arrangements made by the applicant for the storage of the firearms and ammunition they will possess while in New Zealand.
2: A firearms licence must not be issued to an applicant if, in the opinion of a commissioned officer of Police, access to any firearm or an airgun in possession of the applicant is reasonably likely to be obtained by any person who—
a: is disqualified from holding a firearms licence; or
b: has had their firearms licence revoked on the ground that they are not a fit and proper person to be in possession of a firearm or an airgun; or
c: is not a fit and proper person to be in possession of a firearm or an airgun.
3: As soon as is reasonably practicable after issuing a firearms licence to a person, a member of the Police must notify the person’s health practitioner that a firearms licence has been issued to the person.
4: Subsection (3) does not apply to an applicant who is a visitor. Section 24 replaced 24 December 2020 section 41 Arms Legislation Act 2020
24A: Fit and proper person to possess firearm or airgun
1: For the purposes of this Act, a member of the Police may find a person is not a fit and proper person to be in possession of a firearm or an airgun if the member of the Police is satisfied that 1 or more of the following circumstances exist:
a: the person is charged with or has been convicted of an offence in New Zealand or overseas that is punishable by a term of imprisonment (including, but not limited to, an offence involving violence, drugs, or alcohol):
b: the person is charged with or has been convicted of an offence under this Act:
c: the person is charged with or has been convicted of an offence against—
i: section 231A
ii: the Game Animal Council Act 2013
iii: the Wildlife Act 1953
iv: the Wild Animal Control Act 1977
ca: the person has, or has had at any time, a firearms prohibition order made against them:
d: the person has, or has had at any time, a temporary protection order made against them under—
i: section 79
ii: section 14
e: the person has inflicted, or is inflicting, family violence against another person and that other person has grounds under the Family Violence Act 2018
f: the person has, or has had at any time, a restraining order made against them under the Harassment Act 1997
g: the person has engaged in any conduct involving non-compliance with any requirements of—
i: this Act; or
ii: any regulations made under this Act; or
iii: any conditions to which a permit, licence, or endorsement previously issued to the person under this Act was subject:
h: the person shows, or has recently shown, symptoms of a mental or physical illness or injury that may adversely affect their ability to safely possess firearms:
i: the person abuses alcohol, or is dependent on alcohol, to an extent that affects detrimentally their judgement or behaviour:
j: the person uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour:
k: the person is a member of, or has close affiliations with, a gang or an organised criminal group:
l: the person has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism:
m: the person has been assessed as a risk to a State’s national security:
n: the person satisfies any criteria prescribed in regulations made under section 74(1)﻿(bb)
2: In determining whether, for the purposes of this Act, a person is a fit and proper person to be in possession of a firearm or an airgun, the member of the Police may take into account—
a: whether the applicant—
i: has a sound knowledge of the safe possession and use of firearms:
ii: understands the legal obligations of a holder of a firearms licence, including the endorsements that may be made on a firearms licence; and
b: any other criteria prescribed in regulations made under section 74(1)﻿(bc)
c: any other relevant matters the member of the Police considers appropriate.
3: The member of the Police may, for the purpose of determining whether a person is a fit and proper person to be in possession of a firearm or an airgun,—
a: seek and receive any information that the member of the Police thinks appropriate; and
b: consider information obtained from any source.
4: If the member of the Police proposes to take into account any information that is or may be prejudicial to an applicant’s application, the member of the Police must, subject to subsection (5), disclose that information to the applicant and give the applicant a reasonable opportunity to refute or comment on it.
5: Nothing in subsection (4) requires the member of the Police to disclose any information to an applicant if that disclosure would be likely to—
a: endanger the safety of any person; or
b: prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
c: prejudice the entrusting of information to the Police, the New Zealand Security Intelligence Service, or the Government Communications Security Bureau on a basis of confidence by—
i: the government of any other country; or
ii: any international organisation.
6: In this section,— family violence section 9 gang section 4 organised criminal group section 98A Section 24A inserted 24 December 2020 section 42 Arms Legislation Act 2020 Section 24A(1)﻿(ca) inserted 15 November 2022 section 7 Firearms Prohibition Orders Legislation Act 2022
24B: General conditions of firearms licence
1: Every firearms licence is subject to the conditions that the holder of a firearms licence must,—
a: when using a firearm, act in a way that does not pose a risk to themselves or others; and
b: produce any firearm that the licence holder is carrying to a member of the Police on demand; and
c: permit a member of the Police to inspect all firearms in the licence holder’s possession, the place or places where the firearms are or will be kept, and the place or places where the ammunition is or will be kept, and, for those purposes, to enter at all reasonable times upon the premises where that place or those places are situated; and
d: permit a member of the Police to inspect the security arrangements in any vehicle used by the holder to transport the licence holder’s firearms; and
e: inform a member of the Police if, after the issue of the licence, any of the circumstances described in section 24A(1)
f: inform a member of the Police if their health practitioner changes, and provide updated details of the name and contact details of their health practitioner.
2: Subsection (1)﻿(f) does not apply to a holder of a firearms licence who is a visitor.
3: It is the duty of every member of the Police exercising any power conferred by subsection (1)﻿(c) or (d)—
a: to give at least 7 days’ notice of the proposed inspection under subsection (1)﻿(c) or (d); and
b: to identify themselves to the holder of the firearms licence; and
c: to tell the holder of the firearms licence that the power is being exercised under subsection (1)﻿(c) or (d), as the case may be; and
d: if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.
4: Subsections (1)﻿(c) and (3) are subject to section 31A section 30 30B Section 24B inserted 24 December 2020 section 42 Arms Legislation Act 2020
24C: Special condition of firearms licence relating to sale or supply of ammunition
A firearms licence held by an ammunition seller is subject to the condition that the ammunition seller has appropriate facilities to ensure the secure storage of all ammunition that, at any time, they possess. Section 24C inserted 24 December 2020 section 42 Arms Legislation Act 2020
24D: Breach of conditions to which firearms licence is subject
A holder of a firearms licence who breaches a condition that their firearms licence is subject to under section 24B 24C
a: be issued with an improvement notice under section 60
b: have their firearms licence temporarily suspended under section 60A see section 60B Section 24D inserted 24 December 2020 section 42 Arms Legislation Act 2020
25: Duration of firearms licence
1: A firearms licence comes into force on the date specified in the licence and, unless revoked or surrendered earlier,—
a: expires 5 years from that date in the case of—
i: a licence issued to a person who has never previously held a firearms licence; or
ii: a licence issued to a person whose previous licence was revoked or surrendered; or
iii: a licence issued to a person who allowed their previous licence to expire without applying for a new licence before the expiry date:
b: expires 10 years from that date in any other case.
2: Despite subsection (1), if a licence is granted to a person who states in the application form for the licence that he or she is a visitor
3: If a licence has been granted subject to a condition referred to in subsection (2), the licence expires on the date of expiry referred to or specified in the licence, or on the date the person to whom the licence is granted leaves New Zealand, whichever occurs first. Section 25(1) replaced 25 June 2020 section 43(1) Arms Legislation Act 2020 Section 25(2) added 15 November 2000 section 4 Arms Amendment Act 2000 Section 25(2) amended 25 June 2020 section 43(2) Arms Legislation Act 2020 Section 25(3) added 15 November 2000 section 4 Arms Amendment Act 2000
25A: Application for new firearms licence made by holder of current licence
1: The holder of a current firearms licence ( licence A
2: If an application for a new firearms licence is made but not determined before the expiry of licence A, licence A continues in force, unless it is sooner surrendered or revoked, until the date on which the licence holder is notified of the determination of the application.
3: A new licence issued on an application made under this section takes effect from—
a: the date on which licence A expires, if the new licence is issued before licence A expires; or
b: the date on which the new licence is issued, if the new licence is issued after licence A expires. Section 25A inserted 29 November 2022 section 5 Arms (Licence Holders' Applications for New Licences) Amendment Act 2022
26: Production of firearms licence
1: Every holder of a firearms licence—
a: shall produce the licence for inspection whenever required to do so by any member of the Police:
b: shall maintain the licence in such a condition that it may be produced in an undefaced and legible condition.
2: The holder of a firearms licence issued pursuant to this Act shall be deemed to have complied with subsection (1)﻿(a) if, within 7 days after having been so required to produce his licence or permit, he produces it at a place specified by the member of the Police.
3: Every person commits an offence and is liable on Section 26(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
27: Surrender and revocation of firearms licence
1: A person may at any time surrender their firearms licence to a member of the Police.
2: A commissioned officer of Police may, by written notice, revoke a firearms licence if, in the opinion of the officer,—
a: the holder of the licence is not a fit and proper person to be in possession of a firearm or an airgun; or
b: the holder of the licence has failed or refused to secure any arms item or ammunition in the person’s possession, in accordance with regulations made under this Act; or
c: access to any firearm or airgun in the possession of the holder of the licence is reasonably likely to be obtained by any person—
i: whose firearms licence has been revoked on the ground that they are not a fit and proper person to be in possession of a firearm or airgun; or
ii: who, in the opinion of a commissioned officer of Police, is not a fit and proper person to be in possession of a firearm or airgun. Section 27 replaced 25 June 2020 section 44 Arms Legislation Act 2020
27A: Family violence Section 27A repealed 24 December 2020 section 45 Arms Legislation Act 2020
27B: Revocation and surrender of licence if holder becomes disqualified
1: If the holder of a firearms licence becomes disqualified under section 22H
2: Nothing in sections 27 27C 62 to 62C Section 27B inserted 24 December 2020 section 46 Arms Legislation Act 2020
27C: Revocation of suspended firearms licence
1: A member of the Police may, by notice in writing to the holder of a firearms licence that is temporarily suspended under section 60A
a: has considered any submissions made by the holder before the day stated in the notice of suspension on whether the licence should be revoked on the ground stated in that notice; and
b: is satisfied that the licence should be revoked on that ground.
2: A member of the Police must give the holder written notice of a decision on whether to revoke a firearms licence temporarily suspended under section 60A Section 27C inserted 24 December 2020 section 46 Arms Legislation Act 2020
28: Effect of revocation or surrender of firearms licence
1: A person whose firearms licence is revoked must immediately surrender their licence to a member of the Police.
2: On the revocation or surrender of a firearms licence, the holder of the licence—
a: ceases to be licensed to possess any arms item or ammunition under the licence or any endorsement on it; and
b: must, on demand, deliver any arms item or ammunition in their possession or under their control to a member of the Police.
3: A person whose firearms licence is revoked or surrendered may at any time within 3 months, or any longer period that the Commissioner may allow, sell or otherwise dispose of any arms item or ammunition in their possession or under their control to a person approved for the purpose by a member of the Police.
4: Subject to subsection (3), any arms item or ammunition delivered to a member of the Police under this section may be detained for any period that the Commissioner thinks fit, or may, in the discretion of the Minister of Police, become the property of the Crown, free and discharged from any right, title, or interest possessed by any other person.
5: The Minister of Finance must pay out of a Crown Bank Account compensation in respect of any arms item or ammunition that is delivered to a member of the Police under this section and that has become the property of the Crown.
6: If a person whose firearms licence is revoked or surrendered also holds a dealer’s licence, their dealer's licence is immediately revoked and must be surrendered with the person’s firearms licence.
7: A person commits an offence and is liable on conviction to a term of imprisonment not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1) or (2)﻿(b). Section 28 replaced 25 June 2020 section 47 Arms Legislation Act 2020 Endorsements Heading inserted 25 June 2020 section 48 Arms Legislation Act 2020
29: Application for endorsements in respect of pistol or restricted weapon
1:
2: Any person, being an applicant for a firearms licence or a holder of a firearms licence, may apply to a member of the Police for an endorsement on their firearms licence (other than an anti-personnel mine or a cluster munition
a: a member of an incorporated pistol shooting club that holds a certificate of approval issued under section 38G
b: a bona fide collector of firearms; or
c: a person to whom the pistol or restricted weapon has special significance as an heirloom or memento; or
d: the Director or Curator of a bona fide museum; or
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
f: an employee of a licensed dealer; or
g: a person of a class specified for the purposes of this section by regulations made under this Act.
2A: An applicant for a dealer’s licence or the holder of a dealer’s licence may apply to a member of the Police for an endorsement on their dealer’s licence permitting them to possess a pistol or restricted weapon (other than an anti-personnel mine or a cluster munition) in their capacity as a licensed dealer.
2B: A person described in subsection (2)﻿(b), (c), (d), or (e) who is an applicant for a firearms licence or a holder of a firearms licence may apply to a member of the Police under this section for an endorsement permitting that person to have possession of a semi-automatic pistol.
3: For the purposes of subsection (2)﻿(e), approved
4: An application under subsection (2), (2A), or (2B) must be made on a form provided by a member of the Police. Section 29(1) repealed 25 June 2020 section 49(1) Arms Legislation Act 2020 Section 29(2) amended 25 June 2020 section 49(2) Arms Legislation Act 2020 Section 29(2) amended 1 August 2010 section 20(6) Cluster Munitions Prohibition Act 2009 Section 29(2) amended 9 December 1998 section 30(3) Anti-Personnel Mines Prohibition Act 1998 Section 29(2)﻿(a) replaced 24 June 2022 section 49(3) Arms Legislation Act 2020 Section 29(2)﻿(e) substituted 1 November 1992 section 11 Arms Amendment Act 1992 Section 29(2)﻿(f) replaced 25 June 2020 section 49(4) Arms Legislation Act 2020 Section 29(2A) inserted 25 June 2020 section 49(5) Arms Legislation Act 2020 Section 29(2B) inserted 25 June 2020 section 49(5) Arms Legislation Act 2020 Section 29(4) replaced 25 June 2020 section 49(6) Arms Legislation Act 2020
30: Power to make endorsement in respect of pistols or restricted weapons
1: On receiving an application under section 29
a: that the applicant is a fit and proper person to be in possession of the pistol or restricted weapon to which the application relates; and
b: that the applicant should, on grounds or in a capacity specified in section 29
c: in the case of an application under section 29(2)﻿(e)
i: making a broadcast; or
ii: producing or staging a play; or
iii: filming a cinematic production or television film or making a video recording
2: A person whose firearms licence or dealer’s licence
a: the person is issued with a permit for the purposes of section 16(1)
b: the endorsement is made specific to the pistol or restricted weapon in respect of which a permit has been issued under section 35
3: A person whose firearms licence or dealer’s licence bears an endorsement made under this section is not entitled to lawfully possess a pistol carbine conversion kit until—
a: the person is issued with a permit under section 18AA section 16(1)﻿(g)
b: the person holds a permit issued under section 35AAA Section 30(1)﻿(c)﻿(iii) amended 1 November 1992 section 12 Arms Amendment Act 1992 Section 30(2) inserted 12 April 2019 section 28 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 30(2) amended 25 June 2020 section 50(1) Arms Legislation Act 2020 Section 30(3) inserted 25 June 2020 section 50(2) Arms Legislation Act 2020
30A: Application for endorsement in respect of prohibited firearm or prohibited magazine
1: An exempt person described in any of paragraphs (b) to (j) of section 4A(1)
2: A person who is of or over the age of 18 years, and who is the holder of a dealer’s licence or is applying for a dealer’s licence, may apply for an endorsement on their dealer’s licence permitting them to possess a prohibited firearm or prohibited magazine in their capacity as a licensed dealer.
3: A person who is of or over the age of 18 years, and who is the employee of a licensed dealer, may apply for an endorsement on their firearms licence permitting them to possess a prohibited firearm or prohibited magazine in their capacity as an employee of the licensed dealer.
4: An application under this section must—
a: be made on a form provided by a member of the Police; and
b: state in which capacity referred to in subsection (1), (2), or (3) the applicant is making the application.
5: An applicant must permit a member of the Police to take, or cause to be taken, for the purposes of the application, 1 or more photographs of the applicant. Section 30A replaced 25 June 2020 section 51 Arms Legislation Act 2020
30B: Power to make endorsement in respect of prohibited firearm or prohibited magazine
1: On receiving an application under section 30A or dealer’s licence
a: the applicant is a fit and proper person to possess a prohibited firearm or prohibited magazine to which the application relates; and
b: it is appropriate for the applicant, in their capacity as an exempt person, to possess a prohibited firearm or prohibited magazine.
2: In the case of an application made by an exempt person described in section 4A(1)﻿(c)
a: of the matters in subsection (1)﻿(a); and
b: that in all the circumstances it is reasonable to grant the endorsement.
3: In the case of an application made by an exempt person described in section 4A(1)﻿(e)
a: of the matters in subsection (1); and
b: that the possession of a prohibited firearm or prohibited magazine by the applicant is required for the purpose of—
i: making a broadcast; or
ii: producing or staging a play; or
iii: filming a cinematic production or television film or making a video recording.
4: In the case of an application made by an exempt person described in section 4A(1)﻿(f), (g), (h), (i), or (j)
a: of the matters in subsection (1); and
b: that the exempt person has a genuine need to possess the prohibited firearm or prohibited magazine; and
c: that the prohibited firearm or prohibited magazine will be used by the exempt person solely for the purpose of controlling wild animals or animal pests; and
d: that that purpose cannot effectively be achieved by the use of a non-prohibited firearm or non-prohibited magazine.
5: A person whose firearms licence or dealer’s licence
a: the person is issued with a permit for the purposes of section 16(1)
b: the endorsement is made specific to the prohibited firearm or prohibited magazine in respect of which a permit has been issued under section 35A Section 30B replaced 12 April 2019 section 30 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 30B(1) amended 25 June 2020 section 52(1) Arms Legislation Act 2020 Section 30B(4) amended 25 June 2020 section 52(2) Arms Legislation Act 2020 Section 30B(5) amended 25 June 2020 section 52(3) Arms Legislation Act 2020
31: Possession of firearm, pistol,
prohibited item Notwithstanding anything in this Act, a person who is not entitled under this Act to have possession of a firearm or pistol or prohibited item prohibited item a theatrical, cinematic, television film, or video recording production
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 prohibited item
b: that person has possession of that firearm or pistol or prohibited item
c: that person is not in possession of any ammunition (other than blank ammunition) for the firearm or pistol, or prohibited item Section 31 substituted 1 November 1992 section 14 Arms Amendment Act 1992 Section 31 heading amended 12 April 2019 section 31(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 31 amended 25 June 2020 section 53 Arms Legislation Act 2020 Section 31 amended 12 April 2019 section 31(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 31(a) amended 12 April 2019 section 31(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 31(b) amended 12 April 2019 section 31(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 31(c) amended 12 April 2019 section 31(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
31A: Conditions of endorsements
1: Every endorsement is granted subject to the conditions that any person who is in possession of a pistol, restricted weapon (other than an air pistol), prohibited firearm, or prohibited magazine by virtue of that endorsement must—
a: produce that pistol, restricted weapon, prohibited firearm, or prohibited magazine to any member of the Police on demand; and
b: permit the member of the Police to inspect the pistol, restricted weapon, prohibited firearm, or prohibited magazine and the place where it is kept, and, for that purpose, to enter at all reasonable times upon the premises where the place is situated.
2: It is the duty of every member of the Police exercising any power conferred by subsection (1)—
a: to identify themselves to the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine; and
b: to tell the person in possession of the pistol, restricted weapon, prohibited firearm, or prohibited magazine that the power is being exercised under subsection (1); and
c: if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police. Section 31A inserted 12 April 2019 section 32 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
32: Further conditions of endorsements in respect of pistols and restricted weapons
1: It is a condition of every endorsement made under section 30
a: observes, in respect of every pistol or restricted weapon or part of a restricted weapon in his possession, such security precautions as are required by regulations made under this Act; and
b: ensures that every restricted weapon in his possession is both rendered inoperable by the removal of a vital part and maintained, by reason of the removal of a vital part, in an inoperable condition.
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 30 Section 32 heading replaced 12 April 2019 section 33 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
33: Revocation of endorsements
1: If, in the opinion of a commissioned officer of Police, any person whose licence bears an endorsement made under section 30
a: would not, on an application made under section 29
b: has failed to observe any conditions of the endorsement,— that commissioned officer may, by notice in writing under his hand, revoke that endorsement, and that person shall, upon demand, surrender his firearms licence to a member of the Police for cancellation of the endorsement.
2: An endorsement in respect of a pistol shall not be revoked under subsection (1) if—
a: the holder of the firearms licence has owned that pistol since before 16 May 1969 and, immediately before that date, was registered under section 9 of the Arms Act 1958 as the owner of that pistol; and
b: the pistol, although less than 762 millimetres in length, has not been reduced below that length since 15 May 1969 and is not designed or adapted to be held and fired with 1 hand.
3: 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 pistol or a restricted weapon, as the case may require, whether or not the firearms licence is surrendered pursuant to subsection (1).
4: The provisions of this section are in addition to the provisions of sections 27 28
33A: Further conditions of endorsement in respect of prohibited firearm or prohibited magazine
1: An endorsement on a firearms licence in respect of a prohibited firearm or prohibited magazine made under section 30B
a: the holder of the firearms licence may only possess and use the prohibited firearm or prohibited magazine in their capacity as an exempt person; and
b: the holder of the firearms licence must observe in respect of every prohibited firearm or prohibited magazine in their possession all security precautions required by regulations made under this Act; and
c: the holder of the firearms licence who is an exempt person under section 4A(1)﻿(b), (c), (d), or (e)
i: not use live ammunition in the prohibited firearm in their possession; and
ii: ensure that the prohibited firearm is—
A: rendered inoperable by removal of a vital part; and
B: maintained, by reason of the removal of the vital part, in an inoperable condition; and
iii: ensure that the removed vital part is kept at a separate address from the prohibited firearm; and
d: any other conditions regarding the use and custody of the prohibited item in their possession that the Commissioner thinks necessary.
2: In subsection (1)﻿(c)﻿(iii), separate address Section 33A replaced 12 April 2019 section 34 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
33B: Revocation of endorsement in respect of prohibited firearm or prohibited magazine
1: If, in the opinion of a commissioned officer of Police, any person whose licence bears an endorsement made under section 30B
a: would not, on an application made under section 30A
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 prohibited firearm or prohibited magazine
3: The provisions of this section are in addition to the provisions of sections 27 to 28 Section 33B inserted 1 November 1992 section 15 Arms Amendment Act 1992 Section 33B heading replaced 12 April 2019 section 35(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 33B(2) amended 12 April 2019 section 35(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
33C: Duration of endorsements
1: An endorsement made under section 30 30B
a: the employee’s firearms licence expires:
b: the employee’s firearms licence is surrendered or revoked:
c: the licensed dealer’s licence expires:
d: the licensed dealer’s licence is surrendered or revoked:
e: the relevant endorsement made under section 30 30B
f: the employee ceases to be employed by the licensed dealer.
2: However, unless earlier revoked or surrendered, an endorsement made under section 30B section 4A(1)﻿(f), (g), (h), (i), or (j)
a: the date that is 2 years and 6 months after the date on which the endorsement was made:
b: the date on which the licence—
i: is surrendered or revoked; or
ii: expires.
3: Unless earlier revoked or surrendered, an endorsement made under section 30 30B Section 33C inserted 25 June 2020 section 54 Arms Legislation Act 2020
34: Notification of change of address
1: A holder of a firearms licence who changes their address must, within 30 days after doing so, give written notice of the change to a member of the Police.
2: Every holder of a firearms licence, being a licence that bears an endorsement permitting the holder to have possession of a pistol, prohibited firearm, prohibited magazine must notify a member of the Police pistol, prohibited firearm, prohibited magazine
3: A person commits an offence and is liable on conviction to a fine not exceeding $2,000 if the person, without reasonable excuse, contravenes subsection (1) or (2). SR 1959/5 rr 19, 20; SR 1976/143 r 5 Section 34(1) replaced 25 June 2020 section 55(1) Arms Legislation Act 2020 Section 34(2) amended 25 June 2020 section 55(2) Arms Legislation Act 2020 Section 34(2) amended 12 April 2019 section 36 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 34(2) amended 1 November 1992 section 16 Arms Amendment Act 1992 Section 34(3) replaced 25 June 2020 section 55(3) Arms Legislation Act 2020 Photographs Heading inserted 1 November 1992 section 17 Arms Amendment Act 1992
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) section 30A section 36
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). Section 34A inserted 1 November 1992 section 17 Arms Amendment Act 1992
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 36
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 a Police station Section 34B inserted 1 November 1992 section 17 Arms Amendment Act 1992 Section 34B(b) amended 25 June 2020 section 56 Arms Legislation Act 2020 Permits to possess pistols, restricted weapons, prohibited firearms, prohibited magazines, and pistol carbine conversion kits Heading replaced 25 June 2020 section 57 Arms Legislation Act 2020
35: Issue of permit to possess pistol or restricted weapon
1: A permit to possess
2: A permit to possess a pistol or restricted weapon may be issued if the member of the Police to whom the application is made is satisfied—
a: that the applicant holds a dealer’s licence that bears an endorsement made under section 30
b: that the applicant holds a firearms licence that bears an endorsement made under section 30
2A: A permit may not be issued under this section to an applicant acting in their capacity as an employee of a licensed dealer.
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.
5: No permit is to be issued under this section in respect of an anti-personnel mine or a cluster munition Section 35 substituted 1 November 1992 section 18 Arms Amendment Act 1992 Section 35 heading replaced 12 April 2019 section 38(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 35(1) amended 12 April 2019 section 38(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 35(1) amended 12 April 2019 section 38(3) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 35(2) replaced 25 June 2020 section 58 Arms Legislation Act 2020 Section 35(2A) inserted 25 June 2020 section 58 Arms Legislation Act 2020 Section 35(5) added 9 December 1998 section 30(4) Anti-Personnel Mines Prohibition Act 1998 Section 35(5) amended 1 August 2010 section 20(7) Cluster Munitions Prohibition Act 2009
35AAA: Issue of permit to possess pistol carbine conversion kit
1: A permit to possess a pistol carbine conversion kit may be issued to an applicant only by a member of the Police acting under a direction of the Commissioner.
2: A permit to possess a pistol carbine conversion kit may be issued if the member of the Police to whom the application is made is satisfied—
a: that the applicant—
i: is the holder of a dealer’s licence that bears an endorsement made under section 30
ii: has been issued with—
A: a permit, under section 18
B: a permit, under section 35
b: that the applicant (not being an employee of a licensed dealer)—
i: is the holder of a firearms licence that bears an endorsement made under section 30
ii: has been issued with—
A: a permit, under section 18
B: a permit, under section 35
3: The member of the Police to whom the application is made must also be satisfied that—
a: the pistol carbine conversion kit specifically enables a pistol that has an overall length of no more than 400 millimetres and is capable of firing specified ammunition at a muzzle velocity of 1,600 feet per second or less to be fired from the shoulder; and
b: the pistol carbine conversion kit does not modify the pistol in any way other than as specified in paragraph (a).
4: However, if an application is made by an applicant in the applicant’s capacity referred to in section 29(2)﻿(b), (c), (d), or (e)
5: Unless sooner revoked, a permit issued under this section remains in force for the period specified in the permit, which must not exceed 1 month.
6: A permit may at any time be revoked by a commissioned officer of Police. Section 35AAA inserted 25 June 2020 section 59 Arms Legislation Act 2020
35A: Issue of permit to possess prohibited firearm or prohibited magazine
1: A permit to possess a prohibited firearm or prohibited magazine may be issued only by a member of the Police acting under a direction of the Commissioner.
2: A permit to possess a prohibited firearm or prohibited magazine may be issued if the applicant holds a dealer’s licence or firearms licence that bears an endorsement made under section 30B
2A: A permit may not be issued under this section to an applicant acting in their capacity as an employee of a licensed dealer.
3: Unless sooner revoked, a permit issued under this section remains in force for the period specified in the permit, which must not exceed 1 month.
4: A permit may at any time be revoked by a commissioned officer of Police. Section 35A inserted 12 April 2019 section 39 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 35A(2) replaced 25 June 2020 section 60 Arms Legislation Act 2020 Section 35A(2A) inserted 25 June 2020 section 60 Arms Legislation Act 2020
36: Offence to carry pistol, prohibited firearm, prohibited magazine, or restricted weapon without authority
1: No person shall carry a pistol , prohibited firearm, prohibited magazine,
2: Any such endorsement may be at any time revoked by any commissioned officer of Police.
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1).
4:
5: It is a good defence to a prosecution for an offence against subsection (3) if the defendant proves—
a: that he is the holder of a firearms licence; and
b: that he has owned the firearm to which the charge relates since before 16 May 1969; and
c: that, immediately before 16 May 1969, he was registered under section 9 of the Arms Act 1958 as the owner of that firearm; and
d: that, although that firearm is less than 762 millimetres in length, it has not been reduced below that length since 15 May 1969 and is not designed or adapted to be held and fired with 1 hand. 1958 No 21 ss 13, 23A; 1974 No 68 s 8 Section 36 heading replaced 25 June 2020 section 61(1) Arms Legislation Act 2020 Section 36(1) amended 25 June 2020 section 61(2) Arms Legislation Act 2020 Section 36(3) replaced 25 June 2020 section 61(3) Arms Legislation Act 2020 Section 36(4) repealed 25 June 2020 section 61(4) Arms Legislation Act 2020
37: Surrender of restricted weapon
1: Subject to subsection (2) or an endorsement made under section 30
2: Before the expiry of 1 month after the publication under the Legislation Act 2019
a: to be destroyed; or
b: to be disposed of to a person approved by the Commissioner; or
c: to be exported from New Zealand; or
d: to be delivered to a member of the Police.
3: The Minister of Finance shall, subject to subsection (4), pay compensation out of a Crown Bank Account
4: Compensation shall not be paid under subsection (3) unless the Minister is satisfied—
a: that the person claiming compensation has acquired the weapon or parts lawfully; and
b: if he has brought the weapon or parts into New Zealand, that he has done so lawfully. 1958 No 21 s 12(1)–(2); 1962 No 59 s 3 Section 37(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989
38: Removal of
pistol, prohibited firearm, prohibited magazine
1: A holder of a firearms licence who intends to remove any pistol, prohibited firearm, prohibited magazine, or restricted weapon from New Zealand must—
a: give not less than 4 days’ notice of the intended removal to a member of the Police; and
b: deliver to a Police station their firearms licence for amendment of the endorsement.
2: A person commits an offence and is liable on conviction to a fine not exceeding $2,000 if the person, without reasonable excuse, contravenes subsection (1). SR 1959/5 r 20; SR 1976/143 r 5(a)–(c) Section 38 heading substituted 1 November 1992 section 19 Arms Amendment Act 1992 Section 38 heading amended 12 April 2019 section 40(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 38(1) replaced 25 June 2020 section 62(1) Arms Legislation Act 2020 Section 38(2) replaced 25 June 2020 section 62(2) Arms Legislation Act 2020
6: Shooting clubs and shooting ranges
Part 6 inserted 24 June 2022 section 63 Arms Legislation Act 2020
38A: Interpretation
In this Part,— application for approval section 38D application for certification section 38L certified shooting range section 38P shooting activities
a: means activities that are carried out using a firearm or an airgun for the purpose of shooting at inanimate targets (whether fixed or moving); but
b: excludes—
i: paintball shooting; and
ii: airsoft shooting shooting club
a: act in accordance with a set of written rules; and
b: participate in, or intend to participate in, shooting activities on a regular basis shooting range
a: means a facility (whether indoor or outdoor), or a designated area of land, used by a shooting club or members of the public for the primary purpose of carrying out shooting activities; and
b: includes any defence area (as that term is defined in section 2(1) Section 38A inserted 24 June 2022 section 63 Arms Legislation Act 2020 Shooting clubs Heading inserted 24 June 2022 section 63 Arms Legislation Act 2020
38B: Shooting club must have certificate of approval
1: A shooting club that uses a shooting range for its shooting activities must hold a certificate of approval issued by the Commissioner.
2: A pistol club that applies for a certificate of approval must be registered under the Incorporated Societies Act 1908
3: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, establishes or continues to operate a shooting club without the club holding a certificate of approval. Section 38B inserted 24 June 2022 section 63 Arms Legislation Act 2020
38C: Shooting club must be incorporated society if ammunition or firearms sold on its behalf
1: This section applies if ammunition or firearms are sold on behalf of a shooting club.
2: A shooting club to which this section applies may not hold a certificate of approval under section 38G Incorporated Societies Act 1908 Section 38C inserted 24 June 2022 section 63 Arms Legislation Act 2020
38D: Application to have shooting club approved
1: An application for a certificate of approval must be made,—
a: if the shooting club is a body corporate, by a person who is authorised to make the application; or
b: if the shooting club is not a body corporate, by the club’s representative who is authorised by the club to make the application.
2: An application for approval must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—
a: be in a form approved by the Commissioner; and
b: be supported by any information and documents that are prescribed; and
c: be accompanied by the prescribed application fee (if any). Section 38D inserted 24 June 2022 section 63 Arms Legislation Act 2020
38E: Commissioner may make inquiries and request further information
On receipt of an application for approval made under section 38D
a: may make whatever inquiries the Commissioner considers necessary to determine whether the application should be granted; and
b: may request the applicant to provide any further information or documents that the Commissioner considers necessary to determine whether the application should be granted. Section 38E inserted 24 June 2022 section 63 Arms Legislation Act 2020
38F: Decision on application for certificate of approval
The Commissioner may grant an application for approval made under section 38D
a: will be using a certified shooting range for its shooting activities; and
b: has rules relating to the safe operation of firearms and promotes the safe possession and use of firearms; and
c: is appropriately administered; and
d: is able to safely manage its shooting activities; and
e: has proper storage for any firearm or ammunition held at any of the club’s premises or at a shooting range used by the club. Section 38F inserted 24 June 2022 section 63 Arms Legislation Act 2020
38G: Issue of certificate of approval
1: If the Commissioner grants an application for approval, the Commissioner must issue to the shooting club a certificate of approval.
2: A certificate of approval may be granted subject to any conditions that the Commissioner considers appropriate. Section 38G inserted 24 June 2022 section 63 Arms Legislation Act 2020
38H: Duration of certificate of approval
A certificate of approval granted to a shooting club continues until—
a: surrendered by the shooting club; or
b: cancelled by the Commissioner. Section 38H inserted 24 June 2022 section 63 Arms Legislation Act 2020
38I: Cancellation of certificate of approval
1: The Commissioner must cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—
a: the shooting club is not using a certified shooting range for its shooting activities; or
b: the shooting club is no longer carrying on its operations; or
c: the shooting club no longer meets the requirements in section 38C 38F
d: the shooting club has failed to comply with an improvement notice issued under section 38V
2: The Commissioner may cancel a shooting club’s certificate of approval if the Commissioner is satisfied that—
a: the shooting club has failed to comply with any conditions to which its certificate of approval is subject; or
b: the shooting club has failed to report any serious firearms-related safety incident; or
c: any activity of the shooting club has raised any reasonable concern about the safety of its members or the public. Section 38I inserted 24 June 2022 section 63 Arms Legislation Act 2020
38J: Club may have to reapply for certificate of approval
1: The Commissioner may require a shooting club to reapply for a certificate of approval if—
a: the club has amalgamated with another shooting club that has a different discipline; or
b: the club is an incorporated society that has ceased to be registered under the Incorporated Societies Act 1908
2: Sections 38D to 38I Section 38J inserted 24 June 2022 section 63 Arms Legislation Act 2020
38K: Annual reports
1: A shooting club must, not later than 5 months after the end of its financial year, provide to the Commissioner an annual report on its operation.
2: The annual report must include the particulars prescribed in regulations made under this Act. Section 38K inserted 24 June 2022 section 63 Arms Legislation Act 2020 Shooting ranges Heading inserted 24 June 2022 section 63 Arms Legislation Act 2020
38L: Shooting ranges must be certified
1: A person may not operate a shooting range unless the shooting range is a certified shooting range.
2: A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1). Section 38L inserted 24 June 2022 section 63 Arms Legislation Act 2020
38M: Application to have shooting range certified
1: An application for certification of a shooting range may be made,—
a: if the person who is proposing to operate the range is an individual, by that individual; or
b: if the person who is proposing to operate the range is a body corporate, by a person who is authorised to make the application; or
c: if the person who is proposing to operate the range is not an individual or a body corporate, by the person’s representative who is authorised by the person to make the application.
2: An application for certification must be made to the Commissioner in the manner prescribed by regulations made under this Act, and must—
a: be in a form approved by the Commissioner; and
b: be supported by any information and documents that are prescribed; and
c: be accompanied by the prescribed application fee (if any). Section 38M inserted 24 June 2022 section 63 Arms Legislation Act 2020
38N: Commissioner may make inquiries and request further information
On receipt of an application for certification made under section 38M
a: may make whatever inquiries the Commissioner considers necessary to determine whether the application should be granted; and
b: may request the applicant to provide any further information or documents that the Commissioner considers necessary to determine whether the application should be granted. Section 38N inserted 24 June 2022 section 63 Arms Legislation Act 2020
38O: Decision on application to have shooting range certified
The Commissioner may grant an application for certification made under section 38M
a: the shooting range meets all required safety standards published by the Commissioner; and
b: all necessary territorial authority and regional council consents to operate the shooting range have been obtained. Section 38O inserted 24 June 2022 section 63 Arms Legislation Act 2020
38P: Grant of certification
If the Commissioner grants an application for certification in respect of a shooting range, the Commissioner must issue a certificate to the applicant. Section 38P inserted 24 June 2022 section 63 Arms Legislation Act 2020
38Q: Certification granted subject to conditions
1: A certificate granted under section 38P
a: holds a firearms licence; and
b: is appropriately trained in shooting range safety management.
2: Certification granted under section 38P
a: maintenance of the shooting range:
b: public access to the shooting range:
c: restrictions on the types of firearms and ammunition that may be used at the shooting range:
d: competitions that may be conducted at the shooting range.
3: A certified shooting range must request the Commissioner to review its range certification if it is intended that the operation of the range will depart from the conditions imposed by or under this section. Section 38Q inserted 24 June 2022 section 63 Arms Legislation Act 2020
38R: Duration of certification
A certificate issued in respect of a shooting range remains in force 5 years after the date it is issued unless the certificate is sooner surrendered or cancelled. Section 38R inserted 24 June 2022 section 63 Arms Legislation Act 2020
38S: Cancellation of certification
The Commissioner may cancel certification in respect of a shooting range if the Commissioner is satisfied that—
a: the shooting range is no longer being operated as a shooting range; or
b: the shooting range is not being operated with proper regard to individual or public safety; or
c: the operator of the shooting range is not complying with any conditions imposed under section 38Q
d: having regard to the matters specified in section 38O
e: the operator of a shooting range has failed to comply with an improvement notice issued under section 38V Section 38S inserted 24 June 2022 section 63 Arms Legislation Act 2020
38T: Renewal of certification
1: A certificate granted under section 38P
2: Sections 38M to 38S
3: A renewed certificate is to be treated for all purposes as a new certification granted under section 38P
4: If the circumstances of the shooting range have not changed significantly for 5 years, the applicant may initiate the renewal of the certification by using a form approved by the Commissioner instead of applying under section 38M Section 38T inserted 24 June 2022 section 63 Arms Legislation Act 2020 Compliance Heading inserted 24 June 2022 section 63 Arms Legislation Act 2020
38U: Inspections of shooting clubs and shooting ranges
1: For the purpose of ensuring that a shooting club or shooting range is operated in accordance with this Act, a person who is a member of the Police and authorised in writing by the Commissioner may—
a: enter and inspect—
i: any shooting range (including any shooting club that is part of the range); and
ii: any place where the shooting club stores firearms or ammunition:
b: inspect, print, copy, or remove any documents that the person believes on reasonable grounds to be those of the shooting club or shooting range.
2: A member of the Police must give at least 7 days’ notice of their intention to enter and inspect a venue of a shooting club or a shooting range.
3: The provisions of Part 4 subpart 3 1989 No 80 s 319B 2002 No 40 s 39 Section 38U inserted 24 June 2022 section 63 Arms Legislation Act 2020
38V: Improvement notices
1: This section applies if a member of the Police reasonably believes that a shooting club or shooting range—
a: is failing, is likely to fail, or has failed to comply with any conditions to which a certificate of approval or certification is subject; or
b: is contravening, is likely to contravene, or has contravened a provision of this Act or regulations made under this Act.
2: If this section applies, the member of the Police may issue an improvement notice to the shooting club or the operator of the shooting range requiring the shooting club or shooting range, within a reasonable period of time specified in the notice, to—
a: remedy the non-compliance or contravention; or
b: prevent a likely non-compliance or contravention from occurring. 2015 No 70 s 101 Section 38V inserted 24 June 2022 section 63 Arms Legislation Act 2020
38W: Temporary suspension of shooting club’s operations pending possible cancellation of certificate of approval
1: A member of the Police may, by notice in writing to a shooting club, temporarily suspend the operations of the shooting club if the member is satisfied that the shooting club has failed to comply with an improvement notice issued under section 38V
2: A notice of temporary suspension must state—
a: the ground on which the notice is given; and
b: the date on which the suspension begins; and
c: that the suspension is to enable the Police to consider cancelling the shooting club’s certificate of approval on that ground; and
d: that the suspension lasts until notice of the decision as to whether to cancel the certificate of approval is given to the shooting club, but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period. Section 38W inserted 24 June 2022 section 63 Arms Legislation Act 2020
38X: Temporary suspension of shooting range’s operations pending possible cancellation of certification
1: A member of the Police may, by notice in writing to the operator of a shooting range, temporarily suspend the operations of the shooting range if the member is satisfied that the shooting range has failed to comply with an improvement notice issued under section 38V
2: A notice of temporary suspension must state—
a: the ground on which the notice is given; and
b: the date on which the suspension begins; and
c: that the suspension is to enable the Police to consider cancelling the shooting range’s certification on that ground; and
d: that the suspension lasts until notice of the decision as to whether to cancel the certification is given to the operator of the shooting range, but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period. Section 38X inserted 24 June 2022 section 63 Arms Legislation Act 2020 Miscellaneous obligations Heading repealed 25 June 2020 section 64 Arms Legislation Act 2020
39: Loss, theft, or destruction
Section 39 repealed 25 June 2020 section 64 Arms Legislation Act 2020
40: Person in possession of firearm, etc, must give identifying information to Police
Section 40 repealed 25 June 2020 section 64 Arms Legislation Act 2020
41: Powers of Police to require surrender of airguns or antique firearms
Section 41 repealed 25 June 2020 section 64 Arms Legislation Act 2020
7: Direct access by certain government agencies to registry
Part 7 inserted 24 June 2023 section 63 Arms Legislation Act 2020
38Y: Interpretation
In this Part,— accessing agency
a: the Department of Conservation; and
b: the Ministry of Foreign Affairs and Trade; and
c: the New Zealand Customs Service arms item section 2(1) direct access
a: search the registry:
b: copy any information stored in the registry import and export information
a: any permit to import issued to the licence holder under section 18(2) or (4)
b: any class or classes of arms items exported by the licence holder licence holder
a: a person who is the holder of a firearms licence; and
b: a person who at any time held a firearms licence licence information
a: the licence holder’s—
i: name; and
ii: date of birth; and
iii: residential address; and
b: the following details about the licence holder’s firearms licence:
i: the firearms licence number; and
ii: the date of expiry of the firearms licence; and
iii: any endorsements on the firearms licence. Section 38Y inserted 24 June 2023 section 63 Arms Legislation Act 2020
38Z: Relationship between this Part and other law
This Part does not prevent or limit the collection, use, or disclosure of information that—
a: is authorised or required by or under any enactment; or
b: is permitted under any enactment. Section 38Z inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZA: Direct access to licence information
1: The Department of Conservation may have direct access to a licence holder’s licence information recorded in the registry.
2: The purpose of the direct access is to provide administrative assistance to the Director-General of Conservation in relation to the issue, under section 38 Section 38ZA inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZB: Direct access to import and export information recorded in registry
1: The Ministry of Foreign Affairs and Trade and the New Zealand Customs Service may have direct access to a licence holder’s import and export information recorded in the registry.
2: The purpose of the direct access is to assist the agencies in performing or exercising their functions, duties, and powers in relation to the movement of lawfully permitted and lawfully possessed arms items. Section 38ZB inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZC: Direct access must be in accordance with direct access agreement
All direct access authorised by section 38ZA 38ZB
a: the Minister responsible for the accessing agency; and
b: the Minister of Police. Section 38ZC inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZD: Matters to which Ministers must have regard before entering into direct access agreement
Before entering into a direct access agreement, the Ministers referred to in section 38ZC
a: that—
i: in the case of direct access authorised by section 38ZA
ii: in the case of direct access authorised by section 38ZB
b: that there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the direct access, use, disclosure, and retention of the information are sufficient; and
c: that the agreement includes appropriate procedures for direct access, use, disclosure, and retention of the information. Section 38ZD inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZE: Consultation before entering into direct access agreement
1: Before entering into a direct access agreement, the Ministers referred to in section 38ZC
a: the Privacy Commissioner; and
b: the advisory group established under section 88
2: When consulted on a direct access agreement, the Privacy Commissioner must have particular regard to the matters that the Ministers need to be satisfied of before entering into the agreement that are specified in section 38ZD(b) and (c)
3: The Ministers must have regard to any comment received from the Privacy Commissioner and the advisory group on the proposed agreement. Section 38ZE inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZF: Content of direct access agreements
A direct access agreement must specify—
a: the particular information in relation to licence holders that may be accessed:
b: the particular purpose or purposes for which the information may be accessed:
c: the particular function, duty, or power being, or to be, performed or exercised by the accessing agency for which the information is required:
d: the mechanism by which the information is to be accessed:
e: the position or designation of the person or persons in the accessing agency who may access the information:
f: the records to be kept in relation to each occasion on which the registry is accessed:
g: the safeguards that are to be applied for protecting information:
h: the requirements relating to storage and disposal of information obtained from the registry:
i: that the accessing agency may use the information only in accordance with the purposes for which it was accessed:
j: the requirements for reviewing the agreement:
k: the requirement to regularly audit access to the registry. Section 38ZF inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZG: Variation of direct access agreement
Sections 38ZD 38ZE Section 38ZG inserted 24 June 2023 section 63 Arms Legislation Act 2020
38ZH: Publication of direct access agreements
1: An agreement, and all variations to the agreement, must be published on—
a: an Internet site maintained by or on behalf of the accessing agency; and
b: an Internet site maintained by or on behalf of the Police.
2: However, subsection (1) does not apply to—
a: an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982
b: a provision of an agreement or a variation of an agreement that may be withheld on a request made under the Official Information Act 1982
3: If, in reliance on subsection (2)﻿(a), an agreement or a variation of an agreement is not published, a summary of the agreement or variation of the agreement must be published on—
a: an Internet site maintained by or on behalf of the accessing agency; and
b: an Internet site maintained by or on behalf of the Police. Section 38ZH inserted 24 June 2023 section 63 Arms Legislation Act 2020
7A: Firearms prohibition orders
Part 7A inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39: Interpretation
For the purposes of this Part, firearm or related item Section 39 inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39A: When FPO may be made
1: This section applies when a court is sentencing an offender who—
a: has been convicted of—
i: an offence under section 16(4) 16A 44A 50A 50D 51A 53A 54 54A 55 55A 55D 55E 55F
ii: a specified violent offence as defined in section 4
iii: an offence under section 98A 189A 308A
iv: an offence under any of sections 6A to 10 sections 12 to 13E
b: committed the offence—
i: when aged 18 years or over; and
ii: after the commencement of this section.
2: The court may make an FPO against the offender if the court is satisfied, on the balance of probabilities, that the imposition of an FPO is necessary, reasonable, and appropriate to assist in managing the risk that the offender poses to public safety. Section 39A inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022 Section 39A(1)﻿(a)﻿(iii) replaced 5 April 2023 section 8 Criminal Activity Intervention Legislation Act 2023
39B: Effect of FPO
1: An FPO made against an offender prohibits the offender from accessing, possessing, or using any firearm or related item.
2: An FPO is subject to—
a: the standard conditions set out in section 39C section 39D
b: any special conditions imposed under section 39E Section 39B inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39C: Standard conditions of FPO
1: The standard conditions of an FPO are that the offender against whom the order is made must not—
a: associate with or, in any place (including a vehicle), otherwise be in the presence of a person who has with them any firearms or related items that are not in secure storage:
b: reside at any premises in which any firearms or related items are stored:
c: join, or remain a member of, any shooting club (including an airsoft shooting club) or firearms club of any kind, visit the premises of such clubs, or attend the events of such clubs:
d: attend any shooting range or shooting gallery:
e: attend an activity of any kind that involves the use of any firearms or related items:
f: visit any premises or place at which firearms or related items are manufactured, sold, repaired, hired, lent, or otherwise supplied.
2: For the purposes of subsection (1)﻿(b), a person resides Section 39C inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39D: Varying or modifying standard conditions of FPO
1: When making an FPO against an offender, the court may vary or modify the standard conditions of the FPO set out in section 39C
a: the nature and seriousness of the offence in respect of which the offender has been convicted; and
b: the circumstances of the offending; and
c: the offender’s personal circumstances (for example, the effect the standard conditions would have on the offender’s employment opportunities); and
d: any other matters that the court considers relevant.
2: The court may not vary or modify the standard condition in section 39C(1)﻿(b)
3: For the purposes of subsection (2), the court may take into account any proposal agreed between the responsible person and a member of the Police for the Commissioner to prescribe conditions on the responsible person’s firearms licence.
4: In subsection (3), responsible person section 39C(1)﻿(b) Section 39D inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39E: Special conditions of FPO
When making an FPO against an offender, the court may impose any 1 or more conditions, additional to the standard conditions, that the court considers are reasonably necessary to prevent the offender from accessing, possessing, or using any firearms or related items. Section 39E inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39F: Commencement and duration of FPO
1: If a court makes an FPO when imposing a non-custodial sentence on the offender, the FPO commences when it is made.
2: If a court makes an FPO when imposing a custodial sentence on the offender, the FPO commences when the offender is released from custody (not being a temporary release under section 62
3: An FPO continues in force for a period of 10 years unless sooner revoked by a court. Section 39F inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39G: Modifying or replacing FPO on subsequent conviction
If a person who is subject to an FPO is subsequently convicted of an offence of the kind specified in section 39A(1)﻿(a)
a: vary or modify any of the existing conditions of the FPO; or
b: impose any special conditions, or additional special conditions; or
c: revoke the FPO and make a new FPO. Section 39G inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
39H: Appeal against decision to make or not make FPO is appeal against sentence
An FPO is a sentence, and subpart 4 Section 39H inserted 15 November 2022 section 8 Firearms Prohibition Orders Legislation Act 2022
8: Offences
Part 8 heading inserted 25 June 2020 section 66 Arms Legislation Act 2020 Offences Heading repealed 25 June 2020 section 66 Arms Legislation Act 2020
42: Offences in respect of licences
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $20,000, if the person,—
a: with intent to deceive,—
i: adds to a licence any words or figures extraneous to the licence as issued; or
ii: alters on or erases from any licence any words or figures; or
iii: uses or retains any licence—
A: to which have been added any words or figures extraneous to the licence as issued; or
B: from which any words or figures have been erased from the licence as issued; or
C: on which any words or figures on the licence as issued have been altered; or
b: being the holder of a licence, wilfully parts with possession of that licence in order that it may be used by another person; or
c: uses or attempts to use a licence issued in the name of another person with the intention of procuring the possession of any firearm, airgun, pistol, restricted weapon, magazine, or ammunition; or
d: supplies particulars or answers in any application for a licence under this Act, knowing them to be incorrect or misleading. Section 42 replaced 25 June 2020 section 67 Arms Legislation Act 2020
42A: Offence to breach firearms prohibition order
1: A person commits an offence if the person breaches a firearms prohibition order by—
a: accessing, possessing, or using any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, prohibited item, or ammunition; or
b: failing, without reasonable excuse, to comply with any condition of the order.
2: A person who is convicted of an offence under subsection (1)﻿(a) is liable,—
a: if the person accesses, possesses, or uses a prohibited firearm, to a term of imprisonment not exceeding 7 years:
b: in any other case, to a term of imprisonment not exceeding 5 years.
3: A person who is convicted of an offence under subsection (1)﻿(b) is liable to a term of imprisonment not exceeding 2 years. Section 42A inserted 15 November 2022 section 10 Firearms Prohibition Orders Legislation Act 2022
42B: Offence to supply firearms, etc, to person subject to firearms prohibition order
1: A person must not supply, or give possession of, any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, prohibited item, or ammunition to another person knowing that the other person is subject to a firearms prohibition order.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: if the person supplies or gives possession of a prohibited firearm, to a term of imprisonment not exceeding 7 years:
b: in any other case, to a term of imprisonment not exceeding 5 years. Section 42B inserted 15 November 2022 section 10 Firearms Prohibition Orders Legislation Act 2022
43: Selling or supplying firearm or airgun to unlicensed person
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $20,000, if the person—
a: sells or supplies a firearm (other than a pistol, prohibited item, or restricted weapon) to any person who is not the holder of a firearms licence, a dealer’s licence, or a permit issued for the purposes of section 16(1)
b: sells or supplies an airgun to any individual who is under the age of 18 years and is not the holder of a firearms licence.
2: It is a defence to a prosecution for an offence against subsection (1)﻿(a) if the defendant proves—
a: that the defendant took reasonable steps to ascertain whether the person to whom they sold or supplied the firearm ( A
b: that—
i: the firearm was sold or supplied to A for use under the immediate supervision of another person, not being a visitor, who holds a firearms licence ( B
ii: at all times, while A was in possession of the firearm, A was under the immediate supervision of B.
3: It is a defence to a prosecution for an offence against subsection (1)﻿(b) if—
a: the defendant proves that the defendant took reasonable steps to ascertain whether the individual to whom they sold or supplied the airgun (not being a specially dangerous airgun) ( C
b: the defendant proves—
i: that the airgun was sold or supplied to C for use under the immediate supervision of another person ( D
ii: that at all times while C was in possession of the airgun, C was under the immediate supervision of D. Section 43 replaced 25 June 2020 section 68 Arms Legislation Act 2020
43AA: Selling or supplying prohibited ammunition
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years if the person, without reasonable excuse, sells or supplies prohibited ammunition. Section 43AA replaced 25 June 2020 section 69 Arms Legislation Act 2020
43A: Mail order or Internet sale of arms items or ammunition
1: A person must not sell by mail order or on the Internet any item specified in subsection (2), otherwise than under a written order—
a: signed by the purchaser; and
b: signed by a member of the Police stating that the member of the Police—
i: has inspected the purchaser’s firearms licence; and
ii: has inspected, in the case of an item specified in subsection (2)﻿(d), the permit issued to the purchaser under section 35AAA
iii: is satisfied that the purchaser is a fit and proper person to purchase the item; and
c: recording, in the case of the sale of an item specified in subsection (2)﻿(a), (b), (c), or (d), the marking on the item.
2: The items referred to in subsection (1) are—
a: non-prohibited firearms:
b: non-prohibited magazines:
c: non-prohibited parts:
d: pistol carbine conversion kits:
e: airguns (other than an airgun for use in airsoft or paintball sports):
f: ammunition (other than ammunition for a firearm of the kind described in section 22(1)﻿(a), (b), or (c)
3: A person must not sell by mail order or on the Internet any prohibited item, pistol, or restricted weapon, unless—
a: the purchaser has obtained an endorsement on their dealer’s licence or firearms licence that authorises them to possess a prohibited item, pistol, or restricted weapon; and
b: the purchaser has, in the case of a prohibited firearm, prohibited magazine, pistol, or restricted weapon, obtained a permit to possess that prohibited firearm, prohibited magazine, pistol, or restricted weapon; and
c: the prohibited item, pistol, or restricted weapon is delivered by a courier specified in the permit referred to in paragraph (b) or, in the case of a prohibited part, a form specified by the Police.
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1) or (3). Section 43A replaced 25 June 2020 section 70 Arms Legislation Act 2020
43B: Restriction on sales of ammunition
Section 43B repealed 24 December 2020 section 71 Arms Legislation Act 2020
44: Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or to a fine not exceeding $30,000, if the person sells or supplies a pistol 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)
b: by a permit issued under section 35
2: It is a defence to a prosecution for an offence against subsection (1) if—
a: the defendant proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol or restricted weapon ( A
b: the defendant proves, in the case of a prosecution relating to the sale or supply of a pistol,—
i: that the pistol was supplied to A for use—
A: on a range of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29
B: under the immediate supervision of another person ( B
ii: that, at all times while A was in possession of the pistol, A was—
A: on a range of the kind described in subparagraph (i)﻿(A); and
B: under the immediate supervision of B. Section 44 replaced 25 June 2020 section 72 Arms Legislation Act 2020
44AA: Unlawful sale or supply of pistol carbine conversion kit
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or to a fine not exceeding $30,000, if the person sells or supplies a pistol carbine conversion kit to any person other than a person who is authorised—
a: by a permit issued under section 18AA section 16(1)﻿(d)
b: by a permit issued under section 35AAA
2: It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol carbine conversion kit was the holder of a permit of the kind described in subsection (1)﻿(a) or (b).
3: It is also a defence to a prosecution for an offence against subsection (1) if the defendant proves—
a: that the pistol carbine conversion kit was supplied to a person ( A
i: on a certified pistol range; and
ii: under the immediate supervision of another person ( B section 30
b: that, at all times while A was in possession of the pistol carbine conversion kit, A was—
i: on a certified pistol range; and
ii: under the immediate supervision of B. Section 44AA inserted 25 June 2020 section 72 Arms Legislation Act 2020
44A: Offence to sell or supply prohibited firearm or prohibited magazine
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, without reasonable excuse, sells or supplies a prohibited firearm or prohibited magazine to a person other than a person who holds—
a: a permit issued for the purposes of section 16(1)
b: a permit issued under section 35A
2: It is not an offence against this section to sell or supply a semi-automatic pistol to a person in the person’s capacity referred to in section 29(2)﻿(b), (c), (d), or (e)
a: a permit, under section 18
b: a permit, under section 35 Section 44A inserted 12 April 2019 section 48 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 44A(2) inserted 25 June 2020 section 73 Arms Legislation Act 2020
44B: Offence to sell or supply prohibited part
Every person commits an offence and is liable to imprisonment for a term not exceeding 2 years who, without reasonable excuse, sells or supplies a prohibited part to a person other than a person who holds an endorsement to possess a prohibited firearm. Section 44B inserted 12 April 2019 section 48 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
45: Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purpose
1: Every person commits an offence and is liable on conviction
a: carries; or
b: is in possession of— any firearm, airgun, pistol, prohibited magazine,
2: In any prosecution for an offence against subsection (1) in which it is proved that the defendant was carrying or in possession of any firearm, airgun, pistol, prohibited magazine, and sufficient purpose 1958 No 21 s 16(1), (3) Section 45 heading replaced 12 April 2019 section 49(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 45(1) amended 12 April 2019 section 49(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 45(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 45(1) amended 1 November 1992 section 23(1) Arms Amendment Act 1992 Section 45(2) amended 12 April 2019 section 49(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 45(2) amended 8 March 1985 Arms Amendment Act 1985
46: Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $4,000, if the person, except for some lawful, proper, and sufficient purpose, carries an imitation firearm.
2: In any prosecution for an offence against subsection (1) in which it is proved that the defendant was carrying an imitation firearm, the defendant has the burden of proving the existence of some lawful, proper, and sufficient purpose. Section 46 replaced 25 June 2020 section 74 Arms Legislation Act 2020
47: Being in charge of firearm, airgun, pistol, or restricted weapon while under the influence of drink or drug
Every person commits an offence and is liable on $3,000 1958 No 21 s 16(2), (3) Section 47 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 47 amended 1 November 1992 section 24 Arms Amendment Act 1992
48: Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, discharges a firearm, airgun, pistol, or restricted weapon in or near a dwellinghouse or a public place so as to—
a: endanger property; or
b: endanger, annoy, or frighten any person. Section 48 replaced 25 June 2020 section 75 Arms Legislation Act 2020
49: Using, discharging, or carrying certain firearms except for some lawful, proper, or sufficient purpose
1: Every person commits an offence and is liable on
a: a bolt gun or a stud gun:
b: a humane killer:
c: a tranquilliser gun:
d: a stock marking pistol:
e: an underwater spear gun:
f: a flare pistol:
g: a deer net gun:
h: a pistol that is part of rocket or line throwing equipment:
i: a miniature cannon.
2: In any prosecution for an offence against subsection (1) in which it is proved that the defendant used, discharged, or carried a firearm of a kind described in that subsection, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant. Section 49(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
49A: Unlawful possession of firearm
, prohibited magazine, prohibited part, Every person commits an offence and is liable on , prohibited magazine, prohibited part, , prohibited magazine, prohibited part, Section 49A inserted 1 November 1992 section 26 Arms Amendment Act 1992 Section 49A heading amended 12 April 2019 section 50(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 49A amended 12 April 2019 section 50(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 49A amended 1 July 2013 section 413 Criminal Procedure Act 2011
50: Unlawful possession of pistol
1: Every person commits an offence and is liable on conviction
a: is in possession of a pistol and is not a person authorised or permitted, expressly or by implication, by or pursuant to this Act, to be in possession of that pistol; or
b: is in possession of a restricted weapon and is not a person authorised or permitted, expressly or by implication, by or pursuant to this Act, to be in possession of that restricted weapon.
c:
2: It is not an offence against this section to be in possession of a pistol that is an antique firearm.
3: In any prosecution for an offence against subsection (1) in which it is proved that the defendant was in possession of a pistol
4: It is a good defence to a prosecution for an offence against subsection (1)﻿(a) if the defendant proves—
a: that he is the holder of a firearms licence; and
b: that he has owned the firearm to which the charge relates since before 16 May 1969; and
c: that, immediately before 16 May 1969, he was registered under section 9 of the Arms Act 1958 as the owner of that firearm; and
d: that, although that firearm is less than 762 millimetres in length, it has not been reduced below that length since 15 May 1969 and is not designed or adapted to be held and fired with 1 hand.
5: It is a good defence to a prosecution for an offence against subsection (1)﻿(a) if the defendant proves—
a: that the pistol was in his possession for use both—
i: on the range of an incorporated pistol club for the time being recognised by the Commissioner for the purposes of section 29
ii: under the immediate supervision of the holder of a firearms licence bearing an endorsement permitting that person to have possession of that pistol or a pistol of that kind; and
b: that at all times while the defendant was in possession of the pistol he was both on such a range and under the immediate supervision of such a person. 1958 No 21 ss 7A, 7B(2), 12(1), (4), 23A; 1962 No 59 s 3; 1971 No 46 s 3; 1974 No 68 ss 4, 8; 1976 No 151 s 5; SR 1959/5 rr 12(4), 22A; SR 1964/32 rr 5, 7 Section 50 heading substituted 1 November 1992 section 27 Arms Amendment Act 1992 Section 50 heading amended 12 April 2019 section 51(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 50(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 50(1)﻿(c) repealed 12 April 2019 section 51(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 50(3) substituted 1 November 1992 section 27(2) Arms Amendment Act 1992 Section 50(3) amended 12 April 2019 section 51(3) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
50AA: Unlawful possession of pistol carbine conversion kit
1: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000, or both, if the person—
a: is in possession of a pistol carbine conversion kit; and
b: is not a person authorised or permitted, expressly or by implication, by or under this Act to be in possession of that pistol carbine conversion kit.
2: In any prosecution for an offence against subsection (1) in which it is proved that the defendant was in possession of a pistol carbine conversion kit, the defendant has the burden of proving that they were authorised or permitted, expressly or by implication, by or under this Act to be in possession of the pistol carbine conversion kit.
3: It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the pistol carbine conversion kit was in their possession for use—
a: on a certified range; and
b: under the immediate supervision of another person who holds a firearms licence bearing an endorsement made under section 30 Section 50AA inserted 25 June 2020 section 76 Arms Legislation Act 2020
50A: Unlawful possession of prohibited firearm
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who—
a: is in possession of a prohibited firearm; and
b: is not authorised or permitted expressly by or pursuant to this Act to be in possession of that prohibited firearm. Section 50A inserted 12 April 2019 section 52 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
50B: Unlawful possession of prohibited magazine
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years who—
a: is in possession of a prohibited magazine; and
b: is not authorised or permitted expressly by or pursuant to this Act to be in possession of that prohibited magazine. Section 50B inserted 12 April 2019 section 52 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
50C: Unlawful possession of prohibited part
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years who without reasonable excuse is in possession of a prohibited part and who is not authorised by an endorsement made under section 30B Section 50C inserted 12 April 2019 section 52 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
50CA: Unlawful possession of prohibited ammunition
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years if the person—
a: is in possession of prohibited ammunition; and
b: is not authorised or permitted expressly by or pursuant to this Act to be in possession of the prohibited ammunition. Section 50CA inserted 25 June 2020 section 77 Arms Legislation Act 2020
50D: Unlawfully carrying or possessing prohibited firearm in public place
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years Section 50D inserted 12 April 2019 section 52 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 50D amended 25 June 2020 section 78 Arms Legislation Act 2020
51: Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, explosive, or restricted weapon
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or a fine not exceeding $4,000, or both, who, without lawful purpose,—
a: carries a firearm (other than a prohibited firearm), an airgun, a pistol, a restricted weapon, ammunition, or an explosive in a public place; or
b: possesses a firearm (other than a prohibited firearm), an airgun, a pistol, a restricted weapon, ammunition, or an explosive in a public place.
2: In any prosecution for an offence against subsection (1), in which it is proved that the defendant was carrying in any public place or had in his possession in any public place any firearm, airgun, pistol, ammunition, explosive, or restricted weapon, the burden of proving the existence of some lawful purpose shall lie on the defendant. 1958 No 21 s 16B; 1974 No 68 s 7 Section 51(1) replaced 12 April 2019 section 53 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
51A: Presenting prohibited firearm at other person
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, unless for some lawful purpose, presents at any other person—
a: a prohibited firearm; or
b: anything that, in the circumstances, is likely to lead that person to believe it to be a prohibited firearm.
2: For the purposes of an offence against subsection (1)﻿(a), it does not matter whether the prohibited firearm is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile. Section 51A inserted 12 April 2019 section 54 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
52: Presenting firearm, airgun, pistol, or restricted weapon at other person
1: Every person commits an offence and is liable on 6 months, or to a fine not exceeding $10,000, presents a firearm (other than a prohibited firearm)
2: Every person commits an offence and is liable on 6 months, or to a fine not exceeding $10,000, (other than a prohibited firearm) 1958 No 21 s 18; 1964 No 36 s 7 Section 52(1) amended 25 June 2020 section 79 Arms Legislation Act 2020 Section 52(1) amended 12 April 2019 section 55(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 52(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52(2) amended 25 June 2020 section 79 Arms Legislation Act 2020 Section 52(2) amended 12 April 2019 section 55(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 52(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
53: Careless use of firearm, airgun, pistol, or restricted weapon
1: Every person commits an offence and is liable on conviction
2: Every person commits an offence and is liable on conviction in
3: Every person commits an offence and is liable on conviction
4: It shall be no defence to the crime of manslaughter that the guilty act or omission proved against the person charged 1958 No 21 ss 16(2A), 16A; 1964 No 36 s 6(1); 1966 No 18 s 4; 1971 No 46 s 4 Section 53(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(2) amended 8 March 1985 Arms Amendment Act 1985 Section 53(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
53A: Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 10 years who makes, or attempts to make, any use whatsoever of any prohibited firearm with intent to resist or prevent the lawful arrest or lawful detention of—
a: themselves:
b: any other person.
2: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years
3: It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that they possessed the prohibited firearm for a lawful purpose. Section 53A inserted 12 April 2019 section 56 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 53A(2) amended 25 June 2020 section 80 Arms Legislation Act 2020
54: Use or attempted use of
airgun
1: Every person commits an offence and is liable on conviction airgun,
2: Every person commits an offence and is liable on conviction (other than a prohibited firearm)
3: It is a good defence to a prosecution for an offence against subsection (2) if the defendant proves that he had the firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive in his possession for a lawful purpose. 1958 No 21 s 18A; 1976 No 151 s 10(1) Section 54 heading replaced 12 April 2019 section 57(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 54 heading amended 25 June 2020 section 81(1) Arms Legislation Act 2020 Section 54(1) amended 25 June 2020 section 81(2) Arms Legislation Act 2020 Section 54(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(1) amended 28 October 1986 Crimes Amendment Act (No 2) 1986 Section 54(2) amended 12 April 2019 section 57(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 54(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
54A: Carrying prohibited firearm with criminal intent
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who carries any prohibited firearm with intent to commit an offence. Section 54A inserted 12 April 2019 section 58 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
55: Carrying firearm, etc, with criminal intent
1: Every person commits an offence and is liable on conviction any firearm (other than a prohibited firearm)
2: In a prosecution for an offence against subsection (1), proof that the defendant had any firearm (other than a prohibited firearm) 1958 No 21 s 18B; 1976 No 151 s 10(1) Section 55 heading replaced 12 April 2019 section 59(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 55(1) amended 12 April 2019 section 59(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 55(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 55(2) amended 12 April 2019 section 59(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
55A: Offence to assemble prohibited firearm
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, without lawful purpose,—
a: assembles a prohibited firearm; or
b: converts a firearm into a prohibited firearm. Section 55A inserted 12 April 2019 section 60 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
55B: Offence of failing to produce
prohibited firearm prohibited firearm Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months $10,000 section 30 30B fails without reasonable excuse
a: produce a pistol, restricted weapon, prohibited firearm, or prohibited magazine in their possession to any member of the Police upon demand; or
b: permit any member of the Police to inspect the pistol, restricted weapon, prohibited firearm, or prohibited magazine, or the place where it is kept, or to enter that place. Section 55B inserted 12 April 2019 section 60 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 55B heading amended 25 June 2020 section 82(1) Arms Legislation Act 2020 Section 55B amended 25 June 2020 section 82(2) Arms Legislation Act 2020 Section 55B amended 25 June 2020 section 82(3) Arms Legislation Act 2020 Section 55B amended 25 June 2020 section 82(4) Arms Legislation Act 2020
55C: Offence of failing to produce firearm other than pistol, restricted weapon, or prohibited firearm on demand or to permit inspection of firearm
A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, fails to—
a: produce a firearm (other than a pistol, restricted weapon, or prohibited firearm) in their possession to a member of the Police on demand; or
b: permit a member of the Police to inspect a firearm (other than a pistol, restricted weapon, or prohibited firearm) or the place where it is kept, or to enter that place. Section 55C inserted 25 June 2020 section 83 Arms Legislation Act 2020
55D: Offences relating to illegal manufacturing of certain arms items
1: A person commits an offence if the person—
a: intentionally manufactures or assembles a firearm or restricted weapon using parts that have been illegally manufactured, imported, or trafficked; or
b: intentionally enters into a contract or an arrangement, or arrives at an understanding, to manufacture or assemble a firearm or restricted weapon using parts that have been illegally manufactured, imported, or trafficked; or
c: does not hold a dealer’s licence, but intentionally manufactures for sale, transfer, rental, or other supply—
i: a firearm, pistol, prohibited firearm, or restricted weapon; or
ii: a part of a firearm, pistol, prohibited firearm, or restricted weapon; or
iii: a pistol carbine conversion kit; or
d: does not hold a dealer’s licence, but intentionally enters into a contract or an arrangement, or arrives at an understanding, to manufacture for sale, transfer, rental, or other supply—
i: a firearm, pistol, prohibited firearm, or restricted weapon; or
ii: a part of a firearm, pistol, prohibited firearm, or restricted weapon; or
iii: a pistol carbine conversion kit; or
e: intentionally fails to mark a firearm, part of a firearm, or pistol carbine conversion kit manufactured by the person in accordance with this Act or regulations made under section 74
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 10 years.
3: For the purposes of this section, anything that purports to be, or is intended to have the effect of, a contract, an arrangement, or an understanding must be treated as a contract, an arrangement, or an understanding (as the case may be). Section 55D inserted 25 June 2020 section 83 Arms Legislation Act 2020
55E: Offences relating to illegal trafficking of firearms, parts, or ammunition
1: A person commits an offence if the person intentionally—
a: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, into New Zealand without lawful authority, or if the item is not marked in accordance with this Act and regulations made under section 74
b: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, from New Zealand to another country, without lawful authority, or if the item is not marked in accordance with this Act and regulations made under section 74
c: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, through or across New Zealand to another country without lawful authority; or
d: moves, delivers, sends, or transfers any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, into another country from or through New Zealand without lawful authority.
2: A person commits an offence if the person intentionally enters into a contract or an arrangement, or arrives at an understanding, to do anything described in subsection (1)﻿(a) to (d).
3: A person who commits an offence against subsection (1) or (2) is liable on conviction to imprisonment for a term not exceeding 10 years.
4: For the purposes of this section, anything that purports to be, or is intended to have the effect of, a contract, an arrangement, or an understanding must be treated as a contract, an arrangement, or an understanding (as the case may be).
5: Any firearm, pistol, pistol carbine conversion kit, prohibited firearm, or restricted weapon, or any part or ammunition, that is imported within the meaning of the Customs and Excise Act 2018 sections 388 389 Section 55E inserted 25 June 2020 section 83 Arms Legislation Act 2020
55F: Offences relating to falsifying firearm markings
1: A person commits an offence if the person intentionally—
a: marks a complete firearm, or a complete but unassembled firearm, with any false identifying markings at the time of manufacture; or
b: marks an imported firearm with any false identifying markings.
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 10 years. Section 55F inserted 25 June 2020 section 83 Arms Legislation Act 2020
55G: Offences relating to removing or altering firearm markings
1: A person commits an offence if the person, without reasonable excuse, obliterates, removes, or alters a marking on a firearm or part.
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 years.
3: If any mark is removed for a lawful and proper purpose, the firearm or part must be re-marked in accordance with the marking requirements of this Act and regulations made under section 74 Section 55G inserted 25 June 2020 section 83 Arms Legislation Act 2020
55H: Extraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G
1: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against section 55D 55E 55F 55G
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: has been found in New Zealand and has not been extradited; or
iv: is an entity incorporated or registered under the law of New Zealand; or
b: if any of the acts or omissions are alleged to have occurred on board—
i: a ship registered, or required to be registered, under the Ship Registration Act 1992
ii: a ship used as a ship of the New Zealand Defence Force; or
iii: an aircraft registered, or required to be registered, in New Zealand under the Civil Aviation Act 1990
iv: an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or
v: an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand.
2: The following sections do not apply to an offence against section 55D 55E 55F 55G
a: section 8
b: section 400
3: Nothing in this section limits—
a: the application of section 55D 55E 55F 55G
b: the application of section 7
i: an act or omission forming part of an offence; or
ii: an event necessary to the completion of an offence; or
c: the application of section 8A Section 55H inserted 25 June 2020 section 83 Arms Legislation Act 2020
55I: Attorney-General’s consent required
1: No charging document may be filed against any person in relation to an offence against section 55D 55E 55F 55G
2: A person alleged to have committed an offence against section 55D 55E 55F 55G Section 55I inserted 25 June 2020 section 83 Arms Legislation Act 2020
56: Obstruction of member of Police
Every person commits an offence and is liable on 1958 No 21 s 19 Section 56 amended 1 July 2013 section 413 Criminal Procedure Act 2011
57: Offences committed by corporations
When an offence against this Act punishable by imprisonment (whether or not it is also punishable by a fine) is committed by a corporation, the corporation shall be liable on 1958 No 21 s 22 Section 57 amended 1 July 2013 section 413 Criminal Procedure Act 2011
58: Reporting of injuries caused by firearms, airguns, pistols, or restricted weapons
1: Every person who causes bodily injury to or the death of any person by the use of a firearm, airgun, pistol, or restricted weapon, shall, as soon as reasonably practicable, report the incident in person—
a: at the nearest Police station; or
b: to a member of the Police.
2: Every person commits an offence and is liable on 1962 No 135 s 65(3), (6) Section 58(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
58A: Offences relating to registry
1: A person commits an offence who, without reasonable excuse, fails to provide information to the Police in accordance with section 95
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.
3: A person commits an offence if the person intentionally fails to provide information to the Police in accordance with section 95
4: A person commits an offence if the person provides information to the Police for inclusion in the registry, knowing the information to be false or misleading in a material respect.
5: A person who commits an offence against subsection (3) or (4) is liable on conviction to a term of imprisonment not exceeding 2 years, or to a fine not exceeding $20,000. Section 58A inserted 24 June 2023 section 84 Arms Legislation Act 2020
59: Unsafe firearms or pistols
1: Where, in the opinion of a commissioned officer of Police, any firearm or pistol is unsafe, that commissioned officer may, by notice in writing to the owner of that firearm or pistol, require the owner to ensure that that firearm or pistol is brought to a safe standard of repair and produced to a member of the Police within a period or by a date specified in the notice.
2: If the owner of any firearm or pistol fails to comply with a notice given to him under subsection (1) in respect of that firearm or pistol, a commissioned officer of Police may, by notice in writing to that owner, require him to surrender that firearm or pistol forthwith to a member of the Police.
3: Any owner of a firearm or pistol who is required—
a: by a notice under subsection (1) to ensure that a firearm or pistol is brought to a safe standard of repair and produced to a member of the Police within a period or by a date specified in the notice; or
b: by a notice under subsection (2) to surrender a firearm or pistol to a member of the Police,— may appeal under section 62
4: An owner of a firearm or pistol commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the owner, without reasonable excuse, fails to comply with a notice given to them under subsection (2) in respect of that firearm or pistol.
5: Nothing in this section applies in respect of an antique firearm. 1958 No 21 s 11A; 1968 No 21 s 4; 1976 No 151 s 7 Section 59(4) replaced 25 June 2020 section 85 Arms Legislation Act 2020
9: Miscellaneous provisions
Part 9 heading inserted 25 June 2020 section 86 Arms Legislation Act 2020 Marking of firearms Heading inserted 15 November 2022 section 11 Firearms Prohibition Orders Legislation Act 2022
59AAA: Marking of firearms
1: This section applies to all firearms, parts, pistol carbine conversion kits, and magazines possessed by firearms licence holders, including those manufactured in or imported into New Zealand, but does not apply to antique firearms.
2: Firearms, parts, pistol carbine conversion kits, and magazines to which this section applies must be marked to the extent provided in, and in accordance with, requirements set out in regulations made under section 74
3: The Crown is not liable to pay compensation in respect of—
a: the loss of value in the case of any firearm, part, pistol carbine conversion kit, or magazine that results from it being marked in accordance with the regulations; or
b: the cost of marking the firearm, part, pistol carbine conversion kit, or magazine. Section 59AAA renumbered 15 November 2022 section 9 Firearms Prohibition Orders Legislation Act 2022 Surrender or delivery of firearms, etc Heading inserted 12 April 2019 section 61 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
59A: Surrender by licensed dealer of firearms, etc
1: A licensed dealer does not contravene section 10
a: a pistol:
b: a pistol carbine conversion kit:
c: a restricted weapon:
d: a prohibited item.
2: A licensed dealer does not contravene section 12
a: a firearm:
b: an airgun:
c: a pistol:
d: a pistol carbine conversion kit:
e: a prohibited item:
f: a restricted weapon. Section 59A replaced 25 June 2020 section 87 Arms Legislation Act 2020
59B: Voluntary delivery to Police of firearms, etc
1: If any arms item or ammunition is delivered to the Police by a person who is not authorised to be in possession of the item or ammunition, it is affirmed that the Police have the discretion not to prosecute in any case where—
a: the offence is considered to be one of possession only; and
b: there is no public interest in proceeding with the prosecution.
2: See also Parts 1 2 Section 59B replaced 25 June 2020 section 88 Arms Legislation Act 2020
60: Improvement notices
1: This section applies if a member of the Police reasonably believes that a person with a firearms or dealer’s licence or an ammunition seller is failing, has failed, or is likely to fail to comply with—
a: 1 or more applicable provisions of this Act or regulations made under this Act; or
b: any conditions on a licence, an endorsement, or a permit.
2: The member of the Police may issue an improvement notice that—
a: states the applicable provision or provisions, or condition or conditions, that the member of the Police reasonably believes the person is failing, has failed, or is likely to fail to comply with; and
b: requires the person to remedy the failure or prevent a failure from occurring; and
c: states the date by which the person is required to remedy the failure or prevent a failure from occurring.
3: An improvement notice must be in writing and be sent to the person by post or electronic means to their last known address.
4: The member of the Police may extend the time within which the person is required to remedy the failure or prevent a failure from occurring.
5: A person issued with an improvement notice must comply with the notice within the time specified in the notice (or within any extended time allowed by the member of the Police). See sections 60A 60B Section 60 inserted 24 December 2020 section 89 Arms Legislation Act 2020
60A: Temporary suspension of licence pending possible revocation
1: A member of the Police may, by notice in writing to the holder of a firearms or dealer’s licence, temporarily suspend the licence if satisfied that 1 or more of the following apply:
a: the holder is not a fit and proper person to be in possession of any firearm or airgun, which includes a case where—
i: the holder has failed or refused to secure any arms items or ammunition in the person’s possession in accordance with regulations made under this Act; or
ii: the holder has failed to comply with any conditions imposed on their licence; or
iii: the holder has failed to comply with an improvement notice issued under section 60
iv: the member of the Police is so satisfied on the basis of a notice given under section 92
v: the licence has been seized under section 18
b: the holder, being the holder of a dealer’s licence, is not a fit and proper person to hold a dealer’s licence:
c: access to any firearm or airgun in the possession of the holder is reasonably likely to be obtained by—
i: a person whose application for a firearms licence has been refused; or
ii: a person whose firearms licence has been revoked; or
iii: a person who, in the opinion of a member of the Police, is not a fit and proper person to be in possession of a firearm or an airgun or ammunition; or
iv: a person, other than the holder, whose firearms licence has been temporarily suspended.
2: A notice of temporary suspension of a licence must state—
a: the ground on which the notice is given; and
b: the licence that the notice applies to; and
c: that if the person also holds a dealer’s licence, their dealer’s licence will also be suspended while that firearms licence is suspended; and
d: the date on which the suspension begins; and
e: that the suspension is to enable the Police to consider revoking the licence on that ground; and
f: that the holder may, at any time before a day stated in the notice, make oral or written submissions on whether the licence should be revoked on that ground; and
g: that the suspension lasts until notice of the decision as to whether to revoke the licence is given to the holder but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period; and
h: that the effect of the notice is that the holder is treated as not holding the licence for the purposes of this Act until a final determination on revocation of the licence is made ( see sections 60B 60C
i: that the holder may commit an offence if the holder carries on any activities that require the holder to be licensed under this Act; and
j: that the holder may be required immediately or before a date specified by a member of the Police to surrender to Police the holder’s licence and the arms items and ammunition in the holder’s possession.
3: The day stated under subsection (2)﻿(f) must not be sooner than, in the opinion of the Police, is reasonable to enable the holder to prepare and make submissions. Section 60A inserted 24 December 2020 section 89 Arms Legislation Act 2020
60B: Effect of temporary suspension of firearms licence
1: During the period that a firearms licence is suspended, this Act applies as if the firearms licence holder were not licensed to possess any arms item or ammunition under the licence or any endorsement on it.
2: At any time during the period that a firearms licence is suspended, a member of the Police may require the firearms licence holder (orally or in writing) to immediately surrender to a member of the Police—
a: their firearms licence; and
b: every arms item in their possession or under their control; and
c: all ammunition in their possession or under their control.
3: If a firearms licence holder fails to comply with a requirement under subsection (2)﻿(b) or (c), a member of the Police may seize and take possession of any arms item or ammunition in the possession or under the control of the holder.
4: If a person’s firearms licence is temporarily suspended and the person holds a dealer’s licence,—
a: the holder’s dealer’s licence is suspended while their firearms licence remains suspended; and
b: section 60C Section 60B inserted 24 December 2020 section 89 Arms Legislation Act 2020
60C: Effect of temporary suspension of dealer’s licence
1: During the period that the dealer’s licence is suspended,—
a: this Act applies as if the dealer were not authorised to carry on any dealer activity; and
b: an employee of the dealer may not carry on or assist with the carrying on of any dealer activity on behalf of the dealer.
2: At any time during the period that a dealer’s licence is suspended, a member of the Police may require the dealer (orally or in writing) to immediately surrender to a member of the Police—
a: their dealer’s licence; and
b: every arms item in their possession or under their control; and
c: all ammunition in their possession or under their control.
3: If a dealer fails to comply with a requirement under subsection (2)﻿(b) or (c), a member of the Police may seize and take possession of any arms item or ammunition in the possession or under the control of the dealer. Section 60C inserted 24 December 2020 section 89 Arms Legislation Act 2020 Search and seizure of firearms Heading repealed 1 October 2012 section 323(2) Search and Surveillance Act 2012
60: Search of suspected persons and seizure of firearms, airguns, pistols, imitation firearms, restricted weapons, ammunition, or explosives
Section 60 repealed 1 October 2012 section 323(2) Search and Surveillance Act 2012
60A: Search of suspected persons and seizure of firearms in cases of domestic violence
Section 60A repealed 1 October 2012 section 323(2) Search and Surveillance Act 2012
61: Search of land or buildings for firearms, airguns, pistols, imitation firearms, restricted weapons, ammunition, or explosives
Section 61 repealed 1 October 2012 section 323(2) Search and Surveillance Act 2012 Appeals
62: Right of review of official decisions
1: This section applies to a decision to refuse an application for, or to revoke, a firearms licence.
2: A person who is the subject of a decision to which this section applies may apply in the prescribed manner to the Commissioner for a review of the decision.
3: An application must state—
a: the decision that the applicant wishes to be reviewed; and
b: the reasons why the applicant thinks the decision should be reviewed; and
c: the outcome the applicant is seeking.
4: An application must, subject to subsection (5), be made within 28 days after the date on which notice of the relevant decision is given to the person.
5: The Commissioner may accept a late application no later than 28 days after the closing date in subsection (4) if satisfied that there are extenuating circumstances that affected the ability of the claimant to make the application by the closing date. Section 62 replaced 24 December 2020 section 90 Arms Legislation Act 2020
62A: How review to be conducted
1: The Commissioner must delegate under section 72 section 62
2: The reviewer must review the decision on the papers within 28 days after the date on which the application for review was lodged.
3: The Commissioner must give the applicant a written or an electronic notice of the reviewer’s decision, and that decision has effect according to its terms.
4: The original decision remains in force until the reviewer’s decision is notified to the applicant. Section 62A inserted 24 December 2020 section 90 Arms Legislation Act 2020
62B: Right of appeal to District Court
1: A person who is the subject of a decision referred to in paragraph (a) or (b) paragraph (c)
a: a decision to refuse an application for any of the following:
i: a dealer’s licence:
ii: consent under section 7A
iii: a permit for the purposes of section 16(1)
iv: a firearms licence:
v: an endorsement under section 30 30B 36
vi: a permit under section 35
vii: a permit under section 35AAA
viii: a permit under section 35A
ix: a certificate of approval for a shooting club under section 38G
x: certification of a shooting range under section 38P
b: a decision to issue subject to conditions imposed by a member of the Police, or to revoke, any of the following:
i: a dealer’s licence:
ii: a permit for the purposes of section 16(1)
iii: a firearms licence:
iv: an endorsement under section 30 30B 36
v: a permit under section 35
vi: a permit under section 35AAA
vii: a permit under section 35A
viii: a certificate of approval for a shooting club under section 38G
ix: certification of a shooting range under section 38P
c: a person who has been served with a notice under section 59 66C
2: However, in the case of a decision to which section 62
a: first applied under section 62
b: been notified of the reviewer’s decision.
3: On hearing an appeal under subsection (1), the District Court Judge may, subject to subsection (5), confirm, vary, or reverse the decision appealed against.
4: Subsection (5) applies if—
a: an application for a firearms licence has been refused on the ground set out in section 24(2)
b: a firearms licence has been revoked on the ground set out in section 27(2)
5: If this subsection applies, the District Court Judge may, even though the Judge finds that ground established, vary or reverse the decision appealed against if satisfied that, since the decision was given, adequate measures have been taken to deny access to the firearm to the person whose likelihood of access to it was the basis of the refusal or revocation. Section 62B inserted 24 December 2020 section 90 Arms Legislation Act 2020
62C: Further provisions relating to appeals
1: Despite the fact that any appeal under section 62B
2: The decision of the District Court Judge on any appeal under section 62B section 64
3: No person is excused from complying with any of the provisions of this Act on the ground that—
a: the person has applied for a review under section 62
b: the person has appealed under section 62B Section 62C inserted 24 December 2020 section 90 Arms Legislation Act 2020
63: Appeal to District Court Judge in respect of compensation
The amount of compensation payable under any of the provisions of this Act in respect of any firearm, airgun, pistol, pistol carbine conversion kit, prohibited magazine, prohibited part, section 64 1958 No 21 s 15 Section 63 amended 25 June 2020 section 91 Arms Legislation Act 2020 Section 63 amended 12 April 2019 section 63 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
64: Appeal on a question of law
1: Where any party to any appeal under section 62B section 63
2: Subpart 8 Section 64(1) amended 24 December 2020 section 92 Arms Legislation Act 2020 Section 64(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Restoration of articles seized
65: Restoration of articles seized
On application by way of originating application, a District Court Judge may make such order as he thinks just and expedient for the restoration of any firearm, airgun, pistol, pistol carbine conversion kit, prohibited magazine, 1958 No 21 s 28; 1976 No 151 s 13 Section 65 amended 25 June 2020 section 93 Arms Legislation Act 2020 Section 65 amended 12 April 2019 section 64 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Foreign personal protection officers Heading repealed 1 October 1999 section 65H(1)﻿(a)
65A: Interpretation
Section 65A repealed 1 October 1999 section 65H(1)﻿(a)
65B: Power to authorise foreign personal protection officer to carry and have possession of firearms, etc
Section 65B repealed 1 October 1999 section 65H(1)﻿(a)
65C: Power to permit temporary importation of firearms, etc, by foreign personal protection officer
Section 65C repealed 1 October 1999 section 65H(1)﻿(a)
65D: Grounds for issue of written authority or written permit
Section 65D repealed 1 October 1999 section 65H(1)﻿(a)
65E: Conditions of written authority or written permit
Section 65E repealed 1 October 1999 section 65H(1)﻿(a)
65F: Inspections
Section 65F repealed 1 October 1999 section 65H(1)﻿(a)
65G: Power to revoke
Section 65G repealed 1 October 1999 section 65H(1)﻿(a)
65H: Expiry of sections 65A to 65G
1: Sections 65A to 65G
a: those sections, and the heading above section 65A
b: all written authorities issued under section 65B(1) section 65C(1)
2: If a written authority or written permit is treated under subsection (1)﻿(b) as having been revoked, the foreign personal protection officer to whom it was issued must—
a: immediately deliver the firearms, airguns, pistols, restricted weapons, and ammunition to which the authority or permit relates into the possession of the Police: and
b: as soon as practicable after they have been so delivered, arrange for their removal from New Zealand. Section 65H inserted 29 April 1999 section 2 Arms Amendment Act 1999 Other miscellaneous provisions Heading replaced 25 June 2020 section 94 Arms Legislation Act 2020
65I: Duration of licences extended because of COVID-19 outbreak
2021-09-26 Arms Act 1983 Section 65I repealed. Section 65I repealed 25 September 2021
66: Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon,
prohibited magazine, For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine, prohibited magazine, 1958 No 21 s 23; 1976 No 151 s 11 Section 66 heading amended 12 April 2019 section 65(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 66 amended 12 April 2019 section 65(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
66A: Loss, theft, or destruction of firearm, etc
1: This section applies if—
a: a firearm, prohibited magazine, prohibited part, or restricted weapon is lost, stolen, or destroyed; or
b: a non-prohibited part or non-prohibited magazine that is required to be recorded in the registry is lost, stolen, or destroyed.
2: The owner of the firearm, magazine, part, or restricted weapon must—
a: immediately notify a member of the Police of the loss, theft, or destruction; and
b: give all information in their possession relating to the loss, theft, or destruction to the member of the Police.
3: A notification under subsection (2) must be given in the form or manner, or both the form and manner, approved by the Commissioner.
4: Every person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (2). Section 66A inserted 25 June 2020 section 95 Arms Legislation Act 2020
66B: Person in possession of firearm, etc, must give identifying information to Police
1: A person in possession of any arms item or ammunition must, on demand, give their full name, address, and date of birth to any member of the Police who is in uniform or who produces evidence that they are a member of the Police.
2: If any person refuses to give their name, address, or date of birth, or gives false particulars about their name, address, or date of birth, a constable—
a: may caution that person; and
b: if that person persists in the refusal or fails or continues to refuse to give the correct particulars, may arrest the person without warrant.
3: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, in response to a demand under subsection (1) or (2),—
a: without reasonable excuse, refuses to give their name, address, or date of birth; or
b: willingly gives false particulars about their name, address, or date of birth. Section 66B inserted 25 June 2020 section 95 Arms Legislation Act 2020
66C: Powers of Police to require surrender of airguns or antique firearms
1: If any person who is not the holder of a firearms licence or a dealer’s licence is in possession of an airgun or antique firearm, a commissioned officer of Police may, by notice in writing served on that person, require that person to surrender the airgun or antique firearm to a member of the Police, if that officer is of the opinion that that person is not a fit and proper person to be in possession of the airgun or antique firearm.
2: If any person is served with a notice under subsection (1), that person must, on demand, deliver the airgun or antique firearm to a member of the Police, and section 28(4) to (7)
3: Any person required under this section to surrender an airgun or antique firearm may appeal under section 62B
4: A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, fails to comply with a notice given to them under subsection (1). Section 66C inserted 25 June 2020 section 95 Arms Legislation Act 2020
66D: Obligations of owner or operator of craft temporarily visiting New Zealand and carrying firearms, etc
1: If a craft arriving from a foreign country is, at any time, temporarily berthed, moored, or anchored in any harbour or territorial waters of New Zealand, and has on board any arms items that are not being off-loaded, the owner or operator of the craft must—
a: include details of all arms items on board the craft—
i: in an advance notice of arrival that is required to be provided to the New Zealand Customs Service by section 12
ii: in an inward report that is required to be provided to the New Zealand Customs Service by section 24
b: comply with any directions given by the New Zealand Customs Service or a member of the Police relating to the secure storage of those arms items, which may include a direction that the arms items be temporarily surrendered to a member of the Police or a Customs officer.
2: If the owner or operator of a craft does not comply with any direction given under subsection (1)﻿(b), a member of the Police or a Customs officer may—
a: board the craft; and
b: seize and detain the arms items; and
c: in effecting the seizure and detention of the arms items, use any reasonably necessary force.
3: In this section,— arms items craft section 5(1) operator section 5(1) owner section 5(1) Section 66D inserted 25 June 2020 section 95 Arms Legislation Act 2020
67: Liability of principal for acts of agent, etc
Where an offence is committed against this Act or against any regulation made under this Act by any person acting as the agent or servant of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he had personally committed the offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part. 1975 No 116 s 17(1)
68: Time for prosecutions not limited
Section 25 1958 No 21 s 21 Section 68 amended 1 July 2013 section 413 Criminal Procedure Act 2011
69: Forfeitures
1: If a person is convicted of an offence of using, carrying, or being in possession of any specified item, the convicting court must, as part of the sentencing, order that the specified item be forfeited to the Crown.
1A: If a person is convicted of an offence under section 42A
2: However, subsection (1) or (1A)
3: Anything ordered under subsection (1) or (1A)
a: is forfeited to the Crown accordingly; and
b: may be disposed of in any manner that the Commissioner directs.
4: In this section,— firearm or related item section 39 specified item Section 69 replaced 25 June 2020 section 96 Arms Legislation Act 2020 Section 69(1A) inserted 15 November 2022 section 12(1) Firearms Prohibition Orders Legislation Act 2022 Section 69(2) amended 15 November 2022 section 12(2) Firearms Prohibition Orders Legislation Act 2022 Section 69(3) amended 15 November 2022 section 12(3) Firearms Prohibition Orders Legislation Act 2022 Section 69(4) replaced 15 November 2022 section 12(4) Firearms Prohibition Orders Legislation Act 2022
70: Authorising disposal of firearms, etc, detained by Police
1: Without limiting the operation of any other provisions of this Act as to the disposal of any firearm, airgun, pistol, restricted weapon, imitation firearm, prohibited magazine, prohibited part, pistol carbine conversion kit, prohibited magazine, prohibited part, pistol carbine conversion kit,
2: Nothing in this section limits the authority of a District Court Judge to make an order for the restoration of any such firearm, airgun, pistol, restricted weapon, imitation firearm, prohibited magazine, prohibited part, pistol carbine conversion kit, section 65 1958 No 21 s 30; 1976 No 151 s 15 Section 70(1) amended 25 June 2020 section 97 Arms Legislation Act 2020 Section 70(1) amended 12 April 2019 section 67 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 70(2) amended 25 June 2020 section 97 Arms Legislation Act 2020 Section 70(2) amended 12 April 2019 section 67 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
71: Protection of persons acting under authority of this Act
No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Crown, or any Minister of the Crown, or any person acting in good faith in the execution or intended execution of this Act, save only in respect of any compensation that is payable in accordance with the express provisions of this Act. 1958 No 21 s 31
72: Delegation of powers by Commissioner
1: The Commissioner may from time to time, by writing under his hand, either generally or particularly, delegate to such member or members of the Police of a level of position
2: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.
3: Subject to subsection (1), any delegation under this section may be made to a specified member of the Police or to members of the Police of a specified level of position
4: Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner.
5: Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Commissioner.
6: The revocation of any such delegation shall not affect in any way anything done under the delegated authority. 1958 No 21 s 30A; 1976 No 151 s 16 Section 72(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 72(3) amended 1 October 2008 section 130(1) Policing Act 2008
72A: Service of documents
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; or
ca: transmitted to an electronic address that the person has provided as an address for service; or
d: made available to that person electronically through the registry, so long as an email is sent to an address supplied by the person to tell them that the notice or other document has been made available and the person has agreed to receive notices or documents in that way.
2: Without limiting the provisions of subsection (1), any notice or other document required or authorised by this Act to be served on or given to any person shall be deemed to have been duly served on or given to that person if it is given—
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 the District Court
5: Where any notice or other document is sent by post in accordance with subsection (1)﻿(c),—
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 fourth 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, the District Court
7: This section does not apply to notices or other documents served or given in any proceedings in any court. Section 72A inserted 1 November 1992 section 30 Arms Amendment Act 1992 Section 72A(1)﻿(ca) inserted 29 November 2022 section 7 Arms (Licence Holders' Applications for New Licences) Amendment Act 2022 Section 72A(1)﻿(d) inserted 25 June 2020 section 98 Arms Legislation Act 2020 Section 72A(4) amended 1 March 2017 section 261 District Court Act 2016 Section 72A(6) amended 1 March 2017 section 261 District Court Act 2016
73: Savings in respect of carriers and persons authorised to exercise powers of seizure
1: Notwithstanding anything in this Act, but subject to any prohibitions, limitations, restrictions, or conditions imposed by or pursuant to any regulations made under this Act,—
a: any carrier may have possession of a firearm, an airgun, a pistol, an imitation firearm, a restricted weapon, a magazine, a part, a pistol carbine conversion kit
b: any person who seizes any article, being a firearm, an airgun, a pistol, an imitation firearm, a restricted weapon, a magazine, a part, a pistol carbine conversion kit
2: In subsection (1)﻿(a), carrier Postal Services Act 1998 Section 73(1)﻿(a) amended 25 June 2020 section 99 Arms Legislation Act 2020 Section 73(1)﻿(a) amended 12 April 2019 section 68 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 73(1)﻿(b) amended 25 June 2020 section 99 Arms Legislation Act 2020 Section 73(1)﻿(b) amended 12 April 2019 section 68 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 73(2) substituted 1 April 1998 section 62(1) Postal Services Act 1998
74: Regulations
1: The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: regulating the issue, renewal, and replacement of permits and licences and the granting of endorsements:
b: prescribing the manner and content of applications for permits, licences, certificates of approval, certifications,
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:
bb: providing criteria, not inconsistent with this Act, for finding that a person is not a fit and proper person to be in possession of a firearm or an airgun:
bc: providing criteria, not inconsistent with this Act, for finding that a person is a fit and proper person to be in possession of a firearm or an airgun:
c: providing for applicants for firearms licences to pass theoretical and practical tests as to their ability to handle firearms safely or to undergo courses of training designed to teach them to handle firearms safely:
d: exempting applicants or classes of applicants for firearms licences from passing tests prescribed under paragraph (c):
e: prescribing conditions to which permits, licences, certificates of approval, certifications, , or authorising the Commissioner to prescribe conditions of that kind
ea: extending the expiry date of licences and endorsements in the event of a pandemic, an epidemic, or an emergency being declared under the Civil Defence Emergency Management Act 2002
f:
g: prescribing forms of applications, permits, licences, endorsements, registers, notices, and other documents required for the purposes of this Act, or authorising the Commissioner to prescribe or approve such forms, and requiring the use of such forms:
ga: prescribing the details that persons carrying on business are required under section 22E
gb: prescribing the particulars that are required to be included in annual reports of shooting clubs, including (but not limited to) finances, storage, safety, discipline, training, competitions, office holders, membership, participating non-members, attendance, and ratios of members who are licence holders, endorsement holders, or trained range officers to those who are not:
gc: prescribing the information and documents required to support an application under section 38D
gd: prescribing the information and documents required to support an application under section 38M
h: prescribing the particulars to be recorded by licensed dealers:
ha: making provision for the secure storage of a vital part removed from a prohibited firearm or restricted weapon to render it inoperable and prescribing precautions to be taken to prevent the theft or misuse of vital parts in the possession of any person or class of persons:
i: making provision for the security of any premises at which a licensed dealer carries on business and prescribing precautions to be taken to prevent the theft or misuse of firearms, airguns, pistols, prohibited items, pistol carbine conversion kits,
ia: making provision for the security of any premises at which an ammunition seller carries on business and prescribing precautions to be taken to prevent the theft or misuse of ammunition in the possession of ammunition sellers:
j: making provision for the security of premises at which any firearm or class of firearm is kept, and prescribing precautions to be taken to prevent the theft or misuse of firearms, airguns, pistols, prohibited items, pistol carbine conversion kits,
ja: providing for 1 or more of the following in relation to the sale or hiring of any arms item and ammunition:
i: material that must be included in any advertising, promotion, or display of any arms item and ammunition:
ii: advice that must be provided about legal conditions and requirements that apply to the purchase, possession, and use of arms items and ammunition (such as the legal age of purchase, licence or endorsement requirements, safe handling, transport, and storage):
iii: different requirements for different types of sale or hire activities carried out by dealers:
jb: providing for 1 or more of the following in relation to notices given by health practitioners for the purposes of section 92
i: the information that the Police must provide to a licence holder when notifying the holder that a report has been received from a health practitioner:
ii: the period within which a licence holder must undergo a further assessment or surrender their licence, for the purposes of section 92(3)
iii: the kinds or classes of health practitioners who may make a further assessment under section 92
iv: the responsibilities of a health practitioner who makes a further assessment:
k: specifying for the purposes of section 29
l: making provisions that relate to any marking required for any firearms, magazines, and parts with identifying markings:
la: declaring any firearm to be an antique firearm for the purposes of this Act:
lb: prescribing limits for the purposes of section 4A(1)﻿(f) to (j)
lc: prescribing wild animals or animal pests for the purposes of section 4A(1)﻿(i) and (j)
m: defining firearms either generally or for the purposes of any particular provisions of this Act:
n: applying any of the provisions of this Act to rifles, guns, or pistols of any calibre that are not firearms properly so called:
o: excluding any firearms or ammunition or parts of firearms or restricted weapons
p: enabling the Commissioner to direct that only certain members of the Police may issue permits or licences or grant endorsements under this Act:
pa: providing for any matters necessary or desirable for the efficient operation of the registry, including provisions that—
i: require licence holders or other persons to provide specified information to the Police for inclusion in the registry and specify the circumstances in which the requirement applies:
ii: specify the manner or form in which information is required to be provided to the Police for inclusion in the registry:
iii: impose additional requirements to be met for the purposes of the registry by persons described in section 4A
A: consent to conduct business at a gun show under section 7A
B: a permit to import under section 18
C: an endorsement under section 30B
D: a permit to possess under section 35A
iv: impose different requirements for different kinds of licences, conditions, or endorsements:
pb: without limiting paragraph (pa)﻿(i), requiring specified persons to provide specified information to the Police in accordance with the regulations in relation to firearms, parts, and magazines that are not required to be marked with identifying markings (for example, antique firearms and firearms exempted from or not covered by regulations made under paragraph (l)):
pc: requiring specified particulars to be recorded in the registry for the purpose of section 94(1)﻿(f)
q: conferring or providing for exemptions from any provision of any regulation made under this Act:
r: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $2,000
ra: providing, for the purposes of the orderly implementation of any Order in Council made under section 74A
i: any exemptions from any provisions of this Act or the regulations made under this Act (subject to terms or conditions, if any); and
ii: any other transitional or savings matters:
rb: providing for matters not inconsistent with this Act that relate to the operation of the advisory group appointed under section 88
i: state the quorum necessary for the transaction of the group’s business:
ii: require members to disclose any direct or indirect interest in a matter on which the group is providing advice:
iii: prohibit members from disclosing any information provided to them in confidence in their capacity as members of the group:
iv: enable the appointment of subcommittees:
rc: providing for matters not inconsistent with this Act that relate to the operation of the review process under section 62
rd: without limiting any class of persons who are authorised to do so under section 3
re: providing that any requirements mentioned in section 3(5)﻿(a) to (d)
s: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2:
3: Regulations under subsection (1)﻿(pa) may be made only on the recommendation of the Minister of Police after being satisfied that the Commissioner has consulted the Privacy Commissioner about the proposed regulations.
4: Subject to subsection (3), regulations may be made under this section only on the recommendation of the Minister of Police after being satisfied that the Commissioner has done everything reasonable to consult persons or organisations (or representatives of those organisations) that appear to the Commissioner to be affected or likely to be affected by the regulations, except where the Minister is satisfied that in the circumstances it was not practicable to consult to that extent or to carry out any consultation.
5: No regulations made under subsection (1)﻿(ja) may come into force earlier than 3 months after the date of their publication under the Legislation Act 2019
6: Regulations under this section are secondary legislation ( see Part 3
7: If regulations authorise a person to grant exemptions referred to in subsection (1)﻿(q),—
a: an exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1958 No 21 s 32; 1966 No 18 s 3(3); 1968 No 21 s 5; 1971 No 46 s 5; 1974 No 68 s 5(4); 1976 No 151 s 17 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (6) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74(1)﻿(b) amended 25 June 2020 section 100(1) Arms Legislation Act 2020 Section 74(1)﻿(ba) inserted 1 November 1992 section 31(1) Arms Amendment Act 1992 Section 74(1)﻿(bb) inserted 25 June 2020 section 100(2) Arms Legislation Act 2020 Section 74(1)﻿(bc) inserted 25 June 2020 section 100(2) Arms Legislation Act 2020 Section 74(1)﻿(e) amended 25 June 2020 section 100(3) Arms Legislation Act 2020 Section 74(1)﻿(e) amended 12 April 2019 section 69(1) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74(1)﻿(ea) inserted 25 June 2020 section 100(4) Arms Legislation Act 2020 Section 74(1)﻿(f) repealed 25 June 2020 section 100(5) Arms Legislation Act 2020 Section 74(1)﻿(ga) inserted 25 June 2020 section 100(6) Arms Legislation Act 2020 Section 74(1)﻿(gb) inserted 25 June 2020 section 100(6) Arms Legislation Act 2020 Section 74(1)﻿(gc) inserted 25 June 2020 section 100(6) Arms Legislation Act 2020 Section 74(1)﻿(gd) inserted 25 June 2020 section 100(6) Arms Legislation Act 2020 Section 74(1)﻿(ha) inserted 12 April 2019 section 69(2) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74(1)﻿(i) amended 25 June 2020 section 100(7) Arms Legislation Act 2020 Section 74(1)﻿(i) amended 12 April 2019 section 69(3) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74(1)﻿(ia) inserted 25 June 2020 section 100(8) Arms Legislation Act 2020 Section 74(1)﻿(j) substituted 15 November 2000 section 5 Arms Amendment Act 2000 Section 74(1)﻿(j) amended 25 June 2020 section 100(7) Arms Legislation Act 2020 Section 74(1)﻿(j) amended 12 April 2019 section 69(3) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74(1)﻿(ja) inserted 25 June 2020 section 100(9) Arms Legislation Act 2020 Section 74(1)﻿(jb) inserted 25 June 2020 section 100(9) Arms Legislation Act 2020 Section 74(1)﻿(l) replaced 25 June 2020 section 100(10) Arms Legislation Act 2020 Section 74(1)﻿(la) inserted 1 November 1992 section 31(2) Arms Amendment Act 1992 Section 74(1)﻿(lb) inserted 12 April 2019 section 69(5) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74(1)﻿(lb) amended 25 June 2020 section 100(11) Arms Legislation Act 2020 Section 74(1)﻿(lc) inserted 12 April 2019 section 69(5) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74(1)﻿(lc) amended 25 June 2020 section 100(12) Arms Legislation Act 2020 Section 74(1)﻿(o) amended 1 November 1992 section 31(3) Arms Amendment Act 1992 Section 74(1)﻿(pa) inserted 25 June 2020 section 100(13) Arms Legislation Act 2020 Section 74(1)﻿(pb) inserted 25 June 2020 section 100(13) Arms Legislation Act 2020 Section 74(1)﻿(pc) inserted 25 June 2020 section 100(13) Arms Legislation Act 2020 Section 74(1)﻿(r) amended 25 June 2020 section 100(14) Arms Legislation Act 2020 Section 74(1)﻿(ra) inserted 12 April 2019 section 69(6) Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74(1)﻿(rb) inserted 25 June 2020 section 100(15) Arms Legislation Act 2020 Section 74(1)﻿(rc) inserted 25 June 2020 section 100(15) Arms Legislation Act 2020 Section 74(1)﻿(rd) inserted 25 June 2020 section 100(15) Arms Legislation Act 2020 Section 74(1)﻿(re) inserted 25 June 2020 section 100(15) Arms Legislation Act 2020 Section 74(2) repealed 25 June 2020 section 100(5) Arms Legislation Act 2020 Section 74(3) inserted 25 June 2020 section 100(16) Arms Legislation Act 2020 Section 74(4) inserted 25 June 2020 section 100(16) Arms Legislation Act 2020 Section 74(5) inserted 25 June 2020 section 100(16) Arms Legislation Act 2020 Section 74(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74(7) inserted 28 October 2021 regulation 99 Legislation Act (Amendments to Legislation) Regulations 2021
74A: Order in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Police,—
a: amend the description in section 2A
b: amend the description in section 2B
c: declare any semi-automatic firearm (except a small semi-automatic pistol) or pump-action firearm of a stated name or description to be a prohibited firearm for the purposes of this Act:
d: declare any magazine of a stated name or description to be a prohibited magazine for the purposes of this Act:
e: declare any ammunition to be prohibited ammunition for the purposes of this Act.
2: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74A replaced 12 April 2019 section 70 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 74A(1)﻿(a) replaced 25 June 2020 section 101(1) Arms Legislation Act 2020 Section 74A(1)﻿(c) replaced 25 June 2020 section 101(2) Arms Legislation Act 2020 Section 74A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
74B: Orders under section 74A are confirmable instruments
2020-07-01 Arms (Military Style Semi-automatic Firearms) Order 2019 This order is revoked at the close of 30 June 2020 unless earlier confirmed by an Act of Parliament Section 74B repealed 28 October 2021 section 3 Secondary Legislation Act 2021
74C: Regulations providing for transitional matters
relating to Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 2021-01-01 Arms Act 1983 Section 74C is repealed and any regulations made under it are revoked Section 74C repealed the close of 31 December 2020 section 74C(3)﻿(a)
74D: Regulations providing for transitional matters relating to Arms Legislation Act 2020
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Police, make regulations—
a: providing transitional and savings provisions concerning the coming into force of the amendment Act that may be in addition to, or in substitution for, the transitional and savings provisions in Part 2
b: providing that (subject to any conditions specified in the regulations), during a specified transitional period,—
i: specified provisions of this Act (including definitions or transitional and savings provisions) do not apply (or apply with modifications or additions):
ii: specified provisions repealed, revoked, or amended by the amendment Act continue to apply (or continue to apply with modifications or additions):
iii: specified terms have the meanings given to them by regulations:
iv: conditions for the possession and use of a specified item apply during the amnesty period:
c: providing for any other matters necessary for facilitating or ensuring an orderly transition from the legislative regime that applies under this Act before the amendment Act comes fully into force to the legislative regime that applies when the amendment Act comes fully into force.
2: On the close of 31 December 2025,—
a: this section is repealed; and
b: any regulations made under it are revoked.
3: In this section,— amendment Act Arms Legislation Act 2020 amnesty period clause 8 specified item clause 8
4: Regulations under this section are secondary legislation ( see Part 3 2026-01-01 Arms Act 1983 Section 74D is repealed and any regulations made under it are revoked 2026-01-01 Arms Amendment Regulations 2020 Section 74D is repealed and any regulations made under it are revoked The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74D inserted 25 June 2020 section 103 Arms Legislation Act 2020 Section 74D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
75: Consequential amendment to Summary Proceedings Act 1957
Amendment(s) incorporated in the Act(s)
76: Consequential amendments to Trespass Act 1980
Amendment(s) incorporated in the Act(s)
77: Repeals
Section 77 repealed 12 April 2019 section 71 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
78: Transitional provisions
1: Every dealer's licence which is issued under the Arms Act 1958 and which is in force immediately before the commencement of this Act shall, until the close of 31 March 1985, continue and have effect as if it had been issued under this Act; and any such licence may be revoked or renewed under this Act.
2: Every permit which is issued under section 6 of the Arms Act 1958 and which is in force immediately before the commencement of this Act shall, subject to section 18(3) section 16(1)
3: Every permit which is issued under section 7 of the Arms Act 1958 and which is in force immediately before the commencement of this Act shall cease to have effect on the commencement of this Act.
4: Every person who, immediately before the commencement of this Act, is lawfully in possession of a firearm by virtue of—
a: being registered as the owner of that firearm under section 9 of the Arms Act 1958; or
b: having procured possession of a firearm (other than a shotgun or a firearm in respect of which he is registered as the owner) pursuant to a permit under section 6 of the Arms Act 1958,— shall, subject to section 27
5: Every person (not being a person to whom subsection (4) applies) who, immediately before the commencement of this Act, is lawfully in possession of a shotgun shall, subject to section 27
6: Every person who, immediately before the commencement of this Act, is, by virtue of a licence under section 12(3) of the Arms Act 1958, lawfully in possession of an unlawful weapon or of any part or parts of an unlawful weapon shall, subject to sections 27 33 section 30
7: Every person who, immediately before the commencement of this Act, is, by virtue of a licence granted under section 13 of the Arms Act 1958, entitled to carry a pistol in any place beyond the limits of his dwellinghouse, or the curtilage thereof, shall, subject to sections 27 36(2) section 36(1)
8: All appeals that have been commenced under section 14 of the Arms Act 1958 and are pending at the commencement of this Act shall be heard and determined as if the Arms Act 1958 had not been repealed; but, on the hearing of any such appeal, the District Court Judge, in addition to the powers conferred on him by that Act, may order that, for the purposes of this section, the appellant shall be treated—
a: as if his licence, permit, or certificate had been in force immediately before the commencement of this Act:
b: as if he had been lawfully in possession of a firearm, pistol, or unlawful weapon immediately before the commencement of this Act:
c: as if certain conditions were not, immediately before the commencement of this Act, conditions of his licence or permit.
9: The Acts Interpretation Act 1924 Cost recovery Heading inserted 25 June 2020 section 104 Arms Legislation Act 2020
79: Purpose of sections 80 to 86
The purpose of sections 80 to 86 2008 No 72 s 79A Section 79 inserted 25 June 2020 section 104 Arms Legislation Act 2020
80: Activities that may be subject to cost recovery
1: The Minister of Police may recommend the making of a regulation under section 86
2: The activities for which fees or charges may be imposed under section 86
a: include—
i: processing an application for a firearms or dealer’s licence, including assessing whether the applicant is a fit and proper person:
ii: providing training and testing services in relation to obtaining a firearms licence:
iii: issuing any licence under this Act:
iv: processing any application for an endorsement, a permit to possess, or permit to import:
v: issuing any endorsement, a permit to possess, or permit to import:
vi: undertaking inspections and compliance checks, including checks relating to any licence, endorsement, permit, certification, conditions, or improvement notices:
vii: providing testing of samples in relation to firearms, firearm parts, restricted weapons, parts of restricted weapons, magazines, pistol carbine conversion kits, air pistol carbine conversion kits, blank-firing guns, or ammunition:
viii: processing any application for approval or certification of a club or range:
ix: approving the manufacture for sale of arms items:
b: do not include—
i: the response of the Police to calls relating to potential offending; or
ii: the conduct of criminal investigations; or
iii: the prosecution of criminal offences. 2008 No 72 s 79B Section 80 inserted 25 June 2020 section 104 Arms Legislation Act 2020
81: Criteria for cost recovery
The Minister of Police may recommend that regulations be made under section 86
a: subject to the provisions of section 86
b: the fee or charge for the activity or class of activities to which the fee or charge relates is generally obtained from the users or beneficiaries of the service or class of services to which the activity relates at a level commensurate, as far as practicable, with their use of the service; and
c: the costs of the activity to which the fee or charge relates are efficiently incurred; and
d: the relationship between the costs of the activity to which the fee or charge relates and the nature and duration of the activity is clear. 2008 No 72 s 79C Section 81 inserted 25 June 2020 section 104 Arms Legislation Act 2020
82: Consultation
1: The Minister of Police may recommend that regulations be made under section 86
2: The process for consultation must, to the extent practicable in the circumstances, include—
a: the giving of appropriate notice of the intention to make the regulation and of the contents of the proposed regulation; and
b: a reasonable opportunity for interested persons to make submissions; and
c: the adequate and appropriate consideration of those submissions.
3: A failure to comply with this section does not affect the validity of any regulations made under section 86 2008 No 72 s 79D Section 82 inserted 25 June 2020 section 104 Arms Legislation Act 2020
83: Methods of cost recovery
1: Regulations for the recovery of costs may provide for the following:
a: fixed fees or charges:
b: fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:
c: the recovery by way of a fee or charge of estimated actual and reasonable costs expended in, or associated with, the performance of an activity:
d: fees or charges based on costs incurred from charges by third parties:
e: any combination of the above.
2: Without limiting the way in which a fee or charge may be set, a fee or charge may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs:
b: takes into account costs or potential costs of activities that are not services to be provided directly to the person who pays the fee or charge, but are an indirect or potential cost arising from the undertaking of the activity in question in relation to a class of persons or all persons who use the service or class of services to which the activity relates:
c: takes into account indirect costs, which include the costs and potential costs of support, maintenance, and development associated with provision of the activity. 2008 No 72 s 79E Section 83 inserted 25 June 2020 section 104 Arms Legislation Act 2020
84: Payment of fee or charge
1: A fee or charge prescribed by regulations made under section 86
2: All fees and charges prescribed by regulations made under section 86 2008 No 72 s 79F Section 84 inserted 25 June 2020 section 104 Arms Legislation Act 2020
85: Exemptions, waivers, and refunds
1: Regulations made under section 86
2: Regulations made under section 86
3: If regulations authorise the Commissioner to exempt, waive, or refund the whole or any part of a fee or charge,—
a: the instrument granting an exemption, waiver, or refund is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 2008 No 72 s 79G The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the regulations under which it is made LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 85 inserted 25 June 2020 section 104 Arms Legislation Act 2020 Section 85(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
86: Regulations relating to cost recovery
1: The Governor-General may, by Order in Council on the recommendation of the Minister of Police made after consultation in accordance with section 82
a: make regulations prescribing fees or charges for specified activities in accordance with sections 79 to 83
b: make regulations for the purposes of section 84
c: make regulations for the purposes of section 85
2: Regulations under this section are secondary legislation ( see Part 3 2008 No 72 s 102A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 86 inserted 25 June 2020 section 104 Arms Legislation Act 2020 Section 86(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Guidance notices Heading inserted 25 June 2020 section 104 Arms Legislation Act 2020
87: Guidance notices
1: The Commissioner may issue notices that provide guidance or details of an administrative nature that relate to 1 or more of the following:
a: the requirements of regulations made under section 74(1)﻿(i)
b: the requirements of regulations made under section 74(1)﻿(j)
c: the issuing of identifying markings for firearms and magazines manufactured in or imported into New Zealand:
d: the approval of any shooting club or certification of any shooting range:
e: how to demonstrate the positive behaviours, skills, and knowledge that are expected of a fit and proper person:
f: how to manage specific situations where non-licensed persons come into possession of a firearm:
g: matters that health practitioners consider when determining whether to notify the Police under section 92
h: generally, about any aspect of the Act or regulations made under this Act where the Commissioner thinks further guidance or detail is useful.
2: The Commissioner must consult the Arms Advisory Group, and may consult any other person or organisation that the Commissioner thinks appropriate, before issuing any notice.
3: The Commissioner must—
a: publish the notice in the Gazette
b: notify in the Gazette
4: Section 87 inserted 25 June 2020 section 104 Arms Legislation Act 2020 Section 87(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Arms Advisory Group Heading inserted 25 June 2020 section 104 Arms Legislation Act 2020
88: Arms Advisory Group
1: The Minister of Police must establish an Arms Advisory Group (the advisory group
2: The purpose of the advisory group is to advise the Minister on matters that contribute to achieving the objectives of this Act, in particular, the safe use and control of firearms.
3: The advisory group may provide advice on any matter relating to firearms in New Zealand, including legislative proposals, policies for regulating New Zealand’s firearms regime, and the promotion of firearms safety. Section 88 inserted 25 June 2020 section 104 Arms Legislation Act 2020
89: Operations of advisory group
1: The members of the advisory group must appoint a deputy chairperson from among their number at their first meeting.
2: The advisory group may determine its own procedure, subject to compliance with any relevant provisions of this Act and regulations made under this Act.
3: The advisory group must, as soon as practicable after the end of each financial year, provide the Minister of Police with an annual report of its proceedings and operations during that year.
4: The Commissioner must provide the resources and administrative support necessary to enable the advisory group to perform its functions.
5: The members of the advisory group are immune from liability in civil proceedings for good-faith actions or omissions in pursuance, or intended pursuance, of the duties, functions, or powers of the group. Section 89 inserted 25 June 2020 section 104 Arms Legislation Act 2020
90: Provisions relating to appointment of members of advisory group
1: The membership of the advisory group must comprise a balance of people from both the firearm-owning and the non-firearm-owning community, including people who are concerned about the mitigation of harm from firearms from a health perspective.
2: In appointing any member of the advisory group, the Minister of Police must have regard to the need for the advisory group to possess knowledge and experience in some or all of the following areas:
a: New Zealand and international firearms regulatory systems:
b: public health and safety, particularly as it relates to firearms:
c: firearms research:
d: firearms safety and the use of firearms:
e: membership of any community organisation or group involved in firearms awareness, safety, or law reform:
f: any other matters the Minister considers relevant.
3: A member may be appointed for a term of up to 3 years as specified in the notice of appointment and be reappointed in the same manner.
4: The Minister of Police must, by notice in the Gazette
5: A member is entitled to be—
a: paid remuneration at a rate and of a kind determined in accordance with the fees framework; and
b: reimbursed for actual and reasonable travelling and other expenses in accordance with the fees framework.
6: In this section, fees framework Section 90 inserted 25 June 2020 section 104 Arms Legislation Act 2020
91: Removal of members of advisory group
1: The Minister of Police may, if satisfied that there is just cause to do so, remove from office any member of the advisory group.
2: The removal must be made by written notice to the member.
3: The notice must state—
a: the day on which the removal takes effect, which must not be earlier than the day on which the notice is received; and
b: the reasons for the removal.
4: For the purposes of subsection (1), just cause Section 91 inserted 25 June 2020 section 104 Arms Legislation Act 2020 Medical assessments Heading inserted 24 December 2020 section 104 Arms Legislation Act 2020
92: Health practitioners may give Police medical reports of persons unfit to use firearm
1: This section applies if a health practitioner who has attended or been consulted in respect of a person who the practitioner knows or has reason to believe is a firearms licence holder considers that the health condition of the licence holder is such that, in the interests of the safety of individuals or the public, the licence holder—
a: should not be permitted to use or possess a firearm; or
b: should only be permitted to use or possess a firearm subject to any limitations that may be warranted by the health condition of the licence holder.
2: If this section applies, the health practitioner must consider notifying the Police as soon as practicable—
a: of the opinion under subsection (1); and
b: the grounds on which it is based; and
c: whether the practitioner believes the licence holder poses an immediate or imminent danger of self-harm or harm to others.
3: If the Police have been notified by a health practitioner under subsection (2), the Commissioner may require a licence holder to undergo a further medical assessment by a health practitioner who is independent from the practitioner who made the initial assessment and, in that case, the licence holder must either—
a: undergo the further assessment; or
b: surrender their licence under section 27(1)
4: Regulations made under section 74(1)﻿(jb)
5: A health practitioner is not liable to criminal, civil, or disciplinary proceedings by disclosing personal information in the course of performing any function or responsibility under this section, as long as the practitioner acts in good faith. Section 92 inserted 24 December 2020 section 104 Arms Legislation Act 2020 Registration of firearms and dealings Heading inserted 24 June 2023 section 104 Arms Legislation Act 2020
93: Commissioner to keep registry
The Commissioner must keep and operate a registry for the purposes of this Act. Section 93 inserted 24 June 2023 section 104 Arms Legislation Act 2020
94: Content of registry
1: The following particulars must be recorded in the registry:
a: the number and date of expiry of every type of licence held by a person under this Act:
b: every licence holder’s full name, date of birth, and address:
c: every endorsement on a licence:
d: every condition on a licence or an endorsement that is additional to conditions imposed by this Act or regulations made under section 74
e: the particulars of the make, model, and identifying markings of every firearm, restricted weapon, and prohibited magazine possessed by a licence holder, and of the location of the firearm, restricted weapon, and prohibited magazine, if the particulars are held by the Police:
f: every particular that regulations made under section 74
2: The registry may include—
a: photographs provided under section 34A
b: any other information that the Commissioner considers necessary or desirable—
i: to ensure that the registry is complete and accurate; or
ii: for the administration of this Act and regulations made under it; and
c: any other photographs that the Commissioner considers necessary or desirable. Section 94 inserted 24 June 2023 section 104 Arms Legislation Act 2020
95: Obligation to provide information to registry
1: This section applies to the following persons:
a: every holder of a firearms licence:
b: every holder of a dealer’s licence:
c: every other person who is or intends to be in possession of a firearm or other item regulated by or under this Act.
2: This section also applies to the following events in relation to any firearm or other item regulated by or under this Act:
a: its sale or supply, excluding a temporary transfer:
b: its purchase or receipt, excluding a temporary transfer:
c: its importation:
d: its exportation:
e: its manufacture:
f: its theft, loss, or destruction:
g: any other event specified for the purpose of this section in regulations made under section 74
3: Every person to whom this section applies, and every person who has responsibilty in relation to any event to which this section applies, must provide the relevant details to the Police in accordance with the time and any other requirements prescribed by regulations made under section 74
4: In this section, temporary transfer Section 95 inserted 24 June 2023 section 104 Arms Legislation Act 2020 Review of operation of this Act Heading inserted 25 June 2020 section 104 Arms Legislation Act 2020
96: Review of this Act
1: The Minister of Police must—
a: review the operation of this Act when all of the provisions of the amendment Act, except sections 106 108
b: prepare a report on that review, including recommendations for amendments to this Act.
2: The review must include reviewing—
a: the operation of the registry; and
b: all offences and penalties in this Act; and
c: the impact of the amendment Act.
3: The review must be completed within 18 months after all of the provisions of the amendment Act, except sections 106 108
4: The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.
5: In this section, amendment Act Arms Legislation Act 2020 Section 96 inserted 25 June 2020 section 104 Arms Legislation Act 2020