New Zealand Acts

ARMS LEGISLATION ACT 2020 - SECT 83

83 New sections 55C to 55I inserted

After section 55B , insert:

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.

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).

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, whether or not the person intends to export the item from New Zealand; or

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; or

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 and that arrives in New Zealand in any manner in contravention of this section, must be treated, on importation, as a prohibited good for the purposes of the Customs and Excise Act 2018, except sections 388 and 389 of that Act.

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.

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.

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, or 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; or

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; or

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, or 55G :

a) section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):

b) section 400 of the Crimes Act 1961 (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft).

3 Nothing in this section limits—

a) the application of section 55D, 55E, 55F, or 55G to acts or omissions that occurred wholly in New Zealand; or

b) the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—

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 of the Crimes Act 1961.

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, or 55G committed outside New Zealand unless the Attorney-General consents to the filing of the charging document.

2 A person alleged to have committed an offence against section 55D, 55E, 55F, or 55G may be arrested without a warrant or a warrant for their arrest may be issued and executed, and they may be remanded in custody or on bail, even though the consent of the Attorney-General has not yet been obtained under subsection (1) , but no further or other proceedings may be taken until the consent has been obtained.