22 February 2024
IR-01-24-2652
A Whittle
[FYI request #25502 email]
Tēnā koe A Whittle
I am writing to you in response to your Official Information Act 1982 (OIA) request dated
24 January 2024. You asked various questions in relation to
firearms legislation and the
role of the Police and/or the Firearms Safety Authority in communicating legislative
changes to the public.
I have outlined my responses to each of your questions below.
[1] when was Firearms Legislation changed to include as an il egal and/or
prohibited firearm, pump action shotguns with a magazine capacity greater
than five?
[2] please provide links to al legislation changes for pump action shotguns
with a magazine capacity greater than five
The Arms Act 1983 was amended in 2019, with a date of assent on 11 April 2019. Please
see the fol owing link to the amended legislation, particularly sections 2A and 2B:
•
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 date of
assent 11 April 2019
I also draw your attention to the attached compilation of Police media statements,
including one issued on 11 April 2019 titled “Police to implement new firearms laws to
keep communities safe”.
In relation to the legislation change around pump action shotguns with a magazine
capacity greater than five, the media statement says:
Prohibited firearms are:
• All semi-automatic firearms (including semi-automatic shotguns), but:
-
excluding rimfire rifles .22 calibre or less as long as they have a magazine
(whether detachable or not) that holds 10 rounds or less; and
-
excluding semi-automatic shotguns that have a non-detachable, tubular
magazine that holds five rounds or less.
• Pump action shotguns that:
-
Are capable of being used with a detachable magazine; or
-
Have a non-detachable tubular magazine capable of holding more than 5
cartridges.
Prohibited magazines are:
• Shotgun magazines (whether detachable or not) capable of holding more than 5
rounds.
Te Tari Pūreke – Firearms Safety Authority
Telephone: 0800 844 431
www.firearmssafetyauthority.govt.nz
Te Tari Pūreke – Firearms Safety Authority is a business unit of New Zealand Police.
The Arms Legislation Act 2020 amended the Arms Act 1983 and codified the definition of
prohibited firearms. In relation to your question, see section 2A (1)(a)(i )(i i)(iv)(v) in the
following link:
•
The Arms Legislation Act 2020 Part 1 Amendments to Arms Act 1983
In addition, the below website link provides a comprehensive overview of the 2019
amendments to the Arms Act:
•
Te Tari Pūreke 2019 firearms law changes
[3] when and how was this legislative change conveyed to LFO's?
[4] please provide any website links indicating this change
[5] if the change was not emailed and/or posted to LFO's - why did this not
occur?
Please see the attached “communications bundle” which encompasses messaging to all
stakeholders that relate to the legislation changes of 2019, and the compilation of Police
media statements.
In addition, the legislation amendments had significant national media coverage from
when the new legislation came into effect on 12 April 2019.
Superintendent Michael McIlraith and Senior Sergeant Paddy Hannon were at the
forefront of this media coverage where they showed the firearms affected by the change
in legislation. The media coverage is publicly available, and can be accessed through the
following links:
•
First details about gun buyback scheme released | RNZ News
•
Explainer: How New Zealand's gun laws are changing in the wake of the
Christchurch attacks | RNZ News
•
About 60 per cent of submitters support new gun law
During the buyback a significant communications strategy was implemented and included
photographs of the items affected by the legislation change. This included al centrefire
firearms with magazine capacities greater than five rounds.
Please see the fol owing website links as requested in question four.
The initial statement:
•
Police respond to signal ed firearms law changes 1 April 2019
Following the subsequent legislation announcement:
•
Police to implement new firearms laws to keep communities safe 11 April 2019
•
Media advisory on Police implementation of changes to firearms laws | New
Zealand Police 11 April 2019
Please see the link to the following publicly available RNZ article published 11 April 2019;
there are some links to the firearms amendment bil in the sidebar which you may find of
interest too.
•
How police plan to implement new firearms laws RNZ News
The beginning of the amnesty and buyback:
•
Media advisory: Police collection events for the firearms amnesty and buy-back
scheme 19 June 2019
•
Collection events open soon for banned firearms 20 June 2019
•
Police announce nearly 200 firearms collection events 25 June 2019
There were also district-by-district media releases and emails to stakeholders, and
communications and meetings with groups like the Firearms Community Advisory Forum
(FCAF). Please refer to the following links on the Te Tari Pūreke – Firearms Safety
Authority website, under FCAF minutes, reports and publications, and News and
announcements.
•
https://www.firearmssafetyauthority.govt.nz/about-us/firearms-community-
advisory-forum-fcaf
•
News and announcements | Firearms Safety Authority New Zealand
The fol owing are links to the communications around the buy-back and amnesty
collection events:
•
Firearms buy-back and amnesty collection events, Sunday 21 July | New Zealand
Police
•
Reminder - two weeks until firearms amnesty ends | New Zealand Police
•
Media advisory: Police collection events for the firearms amnesty and buy-back
scheme | New Zealand Police
•
UPDATE: Amendment al ows extra time for specific firearm processes
[6] if it was emailed and/or posted, please provide a copy of the emailed
correspondence including the date(s) it was sent
Please see the attached “communications bundle” which encompasses messaging to all
stakeholders that relate to the legislation changes of 2019.
“Stakeholders” include firearms licence holders, col ectors, dealers, pest control ers, and
clubs.
The bundle includes correspondences sent to firearms licence holders and other
stakeholders:
•
From Deputy Commissioner Mike Clement
•
endorsement and permit to possess
•
the amnesty and buyback.
•
the buyback price list and information on the buyback and amnesty
•
link to Radio New Zealand interview with Deputy Commissioner Mike Clement
•
firearms modifications
•
external tender invitations for firearm valuers in relation to the firearms effected
in the legislation amendments
•
serial numbers
•
to firearms licence holders and clubs in relation to col ection events
•
link to video in relation to modifications
•
information for dealers, and
•
email templates to firearms licence holders in relation to legislation change.
[7] what was the timeframe during which 7-shot pump action shotguns
could be modified to 5-shot?
On 19 June 2019, the Arms (Prohibited Firearms, Magazines, and Parts) Amendment
Regulations 2019 were made by Order in Council and detailed provisions relating to the
2019 Firearms Amnesty and Buy-back Programme.
Please see section 28U (1) of the Arms Amendment Regulations 2019, “Converting
prohibited items to non-prohibited items” in the link provided below:
•
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Regulations 2019
On 19 June 2019 the Arms (Prohibited Ammunition) Order 2019 was made by Order in
Council. This Order detailed a schedule that included all ammunition declared prohibited
ammunition.
•
Arms (Prohibited Ammunition) Order 2019
Commencement of the modification regulations was 21 June 2019, and this remained in
force until 20 December 2019, or if a firearm licence holder had applied for modification
before 20 December 2019, it remained until a decision had been made on their
modification. However, the relevant regulation, section 28U was revoked on 31
December 2020.
[8] was compensation and reimbursement offered for modification of pump
action shotguns to 5-shot?
[9] if so, when did this scheme expire?
[10] please provide a link to the legislation which states that pump action
shotguns with a magazine capacity greater than five can no longer be
modified and must be surrendered for destruction with no compensation
Regulation 28U (3) of the Arms Amendment regulations (as provided in the link above)
outlines the compensation for the cost of modification as follows:
A person may seek payment from the Crown, not exceeding $300 (including
goods and services tax) for the cost of the modification to the firearm and its non-
detachable magazine or magazines if—
(a) the person submits to the Commissioner before the end of the amnesty period
a completed application form; and
(b) the person presents to a member of the Police—
(i) a certificate from an approved gunsmith in a form approved by the
Commissioner certifying that the modification has been done in the manner, and
to the standard, required by the Commissioner; and
(ii) evidence of the cost of the modification; and
(iii) the modified firearm for inspection, if requested by a member of the Police;
and
(c) the member of the Police is satisfied that the modification has permanently
converted the firearm and magazine or magazines to a firearm and magazine or
magazines that are not prohibited items.
Applications for modifications needed to be in by 20 December 2019, but decisions could
take longer than this therefore the Regulations extended the amnesty period to
acknowledge this. Regulation 28U was revoked on 31 December 2020 (please see my
answer to question seven).
The regulation al owing modification from a prohibited to a non-prohibited as part of the
buyback has been revoked, 28U, on 31 December 2020. Unlawful possession of a
prohibited firearm is a disqualifying offence and surrender of any prohibited firearms
unlawful y held is required.
If an item is a prohibited firearm, prohibited magazine, pistol, restricted weapon, or pistol
carbine conversion kit, the licence holder storing them must possess
the appropriate endorsement to possess each of those items and must apply to Police for
a permit to possess each item.
If you have a firearm, other arms item or ammunition you cannot legally possess or do
not wish to possess, you can surrender the item to:
• A current New Zealand firearms licence holder, or
• A licensed firearms dealer, or
• New Zealand Police
Police will not pay for any firearms or other arms items, or ammunition that are
surrendered.
The Arms Act 1983 schedule 1, clause 6, indicates that nothing in the Arms Act or the
amendment Act otherwise confers any right to compensations or is to be relied on in any
proceedings as a basis for claim to compensation, except and to the extent authorised by
regulations made under clause 7.
See the link below:
•
Disposal of il egal y held or unwanted firearms
Licence holders who are currently in lawful possession of a prohibited firearm can either
modify it to un-prohibited, or voluntarily surrender a prohibited firearm under the current
legislation.
Modifying a lawfully held prohibited firearm to non-prohibited is a “activating event” and
must be recorded into the registry. A “lawfully held prohibited firearm” means a firearms
licence holder who met one of the exemption categories and who applied for and
obtained a new endorsement and permit to possess a prohibited firearm.
Please refer to the below link for the Arms Amendment Regulation 2023 Schedule 1B,
Part 4 “Details of Events, Relevant details for registry,” section 8 “Modification of a
prohibited firearm to a non-prohibited firearm:
•
Arms Amendment Regulations 2023 Schedule 1B
I trust this information is satisfactory in answering your request.
For your information, Police has developed a process for proactive release of information,
so the anonymised response to your request may be publicly released on the New
Zealand Police website.
Nāku noa, nā
Richard Wilson
Superintendent
Director Operations
Firearms Safety Authority
Document Outline
- Whittle, A IR-01-24-2652 Police Media statements 2019.pdf
- 2652 Police respond to signalled firearms law changes _ New Zealand Police.pdf
- IR-01-24-2652 UPDATE_ Amendment allows extra time for specific firearm processes _ New Zealand Police.pdf
- Police to implement new firearms laws to keep communities safe _ New Zealand Police.pdf
- Media advisory on Police implementation of changes to firearms laws _ New Zealand Police.pdf
- Media advisory_ Police collection events for the firearms amnesty and buy-back scheme _ New Zealand Police.pdf
- Collection events open soon for banned firearms _ New Zealand Police.pdf
- Police announce nearly 200 firearms collection events _ New Zealand Police.pdf
- How police plan to implement new firearms laws _ RNZ News.pdf
- Whittle, A IR-01-24-2652 communications bundle.pdf
- IR-01-24-2652 Template communications to licence holders 2019 on (1).pdf
- IR-01-24-2652 TEMPLATE 190618_Letter to firearm licence holders_v3 (1).pdf