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ARMS ACT 1983 - SECT 2
Interpretation
2 Interpretation
1 In this Act, unless the context otherwise
requires,—
"airgun" includes— 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" has the meaning given to it by section 3 of the
Anti-Personnel Mines Prohibition Act 1998
"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" means an item of any of the following classes: 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" has the meaning given to it by section 6 of the
Cluster Munitions Prohibition Act 2009
"Commissioner" means the Commissioner of Police
"Customs officer" has the meaning given in section 5(1) of the
Customs and Excise Act 2018
"dealer activity" means any activity of a kind specified in section 5(1)
"exempt person" means a person listed in 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 of the Hazardous Substances and New Organisms Act 1996
"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" means a firearms licence issued under section 24
"firearms prohibition order" or
"FPO" means an order made against a person by a court under section 39A
"gang" has the meaning given to it by section 4 of the Gangs Act 2024
"health practitioner" means a health practitioner registered with the Medical
Council of New Zealand, a nurse practitioner registered with the Nursing
Council of New Zealand, a psychologist registered with the New Zealand
Psychologists Board, or a duly authorised officer under the
Mental Health (Compulsory Assessment and Treatment) Act 1992
"imitation firearm" means anything that has the appearance of being a firearm
capable of discharging any shot, bullet, missile, or other projectile, whether
or not it is capable of discharging any shot, bullet, missile, or other
projectile
"improvement notice" means a notice issued under section 60
"kea gun" means a single shot pistol that is chambered for a .410 inch
shot cartridge
"licensed dealer" means a holder of a dealer's licence issued under this
Act
"manufacture" , in relation to an item, includes the assembly of that
item
"member of the Police" means a Police employee within the meaning of section 4
of the Policing Act 2008
"non-pistol shooting club" has the meaning given in section 38A
"non-pistol shooting range" has the meaning given in section 38A
"non-prohibited ammunition" means ammunition that is not prohibited
ammunition
"non-prohibited firearm" means a firearm that is not— a) a
prohibited firearm; or
b) a pistol; or
c) a restricted weapon
"non-prohibited magazine" means a magazine that is not a prohibited
magazine
"non-prohibited part" means a part that is not a prohibited
part
"organised criminal group" has the meaning given to it by section 98A of the
Crimes Act 1961
"part" , in relation to any firearm or restricted weapon,— 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" means a firearm (other than a prohibited firearm or restricted
weapon) that is designed or adapted to be held and fired with 1 hand, and
includes any firearm (other than a prohibited firearm or restricted weapon)
that is less than 762 millimetres in length
"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
"pistol shooting club" has the meaning given in section 38A
"pistol shooting range" has the meaning given in section 38A
"prohibited ammunition" has the meaning given in section 2D
"prohibited firearm" has the meaning given in section 2A
"prohibited item" means a prohibited firearm, a prohibited magazine, a
prohibited part, or any or all of those things, as the case
requires
"prohibited magazine" has the meaning given in section 2B
"prohibited part" has the meaning given in section 2C
"public place" has the meaning given to it by section 2 of the
Summary Offences Act 1981
"range operator" has the meaning given in section 38A
"registry" means the registry kept and operated under section 93
"responsible Minister" means the Minister of the Crown who, under the
authority of any warrant or with the authority of the Prime Minister, is
responsible for the administration of this Act
"restricted airgun" means an airgun that,— a) without any of the
attachments with which it is customarily used, has the appearance of being a
pistol, prohibited firearm, or restricted weapon; or
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; or
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" means any weapon, whether a firearm or not, declared by
the Governor-General, by Order in Council made under section 4 , to be a
restricted weapon
"sale" includes— 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" has a corresponding meaning
"semi-automatic firearm" means a firearm that (if it is loaded), with each
pull of the trigger,— a) fires a cartridge and ejects its case; and
b)
(unless all cartridges loaded have been fired) chambers another cartridge
"semi-automatic pistol" means a firearm that is designed or adapted to be held
and fired with 1 hand, including any firearm that is less than 762 millimetres
in length and that when loaded, with each pull of the trigger,— 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" , in relation to a body corporate, means a person who
occupies a position that allows the person to exercise significant influence
over the management or administration of the body corporate (for example, a
chief executive)
"shooting club" means a pistol shooting club or non-pistol shooting
club
"shooting range" means a pistol shooting range or a non-pistol shooting
range
"small semi-automatic pistol" means a semi-automatic pistol
that— 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" means any airgun declared by the
Governor-General, by Order in Council made under section 4 , to be a specially
dangerous airgun
"specified ammunition" means ammunition of a type specified in the rules of
the pistol target shooting disciplines that are administered by the national
pistol target shooting controlling body known as Pistol New Zealand
Incorporated and that are conducted on ranges approved by the
Commissioner
"theatrical armourer" means a person who holds a firearms licence or
dealer’s licence that bears a current endorsement under section 30(1)(c)
or 30B(3) allowing them to possess, use, or supervise the use of any of the
following items in making a broadcast or in theatrical, cinematic, television
film, or video recording productions: a) firearms:
b) prohibited
magazines:
c) restricted weapons
"visitor" means a visitor to New Zealand who intends to be in New Zealand for
less than 1 year
"working day" means any day of the week other than— 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" in subsection (1), an airgun can have the appearance of a
pistol, restricted weapon, prohibited firearm, or firearm capable of full
automatic fire without having the appearance of any particular model of
pistol, restricted weapon, prohibited firearm, or firearm capable of full
automatic fire.
Note: 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)
History: Section 2(1) air pistol
carbine conversion kit: inserted, on 25 June 2020, by section 6(1) of the
Arms Legislation Act 2020 (2020 No 23). Section 2(1) ammunition
seller: inserted, on 25 June 2020, by section 6(1) of the
Arms Legislation Act 2020 (2020 No 23). Section 2(1)
anti-personnel mine: inserted, on 9 December 1998, by section 28 of the
Anti-Personnel Mines Prohibition Act 1998 (1998
No 111). Section 2(1) antique firearm: replaced, on
25 June 2020, by section 6(2) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) arms item: inserted, on 25 June
2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) arms office: repealed, on
25 June 2020, by section 6(3) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) blank-firing gun: inserted, on
25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) cluster munition: inserted, on
1 August 2010, by section 20(2) of the Cluster Munitions Prohibition Act 2009
(2009 No 68). Section 2(1) Customs officer: inserted,
on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) dealer activity: inserted, on
25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) exempt person: inserted, on
12 April 2019, by section 4(1) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) exempt person: amended, on
25 June 2020, by section 6(4) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) explosive paragraph (d):
substituted, on 2 July 2001, by section 149 of the
Hazardous Substances and New Organisms Act 1996 (1996
No 30). Section 2(1) firearms prohibition order or
FPO: inserted, on 15 November 2022, by section 4 of the
Firearms Prohibition Orders Legislation Act 2022 (2022
No 41). Section 2(1) gang: inserted, on 2 March
2025, by section 4 of the
Firearms Prohibition Orders Legislation Amendment Act 2024 (2024
No 34). Section 2(1) health practitioner: inserted,
on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) improvement notice: inserted, on
25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) manufacture: inserted, on
25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) member of the Police:
substituted, on 1 October 2008, by section 130(1) of the Policing Act 2008
(2008 No 72). Section 2(1) military style
semi-automatic firearm: repealed, on 12 April 2019, by section 4(2) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) non-pistol shooting club:
inserted, on 29 June 2025, by section 4(2) of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) non-pistol shooting range:
inserted, on 29 June 2025, by section 4(2) of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) non-prohibited ammunition:
inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020
(2020 No 23). Section 2(1) non-prohibited firearm:
inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020
(2020 No 23). Section 2(1) non-prohibited magazine:
inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020
(2020 No 23). Section 2(1) non-prohibited part:
inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020
(2020 No 23). Section 2(1) organised criminal group:
inserted, on 2 March 2025, by section 4 of the
Firearms Prohibition Orders Legislation Amendment Act 2024 (2024
No 34). Section 2(1) part: replaced, on 25 June
2020, by section 6(5) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) pistol: replaced, on 25 June
2020, by section 6(6) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) pistol carbine conversion kit:
inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020
(2020 No 23). Section 2(1) pistol shooting club:
inserted, on 29 June 2025, by section 4(2) of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) pistol shooting range:
inserted, on 29 June 2025, by section 4(2) of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) prohibited ammunition:
inserted, on 12 April 2019, by section 4(1) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) prohibited firearm: inserted, on
12 April 2019, by section 4(1) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) prohibited item: inserted, on
12 April 2019, by section 4(1) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) prohibited magazine: inserted,
on 12 April 2019, by section 4(1) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) prohibited part: inserted, on
12 April 2019, by section 4(1) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) range operator: inserted, on
29 June 2025, by section 4(2) of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) registry: inserted, on
25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) responsible Minister: inserted,
on 29 June 2025, by section 11 of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) restricted airgun:
inserted, on 11 December 2013, by section 4(1) of the
Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012
(2012 No 117). Section 2(1) restricted airgun
paragraph (a): amended, on 12 April 2019, by section 4(4) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) restricted airgun paragraph (b):
amended, on 12 April 2019, by section 4(4) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12). Section 2(1) semi-automatic firearm:
inserted, on 11 December 2013, by section 4(1) of the
Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012
(2012 No 117). Section 2(1) semi-automatic pistol:
inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020
(2020 No 23). Section 2(1) senior manager: inserted,
on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) shooting club: replaced, on
29 June 2025, by section 4(1) of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) shooting range: inserted,
on 29 June 2025, by section 4(2) of the
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Act 2025
(2025 No 15). Section 2(1) small semi-automatic
pistol: inserted, on 25 June 2020, by section 6(1) of the
Arms Legislation Act 2020 (2020 No 23). Section 2(1)
specified ammunition: inserted, on 25 June 2020, by section 6(1) of the
Arms Legislation Act 2020 (2020 No 23). Section 2(1)
sporting configuration: repealed, on 11 December 2013, by section 4(1) of the
Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012
(2012 No 117). Section 2(1) theatrical armourer:
inserted, on 25 June 2020, by section 6(1) of the Arms Legislation Act 2020
(2020 No 23). Section 2(1) visitor: inserted, on
25 June 2020, by section 6(1) of the Arms Legislation Act 2020 (2020
No 23). Section 2(1) working day: added, on
1 November 1992, by section 2(3) of the Arms Amendment Act 1992 (1992
No 95). Section 2(1) working day paragraph (a):
replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui
o te Kāhui o Matariki 2022 / section 7 of the Te Kāhui o Matariki Public
Holiday Act 2022 (2022 No 14). Section 2(1) working
day paragraph (ab): inserted, on 1 January 2014, by section 8 of the
Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
(2013 No 19). Section 2(2): inserted, on 11 December
2013, by section 4(2) of the
Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Act 2012
(2012 No 117). Section 2(2): amended, on 12 April
2019, by section 4(5) of the
Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019
No 12).
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