New Zealand Acts

ARMS ACT 1983 - SECT 22

22 Exemptions

1 Nothing in section 20 or section 21 makes it an offence for any person to be in possession of—

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 or section 21 by regulations made under this Act.

2 It is a good defence to a prosecution for an offence against section 20 or section 21 if the defendant proves,—

a) in the case of a prosecution relating to the possession of a firearm (not being a pistol, prohibited firearm, or restricted weapon) by any person,—

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.

History: Section 22(2)(a): amended, on 12 April 2019, by section 26 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).