New Zealand Acts

ARMS ACT 1983 - SECT 3

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, ammunition, or explosives—

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 ; or

ii) a member of the Police or an armourer employed or engaged by the Police; or

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 of the Anti-Personnel Mines Prohibition Act 1998 ; or

iva) an officer as defined by section 7 of the Cluster Munitions Prohibition Act 2009 ; or

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 was known as the Institute of Environmental Science and Research Ltd; or

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) of the Maritime Powers Act 2022 in the course of exercising any power or performing any function under that Act:

b) by any other person authorised pursuant to regulations made under this Act to carry or possess arms items, ammunition, or explosives belonging to the Crown.

3 Nothing in this Act renders unlawful—

a) the importation by the Crown of arms items, ammunition, or explosives; or

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, ammunition, or explosives.

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, or 55G ; or

b) an offence of conspiring to commit an offence against section 42A, 42B, 55D, 55E, 55F, or 55G ; or

c) an offence of attempting to commit an offence against section 42A, 42B, 55D, 55E, 55F, or 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, and 55G ; and

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.

Note: 1958 No 21 s 26; 1974 No 68 s 9

History: Section 3(2): amended, on 25 June 2020, by section 9(1) of the Arms Legislation Act 2020 (2020 No 23).   Section 3(2)(a): substituted, on 15 November 2000, by section 3 of the Arms Amendment Act 2000 (2000 No 53).     Section 3(2)(a)(ia): inserted, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).     Section 3(2)(a)(ii): amended, on 25 June 2020, by section 9(2) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(2)(a)(iva): inserted, on 1 August 2010, by section 20(3) of the Cluster Munitions Prohibition Act 2009 (2009 No 68).     Section 3(2)(a)(v): replaced, on 25 June 2020, by section 9(3) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(2)(a)(va): inserted, on 25 June 2020, by section 9(3) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(2)(a)(vb): inserted, on 25 June 2020, by section 9(3) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(2)(ab): inserted, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).     Section 3(2)(ac): inserted, on 21 May 2022, by section 48 of the Maritime Powers Act 2022 (2022 No 23).     Section 3(2)(b): amended, on 25 June 2020, by section 9(4) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(3)(a): amended, on 25 June 2020, by section 9(5) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(3)(aa): inserted, on 25 June 2020, by section 9(6) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(3)(ab): inserted, on 25 June 2020, by section 9(6) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(3)(b): amended, on 25 June 2020, by section 9(5) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(4): inserted, on 25 June 2020, by section 9(7) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(5): inserted, on 25 June 2020, by section 9(7) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(6): replaced, on 15 November 2022, by section 5(1) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).     Section 3(7): inserted, on 25 June 2020, by section 9(7) of the Arms Legislation Act 2020 (2020 No 23).     Section 3(7)(a): amended, on 15 November 2022, by section 5(2) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).     Section 3(8): inserted, on 25 June 2020, by section 9(7) of the Arms Legislation Act 2020 (2020 No 23).