New Zealand Acts

ARMS ACT 1983 - SECT 30B

30B Power to make endorsement in respect of prohibited firearm or prohibited magazine

1 On receiving an application under section 30A , a member of the Police may, subject to any direction of the Commissioner, make an endorsement on the applicant’s firearms licence or dealer’s licence permitting the applicant to possess a prohibited firearm or prohibited magazine if the member of the Police is satisfied that—

a) the applicant is a fit and proper person to possess a prohibited firearm or prohibited magazine to which the application relates; and

b) it is appropriate for the applicant, in their capacity as an exempt person, to possess a prohibited firearm or prohibited magazine.

2 In the case of an application made by an exempt person described in section 4A(1)(c) , the member of the Police must, before making an endorsement, be satisfied—

a) of the matters in subsection (1)(a); and

b) that in all the circumstances it is reasonable to grant the endorsement.

3 In the case of an application made by an exempt person described in section 4A(1)(e) , the member of the Police must, before making an endorsement, be satisfied—

a) of the matters in subsection (1); and

b) that the possession of a prohibited firearm or prohibited magazine by the applicant is required for the purpose of—

i) making a broadcast; or

ii) producing or staging a play; or

iii) filming a cinematic production or television film or making a video recording.

4 In the case of an application made by an exempt person described in section 4A(1)(f), (g), (h), (i), or (j) , the member of the Police must, before making an endorsement, be satisfied—

a) of the matters in subsection (1); and

b) that the exempt person has a genuine need to possess the prohibited firearm or prohibited magazine; and

c) that the prohibited firearm or prohibited magazine will be used by the exempt person solely for the purpose of controlling wild animals or animal pests; and

d) that that purpose cannot effectively be achieved by the use of a non-prohibited firearm or non-prohibited magazine.

5 A person whose firearms licence or dealer’s licence bears an endorsement made under this section is not entitled to lawfully possess a prohibited firearm or prohibited magazine until—

a) the person is issued with a permit for the purposes of section 16(1) to bring or cause to be brought or sent into New Zealand a prohibited firearm or prohibited magazine; or

b) the endorsement is made specific to the prohibited firearm or prohibited magazine in respect of which a permit has been issued under section 35A .

History: Section 30B: replaced, on 12 April 2019, by section 30 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).   Section 30B(1): amended, on 25 June 2020, by section 52(1) of the Arms Legislation Act 2020 (2020 No 23).     Section 30B(4): amended, on 25 June 2020, by section 52(2) of the Arms Legislation Act 2020 (2020 No 23).     Section 30B(5): amended, on 25 June 2020, by section 52(3) of the Arms Legislation Act 2020 (2020 No 23).