New Zealand Acts

ARMS ACT 1983 - SECT 4A

4A Persons who may apply to import, manufacture, sell, supply, possess, or use prohibited items

1 Only the following persons may apply to import, sell, supply, possess, or use a prohibited item in accordance with the provisions of this Act and in their capacity as—

a) a licensed dealer:

b) a bona fide collector of firearms:

c) a person to whom the prohibited item has special significance as an heirloom or a memento:

d) a director or curator of a bona fide museum:

e) an approved employee or approved member referred to in section 29(2)(e) :

f) a person who is employed or engaged by the Department of Conservation and involved in operations for the purpose of controlling wild animals or animal pests in accordance with a specified Act (subject to prescribed limits, if any):

g) a person who is the holder of a concession granted by the Minister of Conservation to undertake wild animal recovery operations in accordance with a specified Act (subject to prescribed limits, if any):

h) a person who is employed or engaged by a management agency as defined in section 100 of the Biosecurity Act 1993 and involved in operations for the purpose of controlling wild animals or animal pests in accordance with that Act (subject to prescribed limits, if any):

i) a person whose sole business, or a substantial part of whose business, is providing services to control any prescribed wild animals or animal pests, or a person employed or engaged by that person for that purpose (subject to prescribed limits, if any):

j) a person who is the owner or manager, or is an employee, of an agricultural, a horticultural, or a silvicultural business, if there is a real possibility that the commercial viability of the business would be detrimentally affected to a significant extent by the presence of prescribed wild animals or animal pests on any land used for that business (subject to prescribed limits, if any).

1A A person who before 12 April 2019 was in the business of manufacturing prohibited parts for the purposes of permitted supply is an exempt person in their capacity as a manufacturing business if the person continues, for the purposes of permitted supply, to manufacture prohibited parts.

1B A person who before 12 April 2019 was in the business of permitted supply is an exempt person in their capacity as a permitted supply business if the person continues, for the purposes of carrying out permitted supply, to use prohibited items to test and demonstrate prohibited parts.

1C A person employed or engaged by a person referred to in subsection (1A) or (1B) is an exempt person for the purpose of carrying out their duties in accordance with their contract of employment or engagement.

2 In subsection (1)(f) and (g),
"specified Act" means—

a) the Wildlife Act 1953 :

b) the Wild Animal Control Act 1977 :

c) the Conservation Act 1987 :

d) the Biosecurity Act 1993 .

3 In this section,
"permitted supply" means—

a) the supply of prohibited parts to the Crown that is permitted under section 3(2) or (3) :

b) the export of prohibited parts to any person that is permitted or authorised under the Customs and Excise Act 2018 :

c) the supply of prohibited parts to other persons expressly permitted or authorised under this Act to possess prohibited parts (other than by clause 5 of Schedule 1 ).

History: Section 4A: inserted, on 12 April 2019, by section 8 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).   Section 4A heading: amended, on 25 June 2020, by section 10(1) of the Arms Legislation Act 2020 (2020 No 23).     Section 4A(1)(a): amended, on 25 June 2020, by section 10(2) of the Arms Legislation Act 2020 (2020 No 23).     Section 4A(1)(j): inserted, on 25 June 2020, by section 10(3) of the Arms Legislation Act 2020 (2020 No 23).     Section 4A(1A): inserted, on 25 June 2020, by section 10(4) of the Arms Legislation Act 2020 (2020 No 23).     Section 4A(1B): inserted, on 25 June 2020, by section 10(4) of the Arms Legislation Act 2020 (2020 No 23).     Section 4A(1C): inserted, on 25 June 2020, by section 10(4) of the Arms Legislation Act 2020 (2020 No 23).     Section 4A(3): inserted, on 25 June 2020, by section 10(5) of the Arms Legislation Act 2020 (2020 No 23).