New Zealand Acts

ARMS ACT 1983 - SECT 69

69 Forfeitures

1 If a person is convicted of an offence of using, carrying, or being in possession of any specified item, the convicting court must, as part of the sentencing, order that the specified item be forfeited to the Crown.

1A If a person is convicted of an offence under section 42A for breaching a firearms prohibition order and is in possession of any firearms or related items, the convicting court must, as part of the sentencing, order that the firearms or related items be forfeited to the Crown.

2 However, subsection (1) or (1A) does not apply and the convicting court need not make an order under that provision if the court considers that, given the circumstances of the offending, it would be unjust to make that order.

3 Anything ordered under subsection (1) or (1A) to be forfeited to the Crown—

a) is forfeited to the Crown accordingly; and

b) may be disposed of in any manner that the Commissioner directs.

4 In this section,—  
"firearm or related item" has the meaning given in section 39     
"specified item" means any firearm, airgun, pistol, restricted weapon, imitation firearm, prohibited item, pistol carbine conversion kit, ammunition, or explosive.  

History: Section 69: replaced, on 25 June 2020, by section 96 of the Arms Legislation Act 2020 (2020 No 23).   Section 69(1A): inserted, on 15 November 2022, by section 12(1) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).     Section 69(2): amended, on 15 November 2022, by section 12(2) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).     Section 69(3): amended, on 15 November 2022, by section 12(3) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).     Section 69(4): replaced, on 15 November 2022, by section 12(4) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).