New Zealand Acts

FIREARMS PROHIBITION ORDERS LEGISLATION ACT 2022 - SECT 8

8 New Part 7A inserted

After section 38ZH , insert:

7A - Firearms prohibition orders

39 Interpretation

For the purposes of this Part,
"firearm or related item" means any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, prohibited item, or ammunition.

39A When FPO may be made

1 This section applies when a court is sentencing an offender who—

a) has been convicted of—

i) an offence under section 16(4), 16A, 44A, 50A, 50D, 51A, 53A, 54, 54A, 55, 55A, 55D, 55E, or 55F; or

ii) a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014; or

iii) an offence under section 98A or 189A of the Crimes Act 1961; or

iv) an offence under any of sections 6A to 10 or sections 12 to 13E of the Terrorism Suppression Act 2002; and

b) committed the offence—

i) when aged 18 years or over; and

ii) after the commencement of this section.

2 The court may make an FPO against the offender if the court is satisfied, on the balance of probabilities, that the imposition of an FPO is necessary, reasonable, and appropriate to assist in managing the risk that the offender poses to public safety.

39B Effect of FPO

1 An FPO made against an offender prohibits the offender from accessing, possessing, or using any firearm or related item.

2 An FPO is subject to—

a) the standard conditions set out in section 39C , as may be varied or modified under section 39D by the court making the FPO; and

b) any special conditions imposed under section 39E by the court making the FPO.

39C Standard conditions of FPO

1 The standard conditions of an FPO are that the offender against whom the order is made must not—

a) associate with or, in any place (including a vehicle), otherwise be in the presence of a person who has with them any firearms or related items that are not in secure storage:

b) reside at any premises in which any firearms or related items are stored:

c) join, or remain a member of, any shooting club (including an airsoft shooting club) or firearms club of any kind, visit the premises of such clubs, or attend the events of such clubs:

d) attend any shooting range or shooting gallery:

e) attend an activity of any kind that involves the use of any firearms or related items:

f) visit any premises or place at which firearms or related items are manufactured, sold, repaired, hired, lent, or otherwise supplied.

2 For the purposes of subsection (1)(b) , a person
"resides" at any particular premises if they reside at the premises for at least 2 days (whether consecutive or not) in any period of 12 months.

39D Varying or modifying standard conditions of FPO

1 When making an FPO against an offender, the court may vary or modify the standard conditions of the FPO set out in section 39C having regard to—

a) the nature and seriousness of the offence in respect of which the offender has been convicted; and

b) the circumstances of the offending; and

c) the offender’s personal circumstances (for example, the effect the standard conditions would have on the offender’s employment opportunities); and

d) any other matters that the court considers relevant.

2 The court may not vary or modify the standard condition in section 39C(1)(b) unless it is satisfied that there are sufficient safeguards in place to ensure that the offender is not reasonably likely to obtain access to the firearms or related items stored on the premises.

3 For the purposes of subsection (2) , the court may take into account any proposal agreed between the responsible person and a member of the Police for the Commissioner to prescribe conditions on the responsible person’s firearms licence.

4 In subsection (3) ,
"responsible person" means the firearms licence holder responsible for the secure storage of the firearms and related items in the premises referred to in section 39C(1)(b) .

39E Special conditions of FPO

When making an FPO against an offender, the court may impose any 1 or more conditions, additional to the standard conditions, that the court considers are reasonably necessary to prevent the offender from accessing, possessing, or using any firearms or related items.

39F Commencement and duration of FPO

1 If a court makes an FPO when imposing a non-custodial sentence on the offender, the FPO commences when it is made.

2 If a court makes an FPO when imposing a custodial sentence on the offender, the FPO commences when the offender is released from custody (not being a temporary release under section 62 of the Corrections Act 2004).

3 An FPO continues in force for a period of 10 years unless sooner revoked by a court.

39G Modifying or replacing FPO on subsequent conviction

If a person who is subject to an FPO is subsequently convicted of an offence of the kind specified in section 39A(1)(a) , the court may, when sentencing the person in respect of that offence,—

a) vary or modify any of the existing conditions of the FPO; or

b) impose any special conditions, or additional special conditions; or

c) revoke the FPO and make a new FPO.

39H Appeal against decision to make or not make FPO is appeal against sentence

An FPO is a sentence, and subpart 4 of Part 6 of the Criminal Procedure Act 2011 (appeals against sentence) applies to any decision to make or not make an FPO.