Firearms Prohibition Orders Legislation Amendment Act 2024
Version updated on 1 November 2024 to make editorial change to section 4.
Firearms Prohibition Orders Legislation Amendment Act 2024
Public Act |
2024 No 34 |
|
Date of assent |
2 September 2024 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Firearms Prohibition Orders Legislation Amendment Act 2024.
2 Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
Part 1 Amendments to Arms Act 1983
3 Principal Act
This Part amends the Arms Act 1983.
4 Section 2 amended (Interpretation)
In section 2(1), insert in their appropriate alphabetical order:
gang has the meaning given to it by section 4 of the Gangs Act 2024
organised criminal group has the meaning given to it by section 98A of the Crimes Act 1961
Section 4: editorial change made by the PCO, on 1 November 2024, under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).
5 Section 24A amended (Fit and proper person to possess firearm or airgun)
6 Section 39 replaced (Interpretation)
Replace section 39 with:
39 Interpretation
In this Part,—
associate of a gang or an organised criminal group means an individual who associates with a gang or an organised criminal group
criminal activity means an activity that constitutes the commission of an offence
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
insignia, in relation to a gang or an organised criminal group,—
(a)
means a sign, symbol, or representation commonly displayed to denote membership of, or an affiliation with, a gang or an organised criminal group, not being a tattoo; and
(b)
includes any item or thing to which a sign, symbol, or representation referred to in paragraph (a) is attached or affixed (for example, clothing or a vehicle)
member of a gang or an organised criminal group includes the following:
(a)
an individual who is a prospective member or nominee:
(b)
an individual who demonstrates affiliation to a gang or an organised criminal group by displaying the gang’s or group’s insignia:
(c)
an individual who is involved in the affairs of a gang or an organised criminal group for the likely purpose of participating in a criminal activity
prospective member or nominee, in relation to a gang or an organised criminal group, means a person who is a member of the gang or the organised criminal group but who does not have full membership status.
7 Section 39A amended (When FPO may be made)
(1)
Replace section 39A(1)(b)(ii) with:
(ii)
after 15 November 2022.
(2)
After section 39A(1), insert:
(1A)
This section also applies when a court is sentencing an offender who—
(a)
has been convicted of—
(i)
an offence under any of the following Acts that is punishable by a term of imprisonment of 1 year or more:
(A)
this Act:
(B)
the Misuse of Drugs Act 1975:
(C)
the Psychoactive Substances Act 2013; or
(ii)
an offence against any of the following provisions of the Crimes Act 1961:
(A)
the provisions of Part 8 (crimes against the person):
(B)
the provisions of Part 10 (crimes against rights of property):
(C)
the provisions of Part 11 (threatening, conspiring, and attempting to commit offences); and
(b)
committed the offence—
(i)
when aged 18 years or over; and
(ii)
after the commencement of this subsection; and
(c)
at the time of committing the offence was—
(i)
a member of a gang or an organised criminal group; or
(ii)
an associate of a gang or an organised criminal group.
8 New section 39FA inserted (Varying, modifying, or revoking FPOs)
After section 39F, insert:
39FA Varying, modifying, or revoking FPOs
(1)
A person who is subject to an FPO may, at any time after the FPO has been in force for 5 years, apply to the court that made the FPO for an order—
(a)
varying or modifying any of the conditions of the FPO; or
(b)
revoking the FPO.
(2)
An application under subsection (1)(a) or (b) may not be made in respect of an FPO if an application has previously been made under subsection (1)(a) or (b) in respect of the FPO within the previous 2 years.
(3)
On an application made under subsection (1)(a), the court may vary or modify any standard or special condition of the FPO if it is satisfied, on the balance of probabilities, that the condition is no longer reasonably necessary to prevent the applicant from accessing, possessing, or using any firearms or related items.
(4)
On an application made under subsection (1)(b), the court may revoke the FPO if it is satisfied, on the balance of probabilities, that the FPO is no longer necessary, reasonable, and appropriate to assist in managing the risk that the applicant poses to public safety.
9 Section 39G replaced (Modifying or replacing FPO on subsequent conviction)
Replace section 39G with:
39G Varying, modifying, or replacing FPO on subsequent conviction
(1)
This section applies if—
(a)
a court is sentencing an offender in the circumstances described in section 39A(1) or (1A); and
(b)
the offender is already subject to an FPO in respect of previous offending.
(2)
The court may—
(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.
Part 2 Amendments to other Acts
Subpart 1—Amendment to Sentencing Act 2002
10 Principal Act
This subpart amends the Sentencing Act 2002.
11 Section 111A replaced (Firearms prohibition order)
Replace section 111A with:
111A Firearms prohibition order
(1)
When sentencing a specified offender, the court may make a firearms prohibition order against the offender under Part 7A of the Arms Act 1983.
(2)
In this section, specified offender means an offender described in section 39A(1) or (1A) of the Arms Act 1983.
Subpart 2—Amendments to Search and Surveillance Act 2012
12 Principal Act
This subpart amends the Search and Surveillance Act 2012.
13 Subpart 6 heading in Part 2 amended
In Part 2, in the subpart 6 heading, delete “offences”
.
14 New section 18AA inserted (Warrantless searches associated with FPOs)
After section 18, insert:
18AA Warrantless searches associated with FPOs
(1)
A constable, who has reasonable grounds to believe that a person is subject to an FPO made before, on, or after the commencement of this section, may, without a warrant, do any or all of the following for the purpose of checking whether the person is complying with the conditions of the FPO:
(a)
search the person:
(b)
search any thing in the person’s possession or under the person’s control (including a vehicle):
(c)
search any premises—
(i)
in which the person is present; or
(ii)
that the person occupies or controls:
(d)
search any vehicle in which the person is present and any other persons present in the vehicle who the constable has reasonable grounds to believe are in possession of arms:
(e)
enter a place or vehicle to carry out any activity under paragraphs (a) to (d):
(f)
seize and detain any arms found.
(2)
A constable may exercise the power in subsection (1) without having reasonable grounds to suspect that any offence has been, is being, or will be committed by the person.
(3)
In this section, FPO means a firearms prohibition order made, varied, or modified under Part 7A of the Arms Act 1983.
Legislative history
1 March 2024 |
Introduction (Bill 24–1) |
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5 March 2024 |
First reading and referral to Justice Committee |
|
26 July 2024 |
Reported from Justice Committee (Bill 24–2) |
|
22 August 2024 |
Second reading |
|
28 August 2024 |
Committee of the whole House |
|
29 August 2024 |
Third reading |
|
2 September 2024 |
Royal assent |
This Act is administered by the Ministry of Justice.