The Short Title of this Act is “The Arms Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

The Governor, by Order in Council gazetted, may from time to time make regulations—

Every person who commits a breach of any such regulation is liable to a fine not exceeding five hundred pounds.

The Governor may by Order in Council suspend or relax the operation of any of the provisions of this Act or any part thereof, and either with or without any limit of time, and either as regards the whole of New Zealand or any district thereof to be defined in any such Order in Council, and either generally or in favour of any person specifically or any class of persons, and subject to any regulations or conditions expressed in any such Order in Council, but so far only as such provisions prevent or interfere with the sale or purchase of arms, ammunition, gunpowder, lead, caps, or shot for mining, sporting, or any useful or harmless purpose, and not further or otherwise.

Every Order in Council made under this Act shall be in force on and after a day to be named therein, and shall be gazetted.

The Governor may from time to time appoint Licensing Officers, whose duty it shall be to issue licenses in the forms or to the effect respectively set forth in the Second Schedule hereto.

Every such license may be granted subject to any special conditions or stipulations.

Any such license which is proved to the satisfaction of a Magistrate to have been accidentally destroyed or lost may be replaced by a Licensing Officer on the written direction of the Magistrate.

The Governor, or any person appointed by him for that purpose, may, by notice in writing given to the licensee or left at his last known or usual place of abode, revoke any ordinary license, and after notice so given or left that license shall cease and determine.

Every person having an ordinary license or a dealer’s license, or any certificate to buy gunpowder for blasting or mining, granted under the authority of this Act, who—

is liable to a fine not exceeding two hundred pounds; and the person so applying such gunpowder for any other purpose is liable to a like fine.

Where a license is issued authorising the sale of arms to or the purchase or importation of arms by a person named in such license, upon conditions that such arms be retained for the personal defence or otherwise for the personal use of such person, any two Justices, upon the application of a Licensing Officer, may summon such person to attend before them at a time and place to be named in the summons, and there and then either to produce such arms or a proper license authorising him to sell or dispose of such arms, or otherwise to account for his non-possession of such arms to the satisfaction of such Justices.

Every such person who fails so to attend and to produce such arms, or otherwise to account as aforesaid for his non-possession of the same, is liable to a fine not exceeding one hundred pounds.

No person shall act or pretend to act as a dealer without a dealer’s license in the form numbered (2) in the Second Schedule hereto.

Every person who offends against this provision commits a crime.

A license to a dealer shall be issued only on his application in writing, accompanied by a true and full statement of all arms, gunpowder, and other warlike stores then in his possession.

If any such statement made by a dealer is untrue or incorrect, he shall be liable to a fine not exceeding one hundred pounds.

Any Licensing Officer, or any person authorised by him in writing, may enter into the house and premises of such applicant and may search the same for the purpose of comparing such statement with the actual stock of arms, gunpowder, and other warlike stores in the possession of the applicant.

Every such dealer shall keep a book in the form numbered (3) in the Second Schedule hereto, and shall, on a day to be prescribed by regulations, enter therein a statement of all arms, gunpowder, and warlike stores then in his possession, and shall always thereafter truly and punctually enter therein a statement of all arms, gunpowder, and warlike stores received by him or coining into his possession, and of all arms, gunpowder, and other warlike stores sold and delivered or in any way disposed of by him, or in any way going out of his possession.

Every dealer who commits a breach of this section is liable to a fine not exceeding one hundred pounds, and, in addition thereto, if any such breach is wilful on the part of such dealer he commits a crime.

Every such book shall be producible in any Court in any legal proceeding, and may be used as evidence either of the entries therein or the omissions therefrom, for or against any dealer.

Every Licensing Officer shall keep a book containing a separate heading for each dealer to whom a license is issued, and shall enter therein, under the proper heading, an account of all arms, gunpowder, and other warlike stores from time to time lawfully receivable and deliverable by each such dealer.

The book to be kept as hereinbefore provided by every dealer shall be examined at the expiration of every three months by a Licensing Officer or by some person appointed by him for that purpose, and shall be compared with the book to be kept by the person making and issuing licenses, and with the several licenses; and the stock of arms, gunpowder, and warlike stores in the possession of such dealer shall at the same time be examined and compared with such books and licenses.

If upon any such examination and comparison, or upon any examination and comparison by a Licensing Officer, any deficiency is found in the stock of arms, gunpowder, and warlike stores lawfully in the possession of any such dealer, or if the same do not correspond with the said books and licenses, such dealer shall be deemed to have committed a crime.

A minute shall be made in each of the said books of the result of every such examination and comparison.

Any such examination and comparison may be made in like manner as often and at such times as any Licensing Officer thinks proper.

Every dealer in gunpowder, his agent or servant, shall, before selling or delivering any quantity of gunpowder to any person, require that person to produce an existing license to keep arms, or an existing dealer’s license, or, in case such gunpowder is wanted for blasting or mining, a certificate under the hand of a Justice that such gunpowder is to be applied to such purpose; and in the last-mentioned case shall indorse on the certificate the quantity so sold or delivered, and the time when the same was so sold or delivered, and shall sign his name thereto.

Every dealer in gunpowder is liable to a fine not exceeding one hundred pounds who sells or delivers any quantity of gunpowder to any person without the production of such a license or certificate, or neglects to indorse on any such certificate the quantity so sold or delivered, or the time when the same was so sold or delivered, and to sign his name thereto.

Any Justice may grant to any person desirous of buying gunpowder for the purpose of blasting or mining a certificate authorising that person to buy any specified quantity of gunpowder for that purpose, upon being satisfied that such gunpowder is wanted for that purpose and that the applicant is a fit person to be intrusted therewith.

Every dealer who sends out any arms shall, within twenty-four hours thereafter, give notice in writing thereof to the nearest Licensing Officer, and shall send out all such arms either uncovered or in packages conspicuously marked with the word “Arms.”

Every such dealer who fails to give such notice, or sends out such arms covered and without being so marked, is liable to a fine not exceeding two hundred pounds.

Every holder of a dealer’s license who sends out any quantity of gunpowder or ammunition exceeding ten pounds in weight shall, within twenty-four hours, give notice thereof to the nearest Licensing Officer, and every such person who fails to give such notice is liable to a fine not exceeding two hundred pounds.

The Governor may, by warrant under his hand, whenever it seems expedient, and for such period of time as is expressed in such warrant, suspend or revoke any dealer’s license; and, on notice of the same being served at the dwellinghouse or shop of the licensee, he shall thereafter as long as such warrant continues in force, and during the time expressed in such warrant, be deemed to be without the license mentioned in the warrant.

Every person commits a crime who, being the master of or a person on board of any coasting-ship, or ship on a coasting voyage, knowingly receives on board such ship from another ship, either at sea in New Zealand waters or in harbour, any gunpowder or warlike stores, without a license to import in the form numbered (4) in the Second Schedule hereto.

The master of every ship arriving in any place in New Zealand from beyond the seas, or from any other place in New Zealand, shall deliver to the officer of Customs who first visits that ship after such arrival a statement in writing, signed by such master, containing a true account of all arms, gunpowder, and warlike stores on board the ship.

If an officer of Customs does not within two hours after such arrival visit the ship, the master shall within twenty-four hours after such arrival deliver such statement to an officer of Customs on shore at such place.

If there is no officer of Customs at such place, the master shall, within such period of twenty-four hours, deliver the statement to a Justice if there is one accessible.

If the master wilfully fails to make such report, or if he wilfully makes a false report of such arms, gunpowder, and warlike stores, he commits a crime.

If any ship is found in New Zealand waters with a smaller or a different quantity or description of arms, gunpowder, or warlike stores on board than is proved by any such statement or otherwise to have been on board at any time previously within the said limits, and the master is unable to give an account of the disposal according to law of such deficient or different arms, gunpowder, and warlike stores, such master is liable to a fine not exceeding five hundred pounds.

Any officer of Customs, any Justice, and any officer of the navy on full pay, either alone or with other persons employed by him respectively, may, at any time and at any place within New Zealand waters, go on board any ship and rummage and search the cabin and all other parts of the ship for arms, gunpowder, and warlike stores.

Every master or other person who prevents or impedes any person in the execution of the powers conferred by this section is liable to a fine not exceeding one hundred pounds.

The chief officer of Customs at any port shall, as soon as may be after the arrival at such port of any ship from across the seas, deliver or cause to be delivered to the master of the ship a copy of this Act, for which the master shall give a receipt in writing; and if default is made in such delivery, or if the master refuses to give such receipt, the chief officer so neglecting or the master so refusing are respectively liable to a fine not exceeding fifty pounds.

It shall not be necessary to deliver such copy to the master of any ship to whom a copy has at any time previously been delivered, or where the ship is known to be a regular trader to New Zealand.

The Governor may by Proclamation divide New Zealand or any part thereof into districts for the purposes of sections twenty-eight to forty-three hereof, and may alter and define the limits and boundaries of such districts.

Every district proclaimed under this section shall have a name whereby the same may be distinguished.

So much of New Zealand as is not included in any district so proclaimed shall nevertheless be and continue subject to the sections of this Act other than those above enumerated.

The Governor may appoint one or more Licensing Officers for every district proclaimed under the last preceding section.

Within thirty days after the proclamation of any such district as aforesaid, every person desirous of keeping or then having any arms in such district shall deliver or cause to be delivered to the Licensing Officer for the district an application in the form numbered (5) in the Second Schedule hereto.

If the Licensing Officer is satisfied by a certificate of two Justices resident in the district that the applicant is resident in that district, and is a fit person to be so licensed, he shall issue a license to such person in the form numbered (6) in the said Schedule.

Every such license shall specify the number and description of arms the keeping of which the license is to authorise, and the letters and numbers to be marked on such arms, and the place at which such arms are to be kept, and shall be signed by the Licensing Officer and delivered to the applicant without fee or reward.

Every Licensing Officer shall keep a book wherein shall be entered the names in alphabetical order of all persons licensed to keep arms in his district, and of the quantity and descriptions of arms comprised in each license, and the places at which such arms are kept, and the letters and numbers marked thereon; and it shall be lawful for any Justice or constable to inspect such book and make extracts therefrom at all reasonable times.

The Licensing Officer shall from time to time revise and correct the said register, and shall expunge the name of every person whose license is forfeited or withdrawn, and of every person whose death is proved to his satisfaction.

Where a license to keep arms is issued to any person, the person obtaining the same shall, within such times as the Licensing Officer fixes in the license, produce to the Licensing Officer the arms specified in such license, together with the license.

Such arms shall be examined and compared with the license, and if found to correspond shall be marked with such letters as are prescribed by regulations to denote the district within which such arms are respectively registered, and also with a number to indicate the order of license and registration as specified in the license.

Such arms, when duly marked, shall be redelivered together with the license to the person so licensed.

All such arms shall be marked under the superintendence of the Licensing Officer by such person as he directs.

As often as any person licensed to keep arms under section twenty-nine hereof changes his place of abode for any place within another district proclaimed under section twenty-seven hereof, he shall, within two months after such change, produce before the Licensing Officer for the district in which his new abode is situate his license, and the arms specified therein.

Such Licensing Officer shall cause a description of such new place of abode to be indorsed on such license, and shall subscribe the same, and transmit a notice of such change and of such indorsement having been made to the Licensing Officer for the district in which such person was resident at the time of granting the license, who shall make a note thereof in the register herein directed to be kept by him.

Every person who after changing his abode omits for two months to produce his license and the arms specified therein before the Licensing Officer as aforesaid, and fails to account for any arms that are not produced to the satisfaction of such officer, is liable to a fine not exceeding twenty pounds.

If any such person changes his abode to any place not within any district proclaimed under section twenty-seven hereof, he shall, either immediately before removing or within two months thereafter, give notice in writing to the Licensing Officer of the district whence he has removed of his new place of abode and of the number of his license.

Every person who, after changing his abode as aforesaid, omits for two months to give such notice is liable to a fine not exceeding twenty pounds.

Every person (not being licensed to have in possession or keep arms) who, after the proclamation of any district including the place where he resides, has in his custody or possession for thirty days or more any arms without obtaining under the provisions of section twenty-nine hereof a license for such arms, and every person who, after the expiration of the time limited by this Act for marking the arms he is licensed to keep, has in his custody or possession any arms not duly marked as aforesaid, is liable to a fine not exceeding one hundred pounds.

All such arms shall in every case be forfeited to the use of His Majesty, if the convicting Justices so order.

Where any person is found carrying arms, any Justice or constable may require him to tell his name and place of abode, and may examine such arms, so as to ascertain the number and letters marked hereon.

If that person refuses to tell his name and place of abode, or to allow such arms to be examined, the Justice or constable, and any person acting by his order and in his aid, may seize such arms, and apprehend the offender and convey him before a Justice, who may require him to give sufficient security by recognisance or otherwise for his appearance before any two or more Justices, or a Magistrate, to answer such complaint as may be there brought against him; and in default thereof may commit him to gaol, there to remain until a complaint against him can be heard before such Justices or Magistrate.

Every person carrying arms who refuses to allow any Justice or constable to examine the same, or to tell his name and place of abode, or who gives any false or fictitious name or place of abode is liable to a fine not exceeding two hundred pounds.

Upon information of the decease of any person licensed to keep arms under section twenty-nine hereof, and upon the production of such license and the arms to which the same refers, the Licensing Officer for the district may assign the license of such person, by indorsement thereon under his hand, to any member of the family of the deceased person he thinks fit who applies to him for that purpose.

By virtue of such indorsement the person named therein shall be deemed to be duly licensed to keep the arms mentioned until fifteen clear days next after the date of that indorsement, but no longer.

The Licensing Officer shall transmit notice of the decease of every such licensed person, and of the indorsement of his license, to the Licensing Officer for the district in which such deceased person was resident at the time of granting the license, who shall make a note thereof in the register kept by him.

If the Licensing Officer does not think fit to assign such license, the arms shall be deposited with him until a license is obtained to keep such arms, or until the same are sold.

A member of the family of a deceased person who had at the time of his decease a license to keep arms shall not be liable to any penalty for having such arms until fifteen clear days after the decease of such licensed person, unless he has been required by some Licensing Officer to deposit such arms with him, and has failed so to do, and has not obtained a transfer of the license.

Where any person licensed to keep arms under section twenty-nine hereof sells or disposes of the same, or any of them, under a license to sell arms under any other section of this Act, he shall, within seven days after so selling or disposing of the same, deliver to the Licensing Officer for the district a notice stating the name and abode of the person to whom he has so sold or disposed of such arms, and the time when, and the arms so sold or disposed of.

Every person licensed to keep arms under section twenty-nine hereof shall from time to time, but not oftener than once in every three months, when thereto required by any Licensing Officer, Justice, or constable, produce to him at the place of keeping such arms the arms which he is so licensed to keep, and in case that person has not the arms he is licensed to keep he shall state the fact to the Licensing Officer, Justice, or constable.

Every licensed person who, being so required to produce his arms, fails to produce all or any of such arms without accounting for the same to the satisfaction of the person demanding production is liable to the penalty herein provided for having arms without having a license to keep arms.

The Licensing Officer for any district may, if he thinks fit, withdraw any license to keep arms theretofore granted.

If any person whose license is so withdrawn does not, within seven days after service of notice thereof on him, deliver to the Licensing Officer the license granted to such person, and all such arms as were thereby authorised to be kept, or account for the same to the satisfaction of the Licensing Officer, that person shall be liable to the penalty herein provided for persons having arms without a license to keep the same, unless it appears to the Justices before whom the offence is prosecuted that the delay arose from accidental circumstances and not from wilful neglect.

All arms so delivered up shall either be kept in some place of safe custody or sold, according to the desire of the owner thereof, and if sold the proceeds shall be paid to the owner.

If information in writing is given to any Magistrate or to any two or more Justices, on the oath of a credible witness, that to the best of his knowledge and belief—

such Justices or Magistrate may enter and search (or by warrant under their or his hand may authorise any constable, with such persons as may aid him therein, to enter and search) the house, grounds, and premises of and belonging to such person; and, in case admission is not obtained on demand, to enter by force, and if any arms are found therein and no license to keep the same then in force is produced, or if any arms not duly marked are found, to seize and carry away the same for the use of His Majesty.

Sections twenty-nine to forty-two hereof, relating to the possession of arms not duly marked, or to the possession of arms without a license to keep the same, do not apply to any licensed dealer, or any person while actually employed by any such dealer to carry or convey arms for the purposes of his trade.

Nothing herein relating to the possession of arms without a license shall apply to any person while employed by a person having such a license to carry or convey arms to or from the residence of such licensed person, or to or from the place of business of any licensed dealer for the purposes of sale or repair.

Every person commits a crime punishable by fourteen years’ imprisonment with hard labour who—

Forgery of license.

Counterfeiting mark on arm.

Deceitfully marking arm.

Selling arms, &c., without license.

Every person commits a crime who—

Arms wrongfully marked.

Importing arms, &c.

Landing arms, &c., from a ship.

Selling one sort of arms, &c., for another sort.

Removing arms, &c.

Making or repairing arms, &c.

Dealer keeping excess of gunpowder.

Dealer having excess of arms.

Lending, &c., arms for production.

Evading provisions of Act.

Except where otherwise provided, every person convicted of a crime under this Act is liable to two years’ imprisonment with hard labour, and, at the discretion of the Judge, to a fine not exceeding five hundred pounds.

Every person who sells or disposes of, with or without price or reward, any arms, gunpowder, or warlike stores to any person, knowing that person to be in arms or rebellion against His Majesty in New Zealand or against the Government thereof, or knowing such person to be the agent or accomplice of any person so in arms or rebellion, or knowing that such arms, gunpowder, or warlike stores are intended to be used in levying war against His Majesty in New Zealand or against the Government thereof, commits treason, and on conviction shall be sentenced to death.

All arms, gunpowder, and warlike stores in respect of which an offence against this Act has been committed, together with the barrels and packages containing the same, shall be forfeited to His Majesty.

All questions respecting forfeitures under this Act may be heard and decided either by the Court where the proceedings of which they are the subject were heard and determined, or by two Justices.

All forfeitures under this Act shall be applied and disposed of for such public uses as the Governor directs

All gunpowder and ammunition in quantities exceeding ten pounds in weight removed from any part of New Zealand to any other part shall be made up in packages, with the word “Gunpowder” or “Ammunition,” as the case may be, marked in large letters, upon pain of forfeiting the same to His Majesty.

Every person who commits a breach of this section is liable to a fine not exceeding two hundred pounds.

Any Justice who is satisfied by information on oath that there are reasonable grounds for suspecting that any arms, gunpowder, or warlike stores are deposited in any ship, house, or place for any purpose contrary to this Act may enter and search, or may grant a warrant to any person to enter and search, that ship, house, or place, and may seize and detain, or may by his warrant authorise any person to seize and detain, any arms, gunpowder, or warlike stores found on such search until two Justices have decided whether the same are the subject of any offence against this Act.

Any Justice, upon information on oath, may grant a warrant to any person to search for and seize, and any officer of the army or navy on full pay, Harbourmaster, officer of Customs, or constable, or any other person acting in his or their aid or assistance, may search for and seize all arms, gunpowder, and warlike stores in course of removal without such license as aforesaid, or without such license being produced on demand of any such person as aforesaid.

Any Justice who has reasonable ground for making such search as aforesaid, and any person holding a warrant from a Justice directing a search to be made, and any person acting in his aid or assistance, may enter into any house or place at any time in order to effect such search, and, in case admittance is refused, or is not obtained within a reasonable time after the first demand, then may enter by force in order to effect such search.

It shall be lawful for any person to seize and apprehend any person in the act of committing any of the offences by this Act declared to be crimes.

The Governor may by Proclamation from time to time declare what articles shall be considered as warlike stores for the purposes of this Act.

The fines imposed by this Act may be recovered by any person, and the offences punishable under this Act may be punished on the prosecution of any person.

All fines under this Act shall be recoverable as follows:—

One-half of every sum of money recovered by way of fine under this Act shall be paid to the informant suing for the same, and the other half shall be paid into the Public Account.

The Governor may remit or mitigate at his discretion any fine, forfeiture, or punishment incurred under this Act, and may order the restoration of any arms, gunpowder, or ammunition seized, and in every case may remit as well the part of any fine payable to the informant, before the same is paid, as the part payable to the Public Account.

No proceeding under this Act for any fine before any Justices may be removed into the Supreme Court by writ of certiorari or otherwise.

In all informations and other legal proceedings under section twenty-two or paragraph (e) of section forty-five hereof it shall be sufficient to allege and to prove that such transhipment was from one ship to another ship on a coasting voyage, without naming or identifying the first-named ship, and to allege and to prove that such removal or attempted removal was from one place in New Zealand to another, without naming or identifying such places or either of them.

The issue of any license and the contents thereof may be proved by the production of a duplicate of that license, verified by the signature of a Licensing Officer, or by the production of any register of arms kept under the authority of this Act, or of any extract from any such register certified by the officer charged with the duty of keeping the same.

There shall be no limitation of time for the prosecution or commencement of any proceedings under this Act.

The Attorney-General may, at any step of any proceedings for an offence under this Act, discontinue the same, and thereupon all further proceedings shall be stayed in such prosecution.

If in any prosecution or proceeding under this Act any question arises as to whether any person is duly licensed within the meaning of this Act for any purpose, or as to whether any person has given any notice or declaration required by this Act, the proof that that person is so licensed or has given that notice or declaration shall lie on the party against whom such prosecution or proceeding is had, and not on the party complaining.

In case any person incurs any expense or loss of time in or about the procuring of the conviction of any person for an offence declared by this Act to be a crime, the Governor may award to such person, out of any moneys available for criminal prosecutions, his reasonable costs and expenses incurred as aforesaid, not exceeding in amount one hundred pounds.

There shall be paid to every Licensing Officer the fees set forth in the Third Schedule hereto, to be paid by him into the Public Account:

Provided that the Governor in Council may, where he thinks proper, alter and vary the said fees or any of them, but so as not to exceed the amounts hereby fixed.

Nothing in this Act shall be deemed to apply to—

The Governor may by Proclamation from time to time prohibit the exportation to any country or place therein named of all or any of the following articles, namely: Arms, ammunition, military and naval stores, and any article that in the opinion of the Governor is capable of being converted into or made useful in increasing the quantity of arms, ammunition, or military or naval stores.

Such Proclamation may be made whenever, in the opinion of the Governor, it is expedient in order to prevent the articles specified therein being used against His Majesty’s subjects or forces, or against any forces engaged or that may be engaged in military or naval undertakings in co-operation with His Majesty’s forces.

Without in any way limiting the nature or description of the articles that may be specified in any such Proclamation, the articles set forth in the Fourth Schedule hereto may be so specified.

If any articles so prohibited are exported or brought to any quay or other place to be shipped for export or carried coastwise, or are water-borne to be so exported or carried, they shall be forfeited and dealt with under the provisions of “The Customs Law Act, 1908,” relating to forfeited goods.

Every person who offends against the provisions of this section, or of any Proclamation issued in pursuance thereof, is liable to a fine of five hundred pounds.

This section shall be read with and as part of “The Customs Law Act, 1908.”