Arms Control in New Zealand

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Arms Control in New Zealand Law, Policy and
Practice Inspector Joe Green NZ
Police October 2007
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Purpose of Arms Act 1983

• To promote both the safe use and control of
  firearms

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Law, policy and practice the fit

• Arms Act 1983 direction of the Commissioner -
  makes it important to include Police policy as
  part of the overall New Zealand arms control
  regime (includes case law).
• Arms Regulations 1992 more prescriptive than
  the Arms Act.
• Arms (Restricted Weapons and Specially Dangerous
  Airguns) Order 1984.
• Arms Manual (2002) directs Police practice.
• Arms Code (2007) safety manual.

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Fit Proper Person

• Firearms control in NZ is predicated on a person
  being fit and proper to possess firearms.
• Fit and proper is not further defined in the
  Arms Act.
• It is determined by a vetting process that
  includes criminal records, intel, interviews
  with spouse/partner/NOK, unrelated third party
  and security inspection in the applicants home.
• Endorsements are subject to cause to possess.
• Any decision subject to judicial review.

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A person is not fit and proper if

• By law if subject to a protection order under
  family violence legislation or if a Commissioned
  Officer is satisfied there are grounds for such
  an order if they have had their firearms licence
  revoked or if a person who is not fit and proper
  is likely to have access to their firearms.
• By Regulation if they fail to comply esp. to
  secure their firearms.
• By policy serious, or routine repeated
  disregard for the law (whether charged/convicted
  or not), convictions, behavioural issues
  (substance misuse, violence, suicide, mental ill
  health, etc).

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Endorsements on licence

• By law the holder of a firearms licence may
  apply for an endorsement on that licence allowing
  them to possess pistols, restricted weapons and
  Military Style Semi Automatics (MSSA) subject
  to any direction from the Commissioner.
• By Regulation security, markings, powers of
  inspection.
• By policy general condition on carriage of
  pistols and restricted weapons inspection
  audit.

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Permits to import procure

• By law permits to import subject to discretion
  permits to procure acting under a direction from
  the Commissioner. Permits to import pistols,
  restricted weapons and MSSAs may only be issued
  by PNHQ (Manager Licensing and Vetting), and are
  subject to special reason.
• By Regulation the where, how and what now
  of application.
• By policy special reason defined permit to
  procure sporting rifle as MSSA only on approval
  of PNHQ.

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Best practice consultation

• The 1983 Arms Act and the Arms Amendment Bill
  2005 were developed in a consultative process
  approved by Cabinet before drafting. This
  included representatives of shooting
  organisations, Dealers, PistolNZ, Shoot
  Federation, and the New Zealand Mountain Safety
  Council.
• Consultation has also included the Mental Health
  Commission, Federation of Graduate Women and
  United Nations Association.
• This is likely to result in better law and a
  higher level of compliance.

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A collaborative approach

• the extent to which the cooperation of the
  public can be secured diminishes proportionally
  the necessity of the use of physical force and
  compulsion for achieving police objectives
• (Peel principles, 1829).
• Nearly all firearms use occurs in the private
  domain cooperation enhances achieving the
  purposes of the Arms Act 1983.

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Outcomes

• Firearms offending (2005/06) 1.28 of all
  violent offending.
• 1.7 of offenders in FV records have current
  licence (provisional).
• Homicide with firearms tracking downward - at
  about 13.
• Suicide by firearm less than 5, down from 20
  in 1983.
• Since 1975 so-called accidental death and
  injury by firearms has reduced from an average of
  one a week to one a month.

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What they use, what we seize
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Its a new world

• Number of world conflicts reducing.
• Manufacturers turn to the civilian market
  manufacture to civilian spec, or, modify.
• Modified restricted weapons remain restricted
  weapons under NZ law supported by case law.
• Evidence of illicit trafficking into and through
  New Zealand.
• New Zealand is a member of the international
  community, in an ever reducing world.

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We need to change!

• FROM freedom to possess firearms,
• TO NZ prohibits the possession of firearms
  unless a person has proven themselves fit and
  proper to NZ Police.
• FROM we are free to do what we like with our
  guns,
• TO what we can do with our firearms is strictly
  controlled if we frighten, alarm or annoy
  anyone, or injure or kill anyone, or damage
  property, or fail to secure our guns, we lose
  both our licence and our guns!

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Relationships are important

• Police, MFAT, Customs, international
  organisations, both shooting and NGO (eg OXFAM,
  Amnesty International, UN Association)
• The more they get to know you the more they lose
  their fear of guns and you!!
• Discussion is now very much focussed on issues.
• It is difficult to find in New Zealand
• polarised anti or pro gun lobby groups.

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Law, policy and practice..
aiming at both the safe use and control of
firearms.