Citation(s) from the GunPolicy.org literature library
New Zealand. 2021 ‘Section 24A.’ Arms Act 1983: September 2021 Reprint; Section 24A. Wellington: New Zealand. 26 September
Relevant contents
24A Fit and proper person to possess firearm or airgun
(1) For the purposes of this Act, a member of the Police may find a person is not a fit and proper person to be in possession of a firearm or an airgun if the member of the Police is satisfied that 1 or more of the following circumstances exist:
(a) the person is charged with or has been convicted of an offence in New Zealand or overseas that is punishable by a term of imprisonment (including, but not limited to, an offence involving violence, drugs, or alcohol):
(b) the person is charged with or has been convicted of an offence under this Act:
(c) the person is charged with or has been convicted of an offence against—
(i) section 231A of the Crimes Act 1961; or
(ii) the Game Animal Council Act 2013; or
(iii) the Wildlife Act 1953; or
(iv) the Wild Animal Control Act 1977:
(d) the person has, or has had at any time, a temporary protection order made against them under—
(i) section 79 of the Family Violence Act 2018; or
(ii) section 14 of the Domestic Violence Act 1995:
(e) the person has inflicted, or is inflicting, family violence against another person and that other person has grounds under the Family Violence Act 2018 to apply for a protection order in respect of that violence:
(f) the person has, or has had at any time, a restraining order made against them under the Harassment Act 1997:
(g) the person has engaged in any conduct involving non-compliance with any requirements of—
(i) this Act; or
(ii) any regulations made under this Act; or
(iii) any conditions to which a permit, licence, or endorsement previously issued to the person under this Act was subject:
(h) the person shows, or has recently shown, symptoms of a mental or physical illness or injury that may adversely affect their ability to safely possess firearms:
(i) the person abuses alcohol, or is dependent on alcohol, to an extent that affects detrimentally their judgement or behaviour:
(j) the person uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour:
(k) the person is a member of, or has close affiliations with, a gang or an organised criminal group:
(l) the person has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism:
(m) the person has been assessed as a risk to a State's national security:
(n) the person satisfies any criteria prescribed in regulations made under section 74(1)(bb).
(2) In determining whether, for the purposes of this Act, a person is a fit and proper person to be in possession of a firearm or an airgun, the member of the Police may take into account—
(a) whether the applicant—
(i) has a sound knowledge of the safe possession and use of firearms:
(ii) understands the legal obligations of a holder of a firearms licence, including the endorsements that may be made on a firearms licence; and
(b) any other criteria prescribed in regulations made under section 74(1)(bc); and
(c) any other relevant matters the member of the Police considers appropriate.
(3) The member of the Police may, for the purpose of determining whether a person is a fit and proper person to be in possession of a firearm or an airgun,—
(a) seek and receive any information that the member of the Police thinks appropriate; and
(b) consider information obtained from any source.
(4) If the member of the Police proposes to take into account any information that is or may be prejudicial to an applicant's application, the member of the Police must, subject to subsection (5), disclose that information to the applicant and give the applicant a reasonable opportunity to refute or comment on it.
(5) Nothing in subsection (4) requires the member of the Police to disclose any information to an applicant if that disclosure would be likely to—
(a) endanger the safety of any person; or
(b) prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
(c) prejudice the entrusting of information to the Police, the New Zealand Security Intelligence Service, or the Government Communications Security Bureau on a basis of confidence by—
(i) the government of any other country; or
(ii) any international organisation.
(6) In this section,—
family violence has the meaning given in section 9 of the Family Violence Act 2018
gang has the meaning given in section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013
organised criminal group has the meaning given in section 98A of the Crimes Act 1961.
[As amended by Section 42 of the Arms Legislation Act (2020)]