Firearms, restricted weapons, blank-firing guns and ammunition
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Applicants for a permit to import arms items may apply directly to Permit, Visitor and Licence Cards Centre, Arms Safety and Control, NZ Police for the permit. The requirement for an import permit covers all arms items, including prohibited firearms, (most centrefire semi-automatic rifles and shotguns with detachable or large capacity magazines are prohibited firearms), pistols, restricted weapons, and parts thereof, prohibited magazines, airguns which mimic real firearms (restricted airguns), pistol carbine conversion kits, air pistol carbine conversion kits, blank-firing guns (including starting pistols), and ammunition. Permits to import pistols, restricted weapons, parts of pistols or restricted weapons, prohibited firearms, prohibited magazines, prohibited parts, restricted airguns, and prohibited ammunition are subject to Police being satisfied there is a special reason why the item should be allowed in New Zealand.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The permitting regime applies to firearms (including prohibited firearms), pistols, restricted weapons, and parts thereof, prohibited magazines, restricted airguns, pistol carbine conversion kits, air pistol carbine conversion kits, blank-firing guns and ammunition.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The purpose is to reflect the following principles of the safe use and control of arms items as a privilege, and that persons authorised to import arms have a responsibility to act in the interests of personal and public safety.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Arms Act 1983 (as amended by the Arms Legislation Act 2020) and Arms Regulations 1992.
Import permitting for firearms (etc.) is established by the Arms Act 1983 (as amended by the Arms Legislation Act 2020) and Arms Regulations 1992. Certain organisations, including New Zealand Defence and Police are exempt from the licensing regime and may import firearms etc. for the purposes of that organisation.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
A permit to import is required before the item lands in New Zealand. The only exception is where the individual has been unable to obtain a permit. This is only in exceptional circumstances.
Q7.b. Can a licence be granted immediately on request?
With the exception of blank-firing guns, import permits may only be issued to the holder of a firearms licence. Visitors may obtain a visitor's licence and permit to import (on demonstrating that they are fit and proper to possess firearms, and that they have been a bona fide shooter in their country of origin). Visitors must apply through an online application form direct to the Permit, Visitor and Licence Cards Centre, Arms Safety and Control, NZ Police, 28 working days ahead of arrival in New Zealand. For all arms items, and blank-firing guns, an application to import may be granted, but restricted to the import of a single item as a sample for inspection and for testing.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
New Zealand Police manages the firearms import permit regime (see above).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The application for a permit to import items that require a special reason listed in 6 above may be refused at the discretion of Police. A refusal is subject to judicial review. In the case of all other items listed in 2 above, the application for a permit to import must be issued if Police is satisfied that the applicant is lawfully able to possess the item, and, if a sample of the item has been required for examination and testing, the applicant has lawfully provided a sample and the item is approved by Police.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Only the holder of a firearms licence may apply for a permit to import a firearm (etc.).
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The applicant is required to complete a standard form.
Q11. What documents are required upon actual importation?
The permit to import is required to be presented to the New Zealand Customs Service.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is currently no charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
None.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Permits to import firearms (etc.) are valid for one year from date of issue but apply to a single consignment or multiple consignments provided the second and later consignments arrive within a 30 day period of the first consignment.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, although the permit is now limited to a single consignment or multiple consignments, second and later consignments are allowed to arrive within 30 days of the first consignment.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The permit to import is personal to the person it is issued to, although a dealer may import an arms item as an agent for an individual licence holder.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Conditions may be placed on the permit to import (for example, surrender of a worn part where the special reason relates to replacing a worn part of a prohibited firearm), or the provision of a sample if the firearm had not previously been imported into New Zealand or in the case of a blank-firing gun is identified as able to be readily converted to a firearm.