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Corrections Act 2004

Corrections system - Coercive powers - Use of force and restraints, and related matters

86: Possession, carriage, and use of firearms restricted

You could also call this:

"No guns allowed in prison, except with special permission"

As a staff member or officer in a prison, you are not allowed to have or use a firearm inside the prison, except in special cases. The chief executive can give you permission to have or use a firearm in a certain area of the prison, but only for specific reasons, such as for a prison industry, to kill sick or injured animals, or for pest control. You can find more information about firearms licences under section 24 of the Arms Act 1983.

If you are allowed to have or use a firearm, you must have a current firearms licence and follow the rules of the Arms Act 1983. You cannot use a firearm when prisoners are around, and you must not store a firearm in the prison.

You must remember that some firearms are prohibited, and you cannot use them, even with permission from the chief executive.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296022.

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Crime and justice > Criminal lawCrime and justice > Police and safetyGovernment and voting > Government departments
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Part 2Corrections system
Coercive powers: Use of force and restraints, and related matters

86Possession, carriage, and use of firearms restricted

  1. No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3).

  2. This section does not limit the powers of a constable under any other enactment.

  3. The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm (other than a prohibited firearm) within a prison, but only in a specified area of the prison for 1 or more of the following purposes:

  4. for the purpose of any specified prison industry:
    1. for the purpose of humanely killing sick or injured animals:
      1. for the purpose of pest control.

        1. If subsection (3) applies, a firearm—

        2. may only be used by an officer or staff member who holds a current firearms licence under section 24 of the Arms Act 1983 and in accordance with that Act; and
          1. must not be used while prisoners are present; and
            1. must not be stored in a prison.

              Compare
              • 1954 No 51 s 19B
              Notes
              • Section 86 heading: amended, on , by section 7(1) of the Corrections Amendment Act 2009 (2009 No 3).
              • Section 86(1): replaced, on , by section 7(2) of the Corrections Amendment Act 2009 (2009 No 3).
              • Section 86(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 86(3): inserted, on , by section 7(3) of the Corrections Amendment Act 2009 (2009 No 3).
              • Section 86(3): amended, on , by section 73 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
              • Section 86(4): inserted, on , by section 7(3) of the Corrections Amendment Act 2009 (2009 No 3).