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Arms Act 1983

Miscellaneous provisions - Other miscellaneous provisions

69: Forfeitures

You could also call this:

"What happens to items when someone breaks the firearms law"

Illustration for Arms Act 1983

If you are found guilty of using, carrying, or having a specified item, the court must order it to be taken away from you and given to the Crown. This also applies if you break a firearms prohibition order and have firearms or related items. The court can decide not to take the items away if it thinks it would be unfair. If the court orders items to be taken away, they become the property of the Crown and can be disposed of as directed. A specified item can be a firearm, airgun, or other similar things. You can find the meaning of firearm or related item in section 39 and the meaning of specified item is explained in the Act. The court must follow these rules when making decisions about taking away items. You can find more information about firearms prohibition orders in section 42A. The Commissioner decides what happens to the items that are taken away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM73357.

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Part 9Miscellaneous provisions
Other miscellaneous provisions

69Forfeitures

  1. If a person is convicted of an offence of using, carrying, or being in possession of any specified item, the convicting court must, as part of the sentencing, order that the specified item be forfeited to the Crown.

  2. If a person is convicted of an offence under section 42A for breaching a firearms prohibition order and is in possession of any firearms or related items, the convicting court must, as part of the sentencing, order that the firearms or related items be forfeited to the Crown.

  3. However, subsection (1) or (1A) does not apply and the convicting court need not make an order under that provision if the court considers that, given the circumstances of the offending, it would be unjust to make that order.

  4. Anything ordered under subsection (1) or (1A) to be forfeited to the Crown—

  5. is forfeited to the Crown accordingly; and
    1. may be disposed of in any manner that the Commissioner directs.

      1. In this section,—

        firearm or related item has the meaning given in section 39

          specified item means any firearm, airgun, pistol, restricted weapon, imitation firearm, prohibited item, pistol carbine conversion kit, ammunition, or explosive.

          Notes
          • Section 69: replaced, on , by section 96 of the Arms Legislation Act 2020 (2020 No 23).
          • Section 69(1A): inserted, on , by section 12(1) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).
          • Section 69(2): amended, on , by section 12(2) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).
          • Section 69(3): amended, on , by section 12(3) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).
          • Section 69(4): replaced, on , by section 12(4) of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).