Arms Act 1983

Preliminary provisions

4A: Persons who may apply to import, manufacture, sell, supply, possess, or use prohibited items

You could also call this:

"Who can apply to use or sell banned items in New Zealand?"

Illustration for Arms Act 1983

You can apply to import, sell, or use a prohibited item if you are a licensed dealer, a collector of firearms, or someone who has a special item that has been passed down to you. You might also be able to apply if you work at a museum, or if you are involved in controlling wild animals. You can check the Arms Act 1983 to see if you are allowed to apply. You might be exempt from some rules if you were already in the business of manufacturing or supplying prohibited parts before 12 April 2019. This means you can keep doing what you were doing, as long as you follow the rules. Some people who work for exempt businesses are also exempt. A 'specified Act' refers to laws like the Wildlife Act 1953, the Wild Animal Control Act 1977, the Conservation Act 1987, or the Biosecurity Act 1993. 'Permitted supply' means you are allowed to supply prohibited parts to the government, or export them, or give them to people who are allowed to have them. You can find more information about this in the Arms Act 1983 and other laws like the Customs and Excise Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS187102.

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Part 1Preliminary provisions

4APersons who may apply to import, manufacture, sell, supply, possess, or use prohibited items

  1. Only the following persons may apply to import, sell, supply, possess, or use a prohibited item in accordance with the provisions of this Act and in their capacity as—

  2. a licensed dealer:
    1. a bona fide collector of firearms:
      1. a person to whom the prohibited item has special significance as an heirloom or a memento:
        1. a director or curator of a bona fide museum:
          1. an approved employee or approved member referred to in section 29(2)(e):
            1. a person who is employed or engaged by the Department of Conservation and involved in operations for the purpose of controlling wild animals or animal pests in accordance with a specified Act (subject to prescribed limits, if any):
              1. a person who is the holder of a concession granted by the Minister of Conservation to undertake wild animal recovery operations in accordance with a specified Act (subject to prescribed limits, if any):
                1. a person who is employed or engaged by a management agency as defined in section 100 of the Biosecurity Act 1993 and involved in operations for the purpose of controlling wild animals or animal pests in accordance with that Act (subject to prescribed limits, if any):
                  1. a person whose sole business, or a substantial part of whose business, is providing services to control any prescribed wild animals or animal pests, or a person employed or engaged by that person for that purpose (subject to prescribed limits, if any):
                    1. a person who is the owner or manager, or is an employee, of an agricultural, a horticultural, or a silvicultural business, if there is a real possibility that the commercial viability of the business would be detrimentally affected to a significant extent by the presence of prescribed wild animals or animal pests on any land used for that business (subject to prescribed limits, if any).
                      1. A person who before 12 April 2019 was in the business of manufacturing prohibited parts for the purposes of permitted supply is an exempt person in their capacity as a manufacturing business if the person continues, for the purposes of permitted supply, to manufacture prohibited parts.

                      2. A person who before 12 April 2019 was in the business of permitted supply is an exempt person in their capacity as a permitted supply business if the person continues, for the purposes of carrying out permitted supply, to use prohibited items to test and demonstrate prohibited parts.

                      3. A person employed or engaged by a person referred to in subsection (1A) or (1B) is an exempt person for the purpose of carrying out their duties in accordance with their contract of employment or engagement.

                      4. In subsection (1)(f) and (g), specified Act means—

                      5. the Wildlife Act 1953:
                        1. the Wild Animal Control Act 1977:
                          1. the Conservation Act 1987:
                            1. the Biosecurity Act 1993.
                              1. In this section, permitted supply means—

                              2. the supply of prohibited parts to the Crown that is permitted under section 3(2) or (3):
                                1. the export of prohibited parts to any person that is permitted or authorised under the Customs and Excise Act 2018:
                                  1. the supply of prohibited parts to other persons expressly permitted or authorised under this Act to possess prohibited parts (other than by clause 5 of Schedule 1).
                                    Notes
                                    • Section 4A: inserted, on , by section 8 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
                                    • Section 4A heading: amended, on , by section 10(1) of the Arms Legislation Act 2020 (2020 No 23).
                                    • Section 4A(1)(a): amended, on , by section 10(2) of the Arms Legislation Act 2020 (2020 No 23).
                                    • Section 4A(1)(j): inserted, on , by section 10(3) of the Arms Legislation Act 2020 (2020 No 23).
                                    • Section 4A(1A): inserted, on , by section 10(4) of the Arms Legislation Act 2020 (2020 No 23).
                                    • Section 4A(1B): inserted, on , by section 10(4) of the Arms Legislation Act 2020 (2020 No 23).
                                    • Section 4A(1C): inserted, on , by section 10(4) of the Arms Legislation Act 2020 (2020 No 23).
                                    • Section 4A(3): inserted, on , by section 10(5) of the Arms Legislation Act 2020 (2020 No 23).