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Arms Act 1983

Offences - Offences

55H: Extraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G

You could also call this:

"New Zealand law applies to some gun offences even if they happen outside New Zealand"

Illustration for Arms Act 1983

You can be charged with an offence against sections 55D, 55E, 55F, or 55G of the Arms Act 1983 even if the acts or omissions happened outside New Zealand. This can happen if you are a New Zealand citizen, or if you live in New Zealand, or if you have been found in New Zealand and have not been extradited. You can also be charged if you are a company incorporated or registered under New Zealand law. You can also be charged if any of the acts or omissions happened on a New Zealand ship or aircraft, such as a ship registered under the Ship Registration Act 1992 or an aircraft registered under the Civil Aviation Act 1990. This includes ships or aircraft used by the New Zealand Defence Force. It also includes aircraft leased to someone whose main business is in New Zealand, or who is a New Zealand citizen or lives in New Zealand. Some other laws do not apply to offences against sections 55D, 55E, 55F, or 55G, such as section 8 of the Crimes Act 1961 and section 400 of the Crimes Act 1961. Nothing in this section stops the application of sections 55D, 55E, 55F, or 55G to acts or omissions that happened wholly in New Zealand. It also does not stop the application of other laws, such as section 7 of the Crimes Act 1961 and section 8A of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS368843.

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55G: Offences relating to removing or altering firearm markings, or

"It's an offence to remove or alter firearm markings without a good reason"

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55I: Attorney-General’s consent required, or

"Get the Attorney-General's okay before taking someone to court for certain crimes done overseas"

Part 8Offences
Offences

55HExtraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G

  1. Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against section 55D, 55E, 55F, or 55G—

  2. if the person to be charged—
    1. is a New Zealand citizen; or
      1. is ordinarily resident in New Zealand; or
        1. has been found in New Zealand and has not been extradited; or
          1. is an entity incorporated or registered under the law of New Zealand; or
          2. if any of the acts or omissions are alleged to have occurred on board—
            1. a ship registered, or required to be registered, under the Ship Registration Act 1992; or
              1. a ship used as a ship of the New Zealand Defence Force; or
                1. an aircraft registered, or required to be registered, in New Zealand under the Civil Aviation Act 1990; or
                  1. an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or
                    1. an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand.

                    2. The following sections do not apply to an offence against section 55D, 55E, 55F, or 55G:

                    3. section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):
                      1. section 400 of the Crimes Act 1961 (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft).

                        1. Nothing in this section limits—

                        2. the application of section 55D, 55E, 55F, or 55G to acts or omissions that occurred wholly in New Zealand; or
                          1. the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—
                            1. an act or omission forming part of an offence; or
                              1. an event necessary to the completion of an offence; or
                              2. the application of section 8A of the Crimes Act 1961.

                                Notes
                                • Section 55H: inserted, on , by section 83 of the Arms Legislation Act 2020 (2020 No 23).