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Arms Act 1983

Miscellaneous provisions - Medical assessments

92: Health practitioners may give Police medical reports of persons unfit to use firearm

You could also call this:

"Doctors can tell Police if someone is not fit to use a gun"

Illustration for Arms Act 1983

You can be a firearms licence holder if you are fit to use a firearm. A health practitioner can tell the Police if they think you are not fit to use a firearm. They must tell the Police why they think this and if they believe you might harm yourself or others. You might need to have another medical check by a different health practitioner if the Police ask for it. You will have to either have the check or give up your firearms licence under section 27(1). If a health practitioner tells the Police about your fitness to use a firearm, they will not get in trouble as long as they are telling the truth. The Police might also follow rules made under section 74(1)(jb) when dealing with this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS440519.

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Crime and justice > Police and safetyHealth and wellbeing > Public healthHealth and wellbeing > Healthcare services
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Part 9Miscellaneous provisions
Medical assessments

92Health practitioners may give Police medical reports of persons unfit to use firearm

  1. This section applies if a health practitioner who has attended or been consulted in respect of a person who the practitioner knows or has reason to believe is a firearms licence holder considers that the health condition of the licence holder is such that, in the interests of the safety of individuals or the public, the licence holder—

  2. should not be permitted to use or possess a firearm; or
    1. should only be permitted to use or possess a firearm subject to any limitations that may be warranted by the health condition of the licence holder.

      1. If this section applies, the health practitioner must consider notifying the Police as soon as practicable—

      2. of the opinion under subsection (1); and
        1. the grounds on which it is based; and
          1. whether the practitioner believes the licence holder poses an immediate or imminent danger of self-harm or harm to others.

            1. If the Police have been notified by a health practitioner under subsection (2), the Commissioner may require a licence holder to undergo a further medical assessment by a health practitioner who is independent from the practitioner who made the initial assessment and, in that case, the licence holder must either—

            2. undergo the further assessment; or
              1. surrender their licence under section 27(1).

                1. Regulations made under section 74(1)(jb) (if any) apply in relation to any notice given for the purpose of this section and to any action required under subsection (3).

                2. A health practitioner is not liable to criminal, civil, or disciplinary proceedings by disclosing personal information in the course of performing any function or responsibility under this section, as long as the practitioner acts in good faith.

                Notes
                • Section 92: inserted, on , by section 104 of the Arms Legislation Act 2020 (2020 No 23).