Arms Act 1983

Firearms prohibition orders

39: Interpretation

You could also call this:

"Understanding Important Words in the Law"

Illustration for Arms Act 1983

When you read about firearms prohibition orders, you need to understand some key terms. You will see words like "associate of a gang or an organised criminal group", which means someone who spends time with a gang or organised criminal group. You will also see "criminal activity", which means doing something that breaks the law. You will come across terms like "firearm or related item", which includes things like guns, pistols, and ammunition. The term "insignia" refers to signs or symbols that show someone belongs to a gang or organised criminal group, like a badge on clothing. This can also include things like cars with gang symbols on them. When you see "member of a gang or an organised criminal group", it includes people who are part of the gang, want to join, or show they belong by displaying the gang's symbols. It also includes people who help the gang with criminal activities. You might see the term "prospective member or nominee", which means someone who wants to join a gang but is not yet a full member. The law has been updated by the Firearms Prohibition Orders Legislation Amendment Act 2024.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS784848.

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38ZH: Publication of direct access agreements, or

"Agreements about access to information are published online for you to see."


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39A: When FPO may be made, or

"When you can be stopped from having a gun"

Part 7AFirearms prohibition orders

39Interpretation

  1. In this Part,—

    associate of a gang or an organised criminal group means an individual who associates with a gang or an organised criminal group

      criminal activity means an activity that constitutes the commission of an offence

        firearm or related item means any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, prohibited item, or ammunition

          insignia, in relation to a gang or an organised criminal group,—

          1. means a sign, symbol, or representation commonly displayed to denote membership of, or an affiliation with, a gang or an organised criminal group, not being a tattoo; and
            1. includes any item or thing to which a sign, symbol, or representation referred to in paragraph (a) is attached or affixed (for example, clothing or a vehicle)

              member of a gang or an organised criminal group includes the following:

              1. an individual who is a prospective member or nominee:
                1. an individual who demonstrates affiliation to a gang or an organised criminal group by displaying the gang’s or group’s insignia:
                  1. an individual who is involved in the affairs of a gang or an organised criminal group for the likely purpose of participating in a criminal activity

                    prospective member or nominee, in relation to a gang or an organised criminal group, means a person who is a member of the gang or the organised criminal group but who does not have full membership status.

                    Notes
                    • Section 39: replaced, on , by section 6 of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).