5Interpretation

1. In this Act, unless the context otherwise requires,—

   air pistol carbine conversion kit—

   1. means a frame or kit that can be used to convert an air pistol that is designed or adapted to be held and fired with 1 hand into an airgun that may be fired from the shoulder; but
   2. does not include a pistol carbine conversion kit

   airgun—

   1. includes—
      1. any air rifle; and
      2. any air pistol; and
      3. anything from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged; but
   2. excludes—
      1. an exempt airgun; and
      2. a high-energy airgun

   ammunition—

   1. means material that can be fired, discharged, projected, or detonated from a firearm that has all of the following components:
      1. a projectile (for example, bullets, shots, and missiles); and
      2. a propellant (for example, smokeless powder); and
      3. a casing (for example, a cartridge case); and
      4. a primer (for example, boxer primer); but
   2. excludes restricted ammunition

   animal and biosecurity controller has the meaning given in section 7

   antique firearm—

   1. means—
      1. any firearm or pistol that—
         1. is held in the possession of any person solely as an antique (but not as a copy or replica of an antique); and
         2. is not designed for firing, and is not capable of firing, rimfire or centrefire cartridge ammunition; or
      2. any firearm or pistol declared by regulations to be an antique firearm for the purposes of this Act; but
   2. does not include any firearm or pistol manufactured after 1899

   approved ammunition seller means a person approved by the chief executive under section 172 to sell or supply ammunition

   arms item—

   1. means an item of any of the following classes:
      1. standard firearms:
      2. restricted firearms:
      3. pistols:
      4. restricted weapons:
      5. airguns:
      6. restricted airguns:
      7. blank-firing guns:
      8. standard magazines:
      9. restricted magazines:
      10. large-capacity pistol magazines:
      11. pistol carbine conversion kits:
      12. non-restricted parts:
      13. restricted parts:
      14. major firearm parts; but
   2. excludes—
      1. imitation firearms:
      2. permanently deactivated firearms:
      3. ammunition

   arms registry or registry means the registry kept and operated under section 347

   Arms Regulator means the Arms Regulator established under section 300

   blank-firing gun—

   1. means anything that—
      1. has the shape of a firearm or restricted weapon, or otherwise resembles a firearm or restricted weapon; and
      2. is capable of firing blank cartridges, but incapable of discharging any shot, bullet, missile, or other projectile; and
   2. includes a starting pistol that fires a blank cartridge (but not caps); but
   3. excludes an exempt blank-firing gun

   business activity means any activity of a kind specified in section 6

   business licence means a business licence issued under section 84

   chief executive means the chief executive of the Arms Regulator appointed under section 302

   Commissioner means the Commissioner of Police

   curator licence means a curator licence issued under section 101

   Customs officer has the meaning given in section 5(1) of the Customs and Excise Act 2018

   endorsement means an endorsement made on a firearms licence, business licence, curator licence, or visitor licence under section 185

   exempt airgun means an airgun, or any kind of airgun, exempted by regulations from being an airgun for the purposes of this Act

   exempt-blank firing gun means a blank-firing gun, or any kind of blank-firing gun, exempted by regulations from being a blank-firing gun for the purposes of this Act

   exempt standard firearm means a firearm, or any kind of firearm, exempted by regulations from being a standard firearm for the purposes of this Act

   explosive—

   1. means any substance or mixture or combination of substances that in its normal state is capable of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and
   2. without limiting paragraph (a), includes gunpowder, nitroglycerine, dynamite, guncotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
   3. without limiting paragraph (a) or (b), includes any device, contrivance, or article that uses any substance or mixture or combination of substances to which paragraph (a) or (b) applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect, but does not include a firearm; and
   4. does not include any firework as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996

   fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest

   firearm—

   1. means anything from which any projectile can be fired, discharged, projected, or detonated by force of explosive; and
   2. includes—
      1. anything that has been adapted so that it can be used to fire, discharge, project, or detonate any projectile by force of explosive; and
      2. anything that is not for the time being capable of firing, discharging, projecting, or detonating any projectile but that, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and
      3. anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) that is for the time being dismantled or partially dismantled; and
      4. any high-energy airgun; but
   3. excludes—
      1. an antique firearm:
      2. an exempt firearm:
      3. a permanently deactivated firearm

   firearms licence means a firearms licence issued under section 70

   Firearms Licensing Review Committee or Review Committee means the Firearms Licensing Review Committee established by section 313

   firearms prohibition order or FPO means an order made against a person by a court under section 289

   foreign in-flight security officer has the meaning given to it by section 5 of the Civil Aviation Act 2023

   gang has the meaning given to it by section 4 of the Gangs Act 2024

   gang member has the meaning given to it by section 4 of the Gangs Act 2024

   health practitioner means a health practitioner registered with the Medical Council of New Zealand, a nurse practitioner registered with the Nursing Council of New Zealand, a psychologist registered with the New Zealand Psychologists Board, or a duly authorised officer under the Mental Health (Compulsory Assessment and Treatment) Act 1992

   high-energy airgun means any airgun declared by Order in Council made under section 362 to be a high-energy airgun

   identification marking, in relation to an item, means the marking of the item to identify it to the extent provided in, and in accordance with, any prescribed requirements

   imitation firearm means anything (including a permanently deactivated firearm) that has the appearance of a standard firearm, restricted firearm, pistol, or restricted weapon capable of firing, discharging, projecting, or detonating any projectile by force of explosive, whether or not it is capable of firing, discharging, projecting, or detonating any projectile by force of explosive

   import, in relation to any item, means—

   1. to bring the item, or cause the item to be brought, into New Zealand; or
   2. to send the item, or cause the item to be sent, to New Zealand

   in-flight security officer has the meaning given to it by section 5 of the Civil Aviation Act 2023

   large-capacity pistol magazine—

   1. means a magazine that—
      1. is for a pistol; and
      2. has a capacity of more than 10 rounds; but
   2. excludes a restricted magazine

   licence means—

   1. a firearms licence:
   2. a business licence:
   3. a curator licence:
   4. a museum worker licence:
   5. a visitor licence

   licensed business means a person described in section 57(2)

   licensed curator means a curator who has been issued with a curator licence

   licensed museum worker means a museum worker who has been issued with a museum worker licence

   major firearm part, in relation to a standard firearm, restricted firearm, pistol, and restricted weapon, means—

   1. the action of the firearm, comprising any of the following:
      1. the frame:
      2. the receiver:
      3. the upper receiver:
      4. the lower receiver:
   2. the frame of a pistol:
   3. a calibre conversion component or kit of a pistol

   manufacture, in relation to an arms item,—

   1. includes—
      1. assembling the arms item from parts:
      2. modifying, converting, or otherwise altering the function of the arms item; but
   2. does not include—
      1. disassembling or reassembling an arms item for the purposes of cleaning, maintenance, or repair:
      2. replacing a part of an arms item with an equivalent part

   multi-user agreement means an agreement in force between the Arms Regulator and an animal and biosecurity controller within the meaning of that term in section 7(1)(a), (b), or (c) that provides for 1 or more specified restricted firearms and 1 or more specified restricted magazines to be shared between employees of the animal and biosecurity controller without a permit to possess being required on each occasion that possession of a restricted firearm or restricted magazine changes between the employees

   museum means a bona fide museum

   museum worker licence means a museum worker licence issued under section 112

   non-pistol shooting club has the meaning given in section 208

   non-pistol shooting range has the meaning given in section 208

   non-restricted part means a part of a standard firearm or pistol, and includes a major firearm part of a standard firearm or pistol

   officer of the Arms Regulator—

   1. means an employee of the New Zealand Police who performs functions or duties or exercises powers of the Arms Regulator under delegated authority of the chief executive (see section 306); and
   2. includes the chief executive

   organised criminal group has the meaning given to it by section 98A of the Crimes Act 1961

   part, in relation to any standard firearm, restricted firearm, blank-firing gun, pistol, or restricted weapon,—

   1. means—
      1. any component that, of itself, is essential to the discharge of any ammunition or other material from the standard firearm, restricted firearm, pistol, or restricted weapon; and
      2. any component that is exclusively designed to be, or is intended to be, an integral part of the standard firearm, restricted firearm, blank-firing gun, pistol, or restricted weapon (for example, a butt, stock, or component that feeds or contributes to feeding ammunition to the standard firearm, restricted firearm, pistol, or restricted weapon); and
   2. includes the following components or accessories that can be fitted to, or adapted to fit, a standard firearm, restricted firearm, blank-firing gun, pistol, or restricted weapon:
      1. grips:
      2. chassis systems:
      3. magazine adapters:
      4. magazine couplers:
      5. magazine loaders:
      6. flash suppressors:
      7. silencers; but
   3. does not include the following:
      1. magazines:
      2. pistol carbine conversion kits:
      3. air pistol carbine conversion kits

   permanently deactivated firearm means an item that was formerly a standard firearm, pistol, or restricted firearm but that is no longer a standard firearm, pistol, or restricted firearm because it has been modified—

   1. in accordance with prescribed requirements; and
   2. to the extent that it is rendered permanently incapable of firing, discharging, projecting, or detonating by force of explosive any projectile

   permit to import means,—

   1. in relation to any item that is not a pistol carbine conversion kit or air pistol carbine conversion kit, a permit issued under section 193:
   2. in relation to a pistol carbine conversion kit, a permit issued under section 194:
   3. in relation to an air pistol carbine conversion kit, a permit issued under section 195

   permit to possess means,—

   1. in relation to a pistol or restricted weapon, a permit issued under section 205:
   2. in relation to a pistol carbine conversion kit, a permit issued under section 206:
   3. in relation to a restricted firearm or restricted magazine, a permit issued under section 207

   pistol means a firearm that is designed or adapted to be held and fired with 1 hand, and includes any firearm that is less than 762 millimetres in length

   pistol carbine conversion kit—

   1. means a frame or kit that can be used to convert a pistol (not being an air pistol) that is designed or adapted to be held and fired with 1 hand and that has an overall length of no more than 400 millimetres into a firearm that may be fired from the shoulder; and
   2. includes a frame or kit described in paragraph (a) that is also capable of being used as an air pistol carbine conversion kit

   pistol shooting club has the meaning given in section 208

   pistol shooting range has the meaning given in section 208

   Police means the part of the New Zealand Police that is not the Arms Regulator

   possess, in relation to any thing, means—

   1. having actual possession of the thing:
   2. having the custody or control of the thing, whether directly or remotely:
   3. having access to the thing in a place, whether alone or with others:
   4. occupying, or having the care, control, or management of, a place where the thing is found

   public place has the meaning given to it by section 2 of the Summary Offences Act 1981

   range operator has the meaning given in section 208

   regulations means regulations made under section 362

   responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

   restricted airgun has the meaning given in section 8

   restricted ammunition means any ammunition declared by Order in Council made under section 362 to be restricted ammunition for the purposes of this Act

   restricted firearm has the meaning given in section 9

   restricted item means all or any of the following:

   1. a restricted firearm:
   2. a restricted magazine:
   3. a restricted part

   restricted magazine has the meaning given in section 10

   restricted part—

   1. means—
      1. a part of a restricted firearm, excluding the action (that is, the frame, receiver, upper receiver, or lower receiver) of a restricted firearm:
      2. a component that can be applied to enable, or take significant steps towards enabling, a standard firearm to be converted to a restricted firearm; but
   2. excludes a part of a restricted weapon

   restricted weapon has the meaning given in section 11

   sale includes—

   1. barter; and
   2. offering or attempting to sell, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and to sell has a corresponding meaning

   semi-automatic firearm means a standard firearm, restricted firearm, or pistol that (if it is loaded), with each pull of the trigger,—

   1. fires a cartridge and ejects its case; and
   2. unless all cartridges loaded have been fired, chambers another cartridge

   semi-automatic pistol means a pistol that when loaded, with each pull of the trigger,—

   1. fires a cartridge and ejects the cartridge case; and
   2. unless all loaded cartridges have been fired, automatically loads another cartridge in the firearm’s chamber

   senior manager, in relation to a body corporate, means a person who occupies a position that allows the person to exercise significant influence over the management or administration of the body corporate (for example, a chief executive of a body corporate)

   shooting club means a pistol shooting club or non-pistol shooting club

   shooting range means a pistol shooting range or a non-pistol shooting range

   small semi-automatic pistol means a semi-automatic pistol that—

   1. has an overall length of 400 millimetres or less, excluding any silencer, pistol carbine conversion kit, or other muzzle-fitting attachment; and
   2. has a barrel length of 101 millimetres or more; and
   3. is capable of firing specified ammunition only at a muzzle velocity of 1,600 feet per second or less; and
   4. is suitable for shooting on a pistol shooting range

   specified ammunition means ammunition of a type specified in the rules of the pistol target shooting disciplines that are administered by the national pistol target shooting controlling body known as Pistol New Zealand Incorporated and that are conducted on ranges approved by the chief executive

   standard firearm means a firearm that is not any of the following:

   1. an exempt standard firearm:
   2. a restricted firearm:
   3. a pistol:
   4. a restricted weapon

   standard magazine means a magazine of a standard firearm or pistol that is not—

   1. a restricted magazine:
   2. a large-capacity pistol magazine

   theatrical armourer means a person who holds a firearms licence or business licence that bears a current endorsement allowing them to possess, use, or supervise the use of any of the following items in making a broadcast or in theatrical, cinematic, television film, or video recording productions:

   1. standard firearms:
   2. restricted firearms:
   3. pistols:
   4. restricted magazines:
   5. restricted weapons

   visitor means a visitor to New Zealand who intends to be in New Zealand for less than 1 year

   visitor licence means a visitor licence issued under section 124.