Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Arms Bill

Preliminary provisions - Interpretation

6: Meaning of business activity

You could also call this:

"What is a business activity with arms items?"

Illustration for Arms Bill

In this proposed law, a business activity refers to certain actions involving arms items. You will be considered to be in a business activity if you sell, hire, lend, or supply arms items, or if you repair or modify them. You will also be considered to be in a business activity if you manufacture arms items for sale or supply. If you possess arms items for an auction, or if you manufacture restricted parts for permitted supply as defined in section 82(4), you will also be considered to be in a business activity. However, some activities are not considered business activities, such as commercial hunting guide services provided by a licensed person who supplies no more than 6 firearms to clients. You are also not considered to be in a business activity if you sell, hire, lend, or supply firearms as a member of a shooting club, as long as you follow certain rules. To be considered in the business of carrying on certain activities, you must hold out that you are in the business and carry on the activity for gain or reward. This means you must show that you are in the business, for example by using a trading name, and you must do the activity to make money. You can find more information about permitted supply in section 82(4).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533527.

This page was last updated on — View changes

Topics:
Business > Industry rules
Previous

5: Interpretation, or

"What words in the Arms Bill mean"

Next

7: Meaning of animal and biosecurity controller, or

"Who is an animal and biosecurity controller?"

Part 1Preliminary provisions
Interpretation

6Meaning of business activity

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

  2. means any of the following:
    1. the business of selling, hiring, lending, or otherwise supplying a class of arms items:
      1. the business of repairing or modifying a class of arms items:
        1. the business of manufacturing for sale, hire, lending, or other supply a class of arms items:
          1. possessing, for the purposes of an auction, a class of arms items:
            1. manufacturing for the purposes of permitted supply (as defined in section 82(4)) restricted parts and using restricted items to test and demonstrate those restricted parts; but
            2. does not include—
              1. commercial hunting guide services that are provided by a person who holds a firearms licence and who, during the provision of those services, supplies no more than 6 firearms to 1 or more clients:
                1. selling, hiring, lending, or supplying firearms by a member of a shooting club if the member—
                  1. sells, hires, lends, or supplies firearms to a club member, or on club premises, with the approval of the management committee of the club or a majority vote of club members; and
                    1. uses the revenue from the sale, hire, lending, or supply of the firearms for the benefit of the club.

                  2. For the purposes of the business activities described in subsections (1)(a)(i), (ii), and (iii), a person is in the business of carrying on any of those activities if, in relation to the activity, the person—

                  3. holds out that they are in the business of carrying on the activity (for example, the person uses a trading name or operates under a business structure); and
                    1. carries on the activity for gain or reward.