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Arms Bill

Preliminary provisions - Application

13: Act binds the Crown

You could also call this:

"The government must follow this law about arms, but there are some exceptions."

This proposed law affects the Crown. The Crown is the government. You need to know this law applies to the Crown. It has some exceptions. This law does not make it unlawful for certain people to carry or possess arms items. These people include members of the New Zealand Defence Force and the Police. They must be doing their jobs. The law also does not make it unlawful for the Crown to import or manufacture arms items. It does not make it unlawful for the Crown to sell or supply arms items either. There are some rules for visiting law enforcement officers from other countries. Some requirements of this law do not apply to items owned by the Crown. These requirements include notifying or reporting events to the chief executive or the Police. They also include marking firearms or providing particulars to the chief executive. There are special rules for undercover Police officers. They are protected from prosecution for certain offences. A certificate from the Commissioner can prove an officer was working undercover. The Crown must follow this law, but there are some exceptions. You should understand these exceptions. They are part of the proposed law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533543.

This page was last updated on 8 December 2025 — View changes

Topics:

Crime and justice > Police and safetyGovernment and voting > Government departments

12: Transitional, savings, and related provisions, or

"Special rules when the new law starts"

14: Requirement for possession of standard firearm, or

"You need a licence to own a standard firearm"

Part 1Preliminary provisions
Application

13Act binds the Crown

This Act binds the Crown.
However, subsection (1) is subject to subsections (3) and (4).
Nothing in this Act renders unlawful the carriage or possession of arms items, ammunition, or explosives—
by any person in the course of that person’s duties as—
1. a member of the New Zealand Defence Force or a member of the cadet forces; or
2. a person authorised by the Commissioner or the Chief of Defence Force to provide training to members of their respective organisations referred to in this paragraph in the use of any arms item, ammunition, or explosive; or
3. a civilian employee of the Ministry of Defence, so long as the person carries or possesses any firearms or other items regulated by or under this Act under the direct supervision of a member of the New Zealand Defence Force; or
4. a member of a visiting force under the Visiting Forces Act 2004; or
5. a person employed or engaged by the Police; or
6. an armourer employed or engaged by the Arms Regulator; or
7. an officer of the Arms Regulator; or
8. a person employed by the Police to provide firearms training to constables; or
9. a person employed by the Arms Regulator to provide firearms training to officers of the Arms Regulator; or
10. an enforcement officer as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996; or
11. a Customs officer; or
12. a person working in any forensic laboratory or facility that provides forensic services to the Police; or
13. an in-flight security officer or a foreign in-flight security officer:
by a member of the New Zealand Defence Force or a member of the Police in the course of exercising any power or performing any function under the Customs and Excise Act 2018:
by a member of the New Zealand Defence Force or a member of the Police who is an enforcement officer as defined in section 4(1) of the Maritime Powers Act 2022 in the course of exercising any power or performing any function under that Act:
by any other person authorised by regulations to carry or possess arms items, ammunition, or explosives belonging to the Crown.

Nothing in this Act makes unlawful—
the importation by the Crown of arms items, ammunition, or explosives; or
the importation or possession by any agent of the Crown of arms items, ammunition, or explosives imported on behalf of the Crown, so long as the importation or possession is within the scope of the agent’s written authority; or
the manufacture by the Crown, or on behalf of the Crown by any agent of the Crown, of any arms items, ammunition, or explosives, so long as any assembly or manufacture by an agent is within the scope of the agent’s written authority; or
the sale or supply of arms items, ammunition, or explosives to or by the Crown, or to or by an agent of the Crown (excluding an undercover officer); or
the entering into a contract or an arrangement, or the arriving at an understanding, with the Crown, or with an agent of the Crown (excluding an undercover officer) for the sale or supply of arms items, ammunition, or explosives.

Nothing in this Act makes it unlawful for any person who is a visiting law enforcement officer from another country to do any of the following, if authorised by the chief executive:
import into New Zealand any firearm or other item regulated by or under this Act; or
carry or possess while in New Zealand any firearm or other item regulated by or under this Act.

The following requirements of this Act do not apply in relation to any item regulated by or under this Act that is owned by the Crown, except to the extent provided by regulations:
any requirement to notify or report any event or circumstance to the chief executive or the Police:
any requirement to mark any firearm or other item with an identifying marking:
any requirement to provide any particulars to the chief executive for inclusion in the registry:
any requirement to record any particulars, whether in the registry or elsewhere.

Except with the leave of the Attorney-General, no prosecution for any of the following may be commenced or continued against any member of the Police in respect of any act they do in good faith at a time or during a period when they are acting as an undercover officer:
an offence against this Act; or
an offence of conspiring to commit any offence against this Act; or
an offence of attempting to commit any offence against this Act.

In this section, undercover officer—
means a member of the Police whose identity is for the time being concealed for the purpose of a particular investigation of a suspected offence against this Act; and
includes any other member of the Police who is for the time being directing or assisting that member of the Police in the course of that investigation.

A certificate signed by the Commissioner to the effect that, at any specified time or during any specified period, the constable named in the certificate was acting as an undercover officer is, for the purposes of subsection (7), conclusive evidence of that fact.