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Arms Bill

Licences and approvals - Visitor licences - Applying for visitor licence

123: Fit and proper persons to hold visitor licence

You could also call this:

"Who can get a visitor licence to have firearms?"

Illustration for Arms Bill

The chief executive will decide if you are a fit and proper person to hold a visitor licence. They will check if you have been charged with or convicted of certain offences, like violence or drug-related crimes. They will also check if you have any orders made against you, like a protection order. The chief executive will look at your history to see if you are a fit and proper person. They will check if you have engaged in bad behaviour, like not following the rules of your previous licence. They will also check if you have any health issues that might affect your ability to safely possess firearms. The chief executive can look at any information they think is relevant to decide if you are a fit and proper person. They must tell you if they find any information that might be bad for your application, and give you a chance to respond. The chief executive will use certain criteria to decide if you are a fit and proper person, like whether you have a good understanding of firearm safety. You must not have certain convictions or orders against you to be considered a fit and proper person. The chief executive will consider many factors when deciding if you can hold a visitor licence. They want to make sure you can safely possess firearms.

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 It might be out of date or be missing some parts.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=LMS1533737.

This page was last updated on — View changes

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122: Persons disqualified from holding visitor licence, or

"Who can't get a visitor licence to have guns"

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124: Issue of visitor licence, or

"Getting a special licence to have guns when visiting New Zealand"

Part 3Licences and approvals
Visitor licences: Applying for visitor licence

123Fit and proper persons to hold visitor licence

  1. The chief executive may find that a person is a fit and proper person to hold a visitor licence if the chief executive is satisfied that the person is not a person who—

  2. is charged with or has been convicted of an offence that is punishable by a term of imprisonment (including, but not limited to, an offence involving violence, drugs, or alcohol); or
    1. is charged with or has been convicted of an offence under this Act; or
      1. is charged with or has been convicted of an offence against—
        1. section 231A of the Crimes Act 1961; or
          1. the Game Animal Council Act 2013; or
            1. the Wildlife Act 1953; or
              1. the Wild Animal Control Act 1977; or
              2. has, or has had at any time, a firearms prohibition order made against them; or
                1. has, or has had at any time, a temporary protection order made against them under—
                  1. section 79 of the Family Violence Act 2018; or
                    1. section 14 of the Domestic Violence Act 1995; or
                    2. has inflicted, or is inflicting, family violence against another person and that other person has grounds under the Family Violence Act 2018 to apply for a protection order in respect of that violence; or
                      1. has, or has had at any time, a restraining order made against them under the Harassment Act 1997; or
                        1. overseas,—
                          1. has been charged with or convicted of an offence equivalent to the offences referred to in paragraphs (a), (b), and (c):
                            1. has had an order made against them equivalent to the orders referred to in paragraphs (d) and (e):
                              1. has been, or is, the respondent in proceedings brought against them for an order of the kind referred to in paragraphs (f) and (g); or
                              2. has engaged in any conduct involving non-compliance with any requirements of—
                                1. this Act; or
                                  1. any regulations; or
                                    1. any conditions to which a licence, endorsement, or permit previously issued to the person under this Act was subject; or
                                    2. shows, or has recently shown, symptoms of a mental or physical illness or injury that may adversely affect their ability to safely possess firearms; or
                                      1. abuses alcohol, or is dependent on alcohol, to an extent that affects detrimentally their judgement or behaviour; or
                                        1. uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour; or
                                          1. is a member of an organised criminal group; or
                                            1. has close affiliations with a gang or an organised criminal group; or
                                              1. has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism; or
                                                1. has been assessed as a risk to the national security of New Zealand or another State; or
                                                  1. meets any other prescribed criteria for finding that a person is not a fit and proper person to hold a firearms licence.

                                                    1. In determining whether, for the purposes of this Act, a person is a fit and proper person to hold a visitor licence, the chief executive may take into account—

                                                    2. whether the person—
                                                      1. has a sound knowledge of the safe possession and use of standard firearms or pistols:
                                                        1. understands the legal obligations of a holder of a firearms licence, including the endorsements that may be made on a firearms licence; and
                                                        2. any other prescribed criteria for finding that a person is a fit and proper person to hold a firearms licence; and
                                                          1. any other matters the chief executive considers relevant.

                                                            1. The chief executive may, for the purpose of determining whether a person is a fit and proper person to be issued with a visitor licence,—

                                                            2. seek and receive any information that the chief executive thinks appropriate; and
                                                              1. consider information obtained from any source.

                                                                1. If the chief executive proposes to take into account any information that is or may be prejudicial to an applicant’s application, the chief executive must, subject to section 126, disclose that information to the applicant and give the applicant a reasonable opportunity to refute or comment on it.

                                                                2. In this section, family violence has the meaning given in section 9 of the Family Violence Act 2018.