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Arms Bill

Miscellaneous provisions - Delivery or surrender of arms items and ammunition

335: Surrender of items declared restricted, etc

You could also call this:

"What to do if the government bans an item you own"

Illustration for Arms Bill

If the government makes a new rule about certain items, you might have to give them up. This could happen if the government decides that some firearms, magazines, ammunition, or weapons are restricted. You would have one month to get rid of the item. You can destroy the item, give it to someone the government approves, send it out of New Zealand, or give it to an officer of the Arms Regulator. The government will pay you for the item if it is in good condition and you give it to an officer. But you will only get paid if you got the item legally and brought it into New Zealand legally, if that applies. You won't get in trouble for having the restricted item during the one-month period. This is because the government is giving you time to get rid of it. You just need to follow the rules and get rid of the item within the time limit.

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 It might be out of date or be missing some parts.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=LMS1534087.

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Topics:
Crime and justice > Police and safetyGovernment and voting > Government departments
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334: Powers to require surrender of airguns or antique firearms, or

"When to hand over airguns or old firearms without a licence"

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336: Seizure of items held by licensed business, or

"Police can take arms items from licensed businesses if their licence is no longer valid"

Part 8Miscellaneous provisions
Delivery or surrender of arms items and ammunition

335Surrender of items declared restricted, etc

  1. This section applies if an Order in Council is made under section 363 or 364 declaring, for the purposes of this Act,—

  2. any firearm to be a restricted firearm:
    1. any magazine to be a restricted magazine:
      1. any ammunition to be restricted ammunition:
        1. any weapon to be a restricted weapon:
          1. any airgun to be a high-energy airgun.

            1. Before the expiry of 1 month after the publication under the Legislation Act 2019 of the Order in Council (the post-publication period), a person in possession of any item the subject of the Order in Council, or any part intended or adapted for use as part of any such item, must cause the item or part—

            2. to be destroyed; or
              1. to be disposed of to a person approved by the chief executive; or
                1. to be exported from New Zealand; or
                  1. to be delivered to an officer of the Arms Regulator.

                    1. The Minister of Finance must, subject to subsection (4), pay compensation out of a Crown Bank Account for the value of all items in a serviceable condition, and for all parts, delivered in accordance with subsection (2)(d).

                    2. Compensation may not be paid under subsection (3) unless the Minister of Finance is satisfied—

                    3. that the person claiming compensation has acquired the item or part lawfully; and
                      1. if the person has brought the item or part into New Zealand, that they have done so lawfully.

                        1. The person does not commit an offence under section 20, 31, 34, or 37 for the possession of the restricted weapon, restricted firearm, restricted magazine, restricted ammunition, restricted weapon, high-energy airgun, or any part of such items, during the post-publication period.