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Arms Bill

Miscellaneous provisions - Seizure of arms items

336: Seizure of items held by licensed business

You could also call this:

"Police can take arms items from licensed businesses if their licence is no longer valid"

Illustration for Arms Bill

If you have a business with a licence to hold arms items, imitation firearms, ammunition, or explosives, a Police officer can take these items from you. This can happen if the Police get a special warrant from the Commissioner. The Commissioner can issue this warrant if your licence has expired or been surrendered, suspended, or revoked. If the Police get a warrant, they can enter your land or building to take the items. They can use force if necessary to do this. When the Police take the items, they must follow some rules. You have the right to see the warrant when they first enter and at any other time you ask. If the Police officer is not in uniform, they must also show you proof that they are a Police officer. The Police can keep the items they take for as long as the Commissioner decides. The Minister can also decide that the items become the property of the government. If this happens, the government will pay you compensation for the items. The Minister of Finance will pay the compensation from a government bank account. This will be for the arms items, ammunition, and explosives that have become government property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534089.

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Part 8Miscellaneous provisions
Seizure of arms items

336Seizure of items held by licensed business

  1. Any member of the Police may, on being authorised to do so by a warrant issued by the Commissioner, seize and take possession of all or any arms items, imitation firearms, ammunition, and explosives in the possession of or under the control of a licensed business.

  2. The Commissioner may issue a warrant for the purposes of subsection (1) if the licence of the person in possession of the arms items, imitation firearms, ammunition, or explosives expires, or has been surrendered, suspended, or revoked.

  3. For the purpose of executing a warrant issued under subsection (1), the member of the Police authorised by that warrant may enter into or upon any land or building in or upon which any arms items, imitation firearms, ammunition, and explosives may be, and in so doing may use such force as may be necessary.

  4. It is the duty of a member of the Police executing a warrant issued under subsection (1)

  5. to have it with them; and
    1. to produce it on initial entry and, if requested, at any subsequent time; and
      1. if they are not in uniform, to produce on initial entry and, if requested, at any subsequent time, evidence that they are a member of the Police.
        1. Subject to section 163, all arms items, imitation firearms, ammunition, and explosives seized under this section may be detained by the Police for such period as the Commissioner thinks fit, or may, in the discretion of the responsible Minister, become the property of the Crown, free and discharged from all right, title, estate, or interest that any other person may possess in the arms items, imitation firearms, ammunition, and explosives.

        2. The Minister of Finance must pay out of a Crown Bank Account compensation in respect of all arms items, ammunition, and explosives seized under this section that have become the property of the Crown.