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Arms Bill

Miscellaneous provisions - Medical assessments

361: Health practitioners may give chief executive medical reports of persons unfit to use firearm

You could also call this:

"Doctors and nurses can report people who are not well enough to safely use a gun"

Illustration for Arms Bill

If you are a doctor or a nurse, you might know someone who has a firearms licence. You can tell the chief executive if you think this person is not well enough to use a gun. You do this to keep people safe. You must tell the chief executive why you think this person is not well enough. You also tell them if you think this person might hurt themselves or others. If you tell the chief executive, they might ask this person to see another doctor. Then this person must see the other doctor or give up their firearms licence. If you tell the chief executive about someone, you will not get in trouble for sharing their personal information. This is as long as you are trying to do the right thing. The government can make rules about how all this works. These rules will apply when you tell the chief executive about someone or when this person must see another doctor.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534120.

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Topics:
Health and wellbeing > Public healthCrime and justice > Police and safety
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360: Publication of direct access agreements, or

"Government agencies must publish their direct access agreements online, except for secret information."

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362: Regulations, or

"Rules about Firearms and Gun Safety"

Part 8Miscellaneous provisions
Medical assessments

361Health practitioners may give chief executive medical reports of persons unfit to use firearm

  1. This section applies to a health practitioner who—

  2. has attended, or been consulted by, a person who the practitioner knows, or has reason to believe, is a firearms licence holder; and
    1. is of the opinion that the health condition of the person is such that, in the interests of the safety of individuals or the public, the person—
      1. should not be permitted to use or possess any arms item; or
        1. should only be permitted to use or possess arms items subject to limitations that may be warranted by the health condition of the licence holder.

        2. The health practitioner must consider notifying the chief executive as soon as practicable—

        3. of their opinion under subsection (1); and
          1. of the grounds on which their opinion is based; and
            1. whether the practitioner believes the licence holder poses an immediate or imminent danger of self-harm or harm to others.

              1. If the chief executive has been notified by a health practitioner under subsection (2) about a person, the chief executive may require the person to undergo a further medical assessment by another independent health practitioner and, in that case, the person must—

              2. undergo the further assessment; or
                1. surrender their licence under section 139.

                  1. Any regulations apply in relation to any notice given for the purpose of this section and to any action required under subsection (3).

                  2. A health practitioner is not liable to criminal, civil, or disciplinary proceedings by disclosing personal information in the course of performing any function or responsibility under this section, as long as the practitioner acts in good faith.