Advocacy Update: NZDA Submits on the Arms Act Rewrite Consultation

You can use some of the NZDA statements from below to get you started and email firearms@justice.govt.nz please make sure to use your own views and wording.

• Support for Reform: I fully support the proposed reform of New Zealand's firearms legislation and regulatory system, emphasising the need for practical, fair, and enduring laws. The primary objective of the Act should be to enable the use of firearms as legitimate in New Zealand while ensuring public safety with proportional measures that avoid overly stringent regulations.

• Support for Current Purposes: I support the current purposes and intent of the Arms Act but suggest improvements to better foster hunting, shooting sports, education, clubs and ranges, and the safe use of firearms. I propose adding a new paragraph to the Act to foster and support shooting sports and recreational use of firearms.

• Risk-Based Regulatory Approach: I support a regulatory framework that emphasises robust licencing of individuals over arbitrary restrictions on firearm products, ensuring that individuals granted access to firearms are suitable and educated in their safe handling and responsible use. 

• Fit and Proper Person Test: I support the fit and proper person test but have concerns about its current application, which must be refined to ensure it operates fairly and justly. The test should focus on relevant personal conduct, apply objective criteria, and ensure decisions are reviewable by an independent body at no cost to the applicant.

• Recognition of Legitimate Uses: The Act must acknowledge and support the legitimate use of firearms for hunting and sport shooting, which are essential for managing biodiversity and representing New Zealand in competitive shooting events.

• Educational Emphasis: Promoting firearm safety through education should be a cornerstone of the Act, with programs developed in collaboration with firearm users and NGOs, like NZDA Inc.

• Stakeholder Engagement: The Act should mandate continuous engagement with all stakeholders, ensuring that legislation reflects current practices and emerging needs.

• Mental Health Benefits: The Act should acknowledge the mental health benefits associated with recreational hunting and sport shooting, which provide opportunities for stress reduction and improved well-being.

• Tiered Licensing System: I support a tiered licensing system where access to firearms with certain mechanical functionalities, such as pistols, is subject to progressively rigorous vetting, but firearms are not inherently unsafe, and that focus must be on the user and storage and safe transport. The critical factor in maintaining public safety is ensuring that individuals granted access to firearms are both suitable and suitably educated in their safe handling and responsible use.

• Permanent Firearms Amnesty: I support a permanent, no-questions-asked amnesty that allows individuals to surrender firearms or associated products voluntarily without fear of prosecution.

• Compensation Scheme: I advocate for a standing legal obligation to provide fair compensation for surrendered or confiscated firearms and regulated items to encourage compliance.

• Modification Pathways: I support the introduction of clear legislative pathways that encourage the lawful modification of firearms to bring them within standard definitions, allowing continued legal ownership.

• Maintaining Licence Duration: I believe the current licensing durations are appropriate but suggest considering extending the duration for LFOs with a demonstrated history of compliance.

• Minimum Age Requirements: I support the current age minimum of 16 years to become an LFO and 18 to own an air rifle without being an LFO.

• Current Licensing Duration: The current licensing duration framework—five years for first-time licences and ten years for renewals—is generally sufficient for managing risks associated with firearm ownership. Consideration should be given to extending the duration of licences, especially for LFOs with a demonstrated history of compliance and no incidents.

• Tiered Licence Renewal System: Support for a tiered renewal approach based on risk assessment and compliance history, with longer durations for those with clean records.

• Role of FSA: Belief that the FSA’s core function should be ensuring licence holders follow the rules relating to firearms possession, with appropriate checking of security and storage. However, NGOs and community groups should be involved with training, including as part of licencing. 

• Role of Justice: I support policy and regulation setting being carried out by Justice, so that the rule maker and rule enforcer are not the same agency. 

• Cost Recovery: A fair portion of the cost associated with firearms regulation should be publicly funded, as the public benefits from responsible firearms use, including biodiversity protection, recreational hunting, and reduced risks from unlawful firearm possession. Users should contribute to costs, but cost recovery should not deter lawful compliance, which would ultimately undermine public safety. Section 81 should be amended to include explicit reference to the broader public benefit derived from firearms regulation.