Fairer, fit-for-purpose Arms Act to improve public safety

Cabinet has agreed to repeal and replace the Arms Act 1983 with a new law that's fairer, fit for purpose, and improves the safety of New Zealanders, Associate Justice Minister Nicole McKee announced today.

"The new Arms Act will improve public safety by keeping firearms out of criminals' hands, while making compliance easier for licenced firearm owners (LFOs) through sensible changes that reduce regulatory burdens," says Mrs McKee.

"The current law has been modified dozens of times since it came into force over 40 years ago with many of those changes being rushed through with little to no scrutiny. The result is a complex, confusing and bureaucratic patchwork that makes it difficult for LFOs to comply while not adequately keeping the public safe.

"The new law will be written in plain English, structured logically and with public safety at its core. It makes it much more difficult for firearms to get into the hands of criminals while allowing LFOs to continue to use their firearms safely and responsibly.

"We've already cracked down on gangs and organised criminals by widening the qualifying criteria for courts to make Firearms Prohibition Orders. The new law will go further by making gang membership an automatic disqualifying factor for holding a firearms licence.

"A statutory 'red flag' system is being established, with clarified information sharing so Police and other agencies can continue to signal to the firearms regulator when they have relevant intel that might trigger a review of whether a LFO remains a fit and proper person.

"Penalties for over 60 Arms Act offences will be increased, and eight new offences will be created - including new offences to reduce firearms entering the black market such as for straw buying and possessing a firearm with identification markings intentionally removed.

"The new Act will also plug gaps in the law to address new and emerging technologies such as the illegal manufacture of 3D printed firearms and parts, and possession of digital files without a licence.

"Criminals are on notice that if they break the law, they can expect harsher penalties with increased fines and longer prison sentences."

LFOs will also benefit with simpler rules that make it easier for them to use and store their firearms safely.

"One particular issue that has been raised with me is the ambiguity around secure storage requirements. In practice, the current rules are interpreted as requiring firearms and ammunition to be stored at an LFO's primary residence, but sometimes that is not the most appropriate or secure place," says Mrs McKee.

"The changes will clarify that secure storage can be at any premises approved by the regulator. This will mean that people in university halls, renters, or those living with someone with a mental health concern can more safely and securely store their firearms at another more suitable location.

"The new Act will also include practical changes to ensure LFOs can continue to safely enjoy, and benefit from, the responsible use of firearms.

"To rebuild the trust of law-abiding LFOs the firearms regulator, currently the Firearms Safety Authority, must be reformed to ensure it operates openly and transparently.

"A new regulator will be established, headed by an independent Chief Executive appointed by the Governor-General. The Chief Executive will report solely to the responsible Minister, with the Ministry of Justice providing oversight and monitoring.

"Rebuilding trust also requires there to be a clearer separation of information held by the firearms regulator and information held by the Police. To that end, sworn officers will not be able to serve as either the Chief Executive or be directly employed by the regulator.

"However, police officers will still have access to the essential information they need to enforce the law. They will still be able to check whether a person they're dealing with holds a firearms licence or if firearms are stored at a specific address.

"The changes will also replace the current internal review process with a new Firearms Licencing Review Committee. This will address perceptions among some members of the community that the current internal review process is not sufficiently independent.

"This is essential for ensuring there is trust in the licencing system, improving compliance, and ensuring applicants or LFOs renewing their licence are treated fairly, without needing to go to court."

This new Arms Act will deliver on the ACT-National coalition commitment to 'rewrite the Arms Act 1983 to provide for greater protection of public safety and simplify regulatory requirements to improve compliance and pass it through all stages during this term of Parliament.'

"LFOs have been unfairly scapegoated for the actions of criminals for too long. This law focuses instead on fixing what matters, actually making people safer with a fair system that works for all New Zealanders," says Mrs McKee.

The Bill will go through a full six-month select committee process where all New Zealanders will have the opportunity to have their say.

Note to editors:

• Attached is an outline of major changes in the new Arms Bill. It sets out the current law, what's changing, and the rationale behind each change.