New Zealand Deerstalkers' Association

Arms Amendment Bill (No. 3) Submission

01 June 2005

The Secretariat
Law and Order Select Committee
Parliament Buildings
Wellington

ARMS AMENDMENT BILL (No. 3) - NEW ZEALAND DEERSTALKERS' ASSOCIATION INCORPORATED SUBMISSION

Please find attached our Association's Submission to the above Bill.

About us:
NZDA was formed in 1938 to be the national association to promote the sport of deerstalking, and protect it from extermination calls from preservationists. It now has 55 branches, with a staff of three, and a head office in Wellington. It is still largely a volunteer organisation. It is the only national association promoting big game hunting in New Zealand. Besides promoting and advocating for deerstalking and other hunting activities, NZDA runs hunter training and safety programmes, and supports the right of New Zealanders to hunt, and opposes blanket use of poisons. It has some 6,000 members and affiliates; some 15% of the total number that hunt deer in New Zealand.

General comments:

1. The Bill comes across as a little unprofessional as a piece of legislation as there are several typo and spelling errors throughout the bill that need to be addressed.
2. Some items have been included in the bill to meet a UN Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their parts and components and Ammunition, when in actual fact they would be better placed in other acts, as they do not really pertain to firearms and/or firearm safety.
3. We would like to see all references to body armour removed from the bill as it does not have anything to do with firearms and/or firearm safety. We feel that there are other Acts that could cover body armour. There are also impacts on other sports that use body armour materials within their safety clothing, e.g. motorcycle racing.

NZDA would also like to see the following be considered:

1. That "Lawful, proper and sufficient purpose" defined within the Act.
2. New sections incorporated for - "attempting to procure the use of a firearm illegally" (By any unlawful means including dishonest or deceitful). And " The use of a firearm in the commission of a crime". This should be an offence "on its own" that attracts penalties that cannot be served concurrently with any other sentence.

The purchase of airguns - NZDA would like to see a 'point of sale' agreement issued at the time of the retail supply of all airguns.

Yours sincerely

Trevor Dyke
National President

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ARMS AMENDMENT BILL (No. 3)

The New Zealand Deerstalkers' Association submission makes comment on the following points within the Bill:

Part 1, 3. Interpretation
S.3 (1) "ammunition"
"ammunition means an article comprising -
"(a) a cartridge, fitted with a primer and containing an explosive; and
"(b) one or more projectiles contained wholly or partly within, or fitted to, the cartridge

Consider the interpretation to be incorrect given that 'ammunition' is usually accepted as being the definition of a quantity of "cartridges".

All dictionaries that we referred to describe ammunition in a plural term, not singular. (I.e a box of ammunition but a single cartridge.)

We also believe that plural definition is a recognised term internationally. Is there a possibility that the definition may differ from what is used in other existing acts such as the HASNO Act, Explosives Section?

"antique firearm"-
"(a) means a firearm manufactured before 1900 …

Alters the current definition, which allows an Order in Council to be declared to make modern firearms 'antique'.

"body armour"

There is no need for body armour to be associated with the Arms Act as it is not a firearm, or for that manner a weapon.

All references to body armour be removed from the act and placed in a more appropriate Act such as Customs.

It bears or has no relationship with firearms or firearm safety.

Perhaps the Customs Act would be a more appropriate place for this.

"ERMA import approval--
"police import permit--

Starts to make the Act cumbersome by referring to another Act. This goes against a comment made in the 'Thorp Report', 6.2.5, Clear and comprehensible law, pg 195-6, Recommendation 18.2. Plain English.

Believe that there should be an exemption for quantities of 5kgs or less as this amount is allowed to be carried as "luggage" by airlines internationally. Would show consistency and recognised in HSNO Act.

Would have an impact on teams traveling to international competitions and returning to NZ.

"missile" means-

Firearm owners are familiar with the term 'projectile' as being the bullet associated with a cartridge and fired from a firearm; and 'missile' as something like a SAM.

Closer consultation with knowledgeable groups would help with the definition alleviate these sorts of problems, (Also applicable to the 'ammunition' definition.)

S.3.2 Section 2 of the principal Act is amended by inserting in the definition of firearm, after subparagraph (iii), the following subparagraph: "(iiia) any airgun with a muzzle energy of more than 34 joules

We congratulate the government on this insertion.

S.3.3 Section 2 of the principal Act is amended by repealing paragraph (b) of the definition of part, and substituting the following paragraph:
(b) in relation to any other firearm, means an element specifically designed for firearms of its kind and essential to its operation (for example, its action, barrel blank. frame, receiver, bolt, or breech block)"

We would like to see a definitive list of such parts.

S.3.4 Section 2 of the principal Act is amended by repealing paragraph (b)(i) of the definition of sporting configuration, and substituting the following subparagraph:
"(i) in the case of a magazine designed to hold rimfire cartridges of a calibre of 0.22 inches or less, more than 15 cartridges; or".

Makes sense in regards to .22 rimfires.

4. New sections 3 and 3A substitute The Principal Act is amended by repealing section 3, and substituting the following sections:
S.3A "(2) Nothing in this Act makes unlawful the carriage, manufacture, modification, possession or repair of an item by a person in the course of or in his or her duties as- (a) - (g)

The ability of the persons listed to be able to possess and deal with an extensive range of weapons and ammunition without the requirements of a basic firearms licence.

At the very least it should be a requirement that such people should be required to pass the Firearms Licence Test as part of their Job Requirement/Description.

They do not need to be licenced, but only pass the test to show that they have an understanding of firearm safety requirements. There should be no exceptions.

5. New section 5 substituted.
The principal Act is amended by repealing section 5, and substituting the following section:
5 Dealers to be licensed and associated clauses. The extension of "Dealers Licenses" to cover persons, who hire, repair, modify or otherwise supply "by way of their business", airguns, ammunition, or parts of air guns

"Way of Business" should be defined in the Act and not become reliant on case law, or an unmentioned Act or Police Policy to determine what it actually means.
Consideration should be given to the use of endorsements on firearm licences.

S.5(3) A dealer's licence (sic) must state the kinds of business, and the kinds of firearms and part, to which it relates.

Same as for S.5(1) above.

6 New section 8 substituted
Repealing section 8, and substituting the following section:
8 Duration of dealer's licence
S.8 (1) A dealer's licence continues in force for one year from the date on which it was issued or last renewed, and may be renewed for the next year.

As some of the above sections have the potential to increase the number of dealer's licences we feel that it may be prudent to consider extending the renewal period out to say 3 to 5 years.

S.8(2)(b) power to suspend a dealer's licence

Commend the introduction of the power to suspend.

13 Exemptions
(2) Section 22(3)(a)(i)(ii)(b)(ii)

This should be extended to include MSSAs to allow prospective new members to be introduced to this discipline.

16 New sections 26A to 27B substituted
26A Temporary suspension of firearms licence pending possible revocation

Commend the introduction of temporary suspension.

The NZDA would like to see the following be considered:

3) That "Lawful, proper and sufficient purpose" defined within the Act.

4) New sections incorporated for - "attempting to procure the use of a firearm illegally" (By any unlawful means including dishonest or deceitful). And " The use of a firearm in the commission of a crime". This should be an offence "on its own" that attracts penalties that cannot be served concurrently with any other sentence.

5) The purchase of airguns - NZDA would like to see a 'point of sale' agreement issued at the time of the retail supply of all airguns.