Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Bill

2.1. Are there any publicly available inquiry, review or evaluation reports that have informed, or are relevant to, the policy to be given effect by this Bill?

NO

2.2. Does this Bill seek to give effect to New Zealand action in relation to an international treaty?

NO

2.3. Were any regulatory impact statements provided to inform the policy decisions that led to this Bill?

YES

Two Regulatory Impact Statements were prepared by the Ministry of Justice:

·       Interim Regulatory Impact Statement (A): Support shooting clubs and ranges, The Ministry of Justice, 9 May 2024. This document is available publicly here: https://www.justice.govt.nz/assets/Documents/Publications/Interim-Regulatory-Impact-Statement-A-Supporting-shooting-clubs-and-ranges-1-1.pdf

·       Regulatory Impact Statement: Supporting shooting clubs and ranges, The Ministry of Justice, 24 July 2024. This document is not yet available publicly. The Ministry plans to release this document - once it is released it will be found at: https://www.justice.govt.nz/justice-sector-policy/regulatory-stewardship/regulatory-impact-assessments/

2.3.1. If so, did the RIA Team in the Treasury provide an independent opinion on the quality of any of these regulatory impact statements?

NO

The Ministry of Justice’s Regulatory Impact Assessment quality assurance panel has reviewed both Regulatory Impact Statements (RISs) prepared by the Ministry of Justice and considered that the information and analysis summarised in both RISs partially meets the quality assurance criteria.

2.3.2. Are there aspects of the policy to be given effect by this Bill that were not addressed by, or that now vary materially from, the policy options analysed in these regulatory impact statements?

NO

2.4. Has further impact analysis become available for any aspects of the policy to be given effect by this Bill?

NO

2.5. For the policy to be given effect by this Bill, is there analysis available on:

(a)   the size of the potential costs and benefits?

YES

(b)   the potential for any group of persons to suffer a substantial unavoidable loss of income or wealth?

NO

Cost and benefit analysis forms part of the RISs. Certainty around many of the costs and benefits is limited by the scale/scope of the problem definition.

2.6. For the policy to be given effect by this Bill, are the potential costs or benefits likely to be impacted by:

(a)   the level of effective compliance or non-compliance with applicable obligations or standards?

YES

(b)   the nature and level of regulator effort put into encouraging or securing compliance?

YES

Refer to the RISs for information relating to compliance.  

3.1. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with New Zealand’s international obligations?

The Ministry of Justice analysed the Bill and did not identify any international obligations that conflict with the policies contained in this Bill.

Separately to this Bill, changes to clubs and ranges are being made through regulations. These changes may interact with New Zealand’s interests in the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms.  MFAT has advised, however, that it considers this can be managed without significant risk for New Zealand.

3.2. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with the principles of the Treaty of Waitangi?

The Ministry of Justice has analysed the Bill and did not identify any inconsistency with the Treaty principles.  

3.3. Has advice been provided to the Attorney-General on whether any provisions of this Bill appear to limit any of the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990?

YES

Crown Law was provided with a draft of the Bill and has provided advice to the Attorney-General on consistency with the New Zealand Bill of Rights Act 1990 (NZBORA). It could find no inconsistency with NZBORA.

A copy of its advice will made be available at:

https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports 

3.4. Does this Bill create, amend, or remove:

(a)   offences or penalties (including infringement offences or penalties and civil pecuniary penalty regimes)?

YES

(b)   the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)?

NO

The Bill creates a distinction between pistol and non-pistol clubs and ranges.

It remains an offence for a pistol club to operate without approval, and for a pistol range to operate without certification. The penalty for persons convicted of these offences is a fine not exceeding $10,000. This is the same as existing provisions in the Arms Act 1983.

Non-pistol clubs and ranges will no longer require approval/certification, which is being replaced with a new system of enrolment. Clause 5, new sections 38K and 38XC establish that it is an offence for a non-pistol club or range to operate without being enrolled. While this is the same offence that currently exists within the Act, the Bill clarifies that it still applies to non-pistol clubs and ranges under the new enrolment system. The penalty for persons convicted of these offences is a fine not exceeding $10,000. This is the same as existing provisions in the Arms Act 1983.

The Bill allows for temporary shooting ranges to be setup up for one-off events, provided that they notify the regulator. Clause 5, new section 38XD makes it an offence for temporary non-pistol ranges to operate without first notifying the Commissioner. If convicted under this offence, a person will be liable to a fine not exceeding $10,000. This is a new strict liability offence created by the Bill.

3.4.1. Was the Ministry of Justice consulted about these provisions?

YES

The Ministry of Justice’s offence and penalty vetting (OPV) team was consulted on the Bill’s proposed offences and penalties to ensure they are appropriate and consistent with existing offences and penalties in the Arms Act 1983. This primarily helped inform the new strict liability offence created by clause 5, new section 38XD.

3.5. Does this Bill create, amend or remove any provisions relating to the collection, storage, access to, correction of, use or disclosure of personal information?

YES

In clause 6, new section 38XJ(1)(b). This provision amends the Act by specifying that when shooting clubs or ranges are inspected to ensure they are operating in compliance with the Act, the inspector may only remove hard copy documents, provided that seven days’ notice of the intention to inspect has been given.

The Act currently allows for any documents to be removed by the inspector, including those stored digitally.

3.5.1. Was the Privacy Commissioner consulted about these provisions?

YES

There are no privacy concerns with the change described in 3.5.

The Office of the Privacy Commissioner was consulted and had no comments on the Bill.

3.6. Has there been any external consultation on the policy to be given effect by this Bill, or on a draft of this Bill?

YES

The Ministry of Justice consulted with various government agencies including the New Zealand Police Department of Conservation, New Zealand Customs Service, Ministry of Foreign Affairs and Trade, Ministry for Business, Innovation and Employment, Ministry for Culture and Heritage, the Treasury, Parliamentary Counsel Office, Ministry for Primary Industries, Ministry for Regulation, the Department of Internal Affairs, the Public Service Commission, Office of the Privacy Commissioner, the Crown Law Office, and the Cabinet Office. The Department of the Prime Minister and Cabinet has been informed.

Other groups were consulted on initial policy proposals prior to the Bill’s development. Groups consulted included the Minister’s Arms Advisory Group, the Arms Engagement Group, the Firearms Community Advisory Forum, the Clubs and Ranges Engagement Group, the Recreational Firearms User Safety Working Group, the Dealers’ Reference Group, the Muslim Reference Group, and the Firearm User Group on in-principle proposals. Feedback from this focused stakeholder consultation informed the development of the policy proposals.

3.7. Have the policy details to be given effect by this Bill been otherwise tested or assessed in any way to ensure the Bill’s provisions are workable and complete?

YES

The proposals detailed in this Bill have been informed by consultation, including with those who would be most directly impacted by the proposed changes. This provided an opportunity to gather information and test the proposals. However, as the consultation was only with a targeted group of stakeholders, it relies on evidence from one group of stakeholders, other perspectives are not known.  

4.1. Does this Bill contain any provisions that could result in the compulsory acquisition of private property?

NO

4.2. Does this Bill create or amend a power to impose a fee, levy or charge in the nature of a tax?

NO

4.3. Does this Bill affect rights, freedoms, or impose obligations, retrospectively?

NO

4.4. Does this Bill:

(a)   create or amend a strict or absolute liability offence?

YES

(b)   reverse or modify the usual burden of proof for an offence or a civil pecuniary penalty proceeding?

NO

As noted in 3.4, the Bill creates one new offence. Clause 5, new section 38XD makes it an offence for temporary non-pistol ranges to operate without first notifying the Commissioner. If convicted under this offence, the individual will be liable to a fine not exceeding $10,000.

This provision is necessary to ensure that one-off shooting events at temporary non-pistol ranges do not have to go through the same enrolment process as non-pistol ranges, or certification process as pistol ranges. This also means that temporary non-pistol ranges do not incur same the associated costs or regulatory requirements.

However, creating an offence to ensure temporary non-pistol ranges notify the Commissioner, and setting a penalty level consistent with those for permanent ranges, will ensure compliance and a degree of oversight for temporary shooting activities at non-pistol ranges. This aligns with the aim of the Bill to better support public safety outcomes by improving compliance with the Arms Act 1983.

The new offence is a strict liability offence that is consistent with the offences for permanent pistol and non-pistol shooting ranges set out in clause 5, sections 38R and 38XC, respectively.

The offence includes a defence for conduct ‘without reasonable excuse,’ providing some protection to ensure persons are not unfairly convicted and penalised. This will help mitigate potential adverse effects.

The penalty for this offence is also consistent with the penalties corresponding with offences in section 38R and 38XC.

4.5. Does this Bill create or amend a civil or criminal immunity for any person?

NO

4.6. Does this Bill create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests?

NO

4.7. Does this Bill create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation?

NO

4.8. Does this Bill create or amend any other powers to make delegated legislation?

NO

4.9. Does this Bill contain any provisions (other than those noted above) that are unusual or call for special comment?

NO