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No Arms Item Declaration and the Firearms Registry

J Dough made this Official Information request to New Zealand Police

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From: J Dough

Dear New Zealand Police,

The NZ Police Firearms Safety Authority website page (https://www.firearmssafetyauthority.govt...) mentions a "No Arms Items Declaration".

However, this page does not list the information required to be provided for this "No Arms Items Declaration".

Can the New Zealand Police provide a copy of the text of a "No Arms Items Declaration".

Can they also provide a copy of all legal advice linked to the "No Arms Items Declaration", especially the legal requirement for every item of information to be captured in the "No Arms Items Declaration". This must reference each piece of information to the legislation.

Can you confirm the full list of all possible methods that a person can use to update the Registry, including, but not limited to a "No Arms Item Declaration".

From the Arms Act 1983 Section 94(2):
(b) any other information that the Commissioner considers necessary or desirable—
(i) to ensure that the registry is complete and accurate; or
(ii) for the administration of this Act and regulations made under it; and
(c) any other photographs that the Commissioner considers necessary or desirable.

Can you provide the document / letter or similar, signed by the Commissioner, which covers what this "other information" and "any other photographs" are.

Can you provide a full list of all data fields in the Registry for a person, their firearm(s), their address(s), their licence(s) and any other data that links back to any of these data objects (i.e. person, firearm(s), licence(s), etc.). Include for each field if the data is mandatory or if it is optional.

Is the information which is held in the Firearms Registry covered by the Official Information Act 1982? This includes the ability for a firearms licence holder (current, suspended, revoked or any other status) to request a copy and to be able to request corrections? If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.

Does the Privacy Act 2020 and the Privacy Principles, as documented by the Privacy Commissioner (https://www.privacy.org.nz/privacy-act-2...) apply to this information. If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.

Regulation 45(b) of the Arms Regulations 1992 includes the phrase "when the Commissioner makes the capability available". Is this capability available now? If not, when will this be available? Are there any possible reasons for when the Commissioner may make it not available?

If the Commissioner is to make the capability not available, does this overide the ability to request information under Section 12 of the Official Information Act 1983 or any other part of the Official Information Act 1983? Please provide all legal advice if it does override the Official Information Act 1983 in any way.

As per Section 12 of the Official Information Act 1982 I can confirm that I am entitled to make requests under this Act as I satisfy criteria as listed in Section 12(1) as being someone who may make requests under the Act, which includes residing in New Zealand.

All information should be shared via the FYI.org.nz website (as per the guidance on https://fyi.org.nz/body/new_zealand_police).

Yours faithfully,

J Dough

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From: Ministerial Services
New Zealand Police

Tçnâ koe
I acknowledge receipt of your Official Information Act 1982 request below, received by Police on 16 May 2024.

Your reference number is IR-01-24-16 May 2024.

You can expect a response to your request on or before 14 June 2024 unless an extension is needed.

Ngâ mihi
Lisa
Ministerial Services
Police National Headquarters

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From: Ministerial Services
New Zealand Police

Kia ora

I refer to your request of 16/05/2024 as per the below email.

I have been asked to advise you that Police requires an extension of time in which to respond to your request, pursuant to section 15A(1) of the Official Information Act 1982 (OIA). Specifically, section 15A(1)(a), the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the organisation.

Police requires until 12/07/2024 to provide a substantive response to your request, however we are endeavouring to provide this to you as soon as possible.

You have the right, under section 28(3) of the OIA, to make a complaint to an Ombudsman about this extension. If you wish to discuss any aspect of your request with us, including this decision, please feel free to contact [email address]

Kind regards,
Jonelle
Advisor - Ministerial Services Police National Headquarters

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From: Ministerial Services
New Zealand Police


Attachment IR 01 24 16982 J Dough Response signed.pdf
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Tēnā koe

 

Please find attached the response and documentation relating to your
Official Information Act request, received by Police on 16 May 2024.

 

Ngā mihi

McCoy

Ministerial Services

Police National Headquarters

 

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