Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
3 October 2024
Yasir Shaikh
[FYI request #28338 email]
Our ref: OIA 115664
Tēnā koe Yasir
Official Information Act request: Firearms laws
Thank you for your email of 9 September 2024, to the Ministry of Justice (the Ministry),
requesting, under the Of icial Information Act 1982 (the Act), information on changes to
firearms law. Specifical y, you requested:
… 1. *What mechanisms are currently in place to ensure that these gun law changes
wil not lead to an increase in violence, particularly against Muslims and other
minority communities?*
2. *In the unfortunate event of any future incidents of violence against Muslims, what
steps wil be taken to hold Mr. McKee or any other responsible parties accountable
for their role in making firearms more accessible?*
3. *How does the Ministry of Justice plan to safeguard the rights and safety of
Muslims and other minorities in this evolving legislative landscape?* …
While the Act allows anyone resident in New Zealand to ask Ministers and agencies for
information, there is no requirement under the Act for agencies to create new information,
compile information they do not hold or, as in this case, respond to hypothetical questions or
provide or prove an opinion. The Act does not support requests where statements are put to
agencies for response, couched as a request for official information. I am therefore refusing
your request under section 18(g) of the Act on the grounds that the information requested is
not held by the Ministry and I have no grounds for believing it is held by another agency or
Minister. However, I can provide general information on firearms reform and the role of
Ministers and the Ministry in the policy process.
In general terms, Ministers are responsible for determining and promoting policy, defending
policy decisions, and answering questions in the House of Representatives on both policy
and operational matters. Ministers have a duty to give fair consideration and due weight to
free and frank advice provided by the public service.
As a Public Service department, the Ministry’s role in the legislative process is to develop
policy and advise the Government on proposed legislation. Al advice provided by the
Ministry is underpinned by fundamental principles of justice, including the rule of law,
representative democracy and fundamental human rights including the right to life and
security.
In line with the Arms Act 1983, our advice on firearms law reform wil aim to promote safety
and impose controls on the possession and use of firearms. The Ministry acknowledges the
terrorist attack on Christchurch masjidain on 15 March 2019 and honours the findings of the
subsequent Royal Commission. It is also providing administrative support to the coronial
inquest into the attacks.
Any changes to firearms law wil be subject to the legislative process. This means proposed
changes wil be introduced to the House and referred to a select committee, where there will
be an opportunity for public submissions, the hearing of evidence, and amendments to
proposed laws. This represents an opportunity for the public to scrutinise the proposed law
changes and have their say.
The accountability of Ministers for their actions is outlined in the Cabinet Manual, which is
available at: dpmc.govt.nz/our-business-units/cabinet-office/supporting-work-cabinet/cabinet-
manual/4-ministers-law-and-inquiries/litigation-involving-ministers/ If you wish to directly
engage with the Associate Minister of Justice, Hon Nicole McKee, her contact details are
available at: beehive.govt.nz/minister/hon-nicole-mckee/
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address].
Please note that this response, with your personal details removed, may be published on the
Ministry website at: justice.govt.nz/about/official-information-act-requests/oia-responses/.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be
contacted by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Kathy Brightwell
General Manager, Civil & Constitutional, Policy
