8 May 2026
IR-01-26-12498
S.I
[FYI request #34442 email]
Tēnā koe S.I,
Thank you for your Official Information Act 1982 (OIA) request dated 9 April 2026. I have
answered your question below:
If a person is unlawful y in possession of ammunition, it appears there are 2 options
to charge that individual in the Arms Act.
22B - Restriction on possession of ammunition
(1) A person must not have in their possession any ammunition (other than
projectiles for airguns) unless the person—
(a) is the holder of a firearms licence; or
(b) is not the holder of a firearms licence, but is under the immediate supervision
of a person who is the holder of a firearms licence; or
(c) is an employee of an ammunition sel er who is performing their duties at their
place of work under the supervision of a person who is the holder of a firearms
licence.
(2) A person commits an offence and is liable on conviction to a fine not exceeding
$10,000 if the person, without reasonable excuse, contravenes subsection (1).
or
45 - Carrying or possessing firearms, etc, except for lawful, proper, and sufficient
purpose
(1) Every person commits an offence and is liable on conviction to imprisonment
for a term not exceeding 4 years or to a fine not exceeding $5,000 or to both who,
except for some lawful, proper, and sufficient purpose, —
(a) carries; or
(b) is in possession of—
any firearm, airgun, pistol, prohibited magazine, restricted weapon, or explosive.
I am requesting al documentation, training manuals, guidance, legal advice or
directions that explain each offence and the difference between them, and
information that is relevant to directing which offence the suspect is charged with
by the charging officer or police prosecutors.
Although sections 22B and 45 of the Arms Act 1983 (the Act) both relate to unlawful
possession, they address different forms of offending. Section 22B specifically concerns
ammunition and provides that a person must not possess ammunition unless they are the
holder of a firearms licence; are under the immediate supervision of a firearms licence
holder; or are an employee of an ammunition sel er performing their duties under the
Te Tari Pūreke – Firearms Safety Authority Telephone: 0800 844 431
www.firearmssafetyauthority.govt.nz
Te Tari Pūreke – Firearms Safety Authority is a business unit of New Zealand Police.
supervision of a firearms licence holder. In contrast, section 45 creates an offence to
carry or possess a firearm, airgun, pistol, prohibited magazine, restricted weapon, or
explosive without a lawful, proper, and sufficient purpose.
Police constables may consider and lay charges under either section independently, or
both, depending on the circumstances. However, where the offending relates solely to
ammunition, section 22B is the most relevant provision.
Please find attached documents “s22B and s45 documents”.
We do not hold any guidance or training manuals specific to charging decisions under
section 22B or section 45 of the Act. Therefore, this part of your request is refused
pursuant to section 18(g) of the OIA, as the information requested is not held.
The Royal New Zealand Police College (RNZPC) provides general firearms training as
part of Initial Training and relevant ongoing training for frontline staff. This training is
focused on ensuring officers have a sound understanding of safe firearms handling,
operational safety, and lawful use, aligned with Police policy, approved tactical
frameworks, and role specific requirements.
Recruits complete training on the Act. This covers definitions, common offences such as
unlawful y carrying/possession, unlawful carrying an imitation firearm or presenting a
firearm and identification of live and operational ammunition. Firearms licenses, ages
and categories and powers under the Act (section 66B power to demand particulars) and
Search and Surveil ance Act 2012 (section 18) are also included. Scenario training
involves the location and possession of ammunition.
RNZPC is committed to supporting Police capability through nationally consistent training
where it is within their remit, and to working with operational and policy owners where
clarification or guidance is required outside the training environment.
Legal advice regarding section 22B and section 45 of the Act is withheld in ful pursuant
to section 9(2)(h) of the OIA, as the withholding of the information is necessary to
maintain legal professional privilege.
The Act is administered by the Ministry of Justice. Te Tari Pūreke – Firearms Safety
Authority is responsible for regulatory oversight of the firearms regime, while
New Zealand Police are responsible for enforcing the Act, including investigating offences
and making charging decisions.
Police considers the interests requiring protection by withholding the information are not
outweighed by any public interest in release of the information.
You have the right to ask the Ombudsman to review this decision if you are not satisfied
with the response to your request. Information about how to make a complaint is
available at:
www.ombudsman.parliament.nz.
For your information, Police has developed a process for proactive release of information,
so the anonymised response to your request may be publicly released on the New
Zealand Police website.
Nāku noa, nā
Mike McIlraith
Director - Communities and Corporate
Firearms Safety Authority
