6 ideas NZ can borrow
- Written by Alexander Gillespie, Professor of Law, University of Waikato
Nearly 30 years before the Christchurch terror attacks of March 15 2019, New Zealand had to grapple with the horrors of another mass shooting. The Aramoana massacre[1] on November 13 1990 left 13 people dead and a nation reeling.
But the firearms law changes made in the aftermath were inadequate, and the failure to tighten regulations arguably left the door open for the Christchurch atrocity – committed by a licensed firearms owner.
By contrast, after the Port Arthur massacre that killed 35 people on April 28 1996, Australia adopted fundamental changes to its firearms laws[2] and banned semiautomatic rifles.
Later analysis suggests those reforms helped avoid a statistically likely 16 mass shootings[3]. New Zealand didn’t match the Australian example, and it wasn’t until the Christchurch attacks that vast improvements to firearms laws were enacted.
But New Zealand still differs in significant ways from Australian federal and state models. With our Arms Act under review[4], and with a major rewrite due probably later this year, there are six key areas where we might learn from our nearest neighbour.
1. Genuine reasons to own a firearm
Australia and New Zealand both treat the possession of a firearm as a legal privilege, not a right as it is in the United States. But Australia differs in that a licence applicant must show a genuine reason[6] to possess the firearms.
This is typically associated with other requirements, such as membership of a gun club or proof of other reasons to own a firearm (such as occupational or recreational needs).
Australia also has a 28-day “cooling off[7]” period between an applicant being granted a licence and their ability to buy a firearm.
Licensed gun owners can only buy ammunition suited to the specifically licensed firearm[8]. Australia[9], like Canada[10], also sets a maximum magazine capacity of ten cartridges for most handguns.
Currently, New Zealand gun laws do not carry any of these restrictions[11].
2. The right character referees
Like Australia, New Zealand requires firearms owners to be “fit and proper[12]” people. But none of the eight Australian state or territorial jurisdictions accept self-nominated character referees.
Instead, they apply a more investigative approach, during which police may talk to a wider range of people to assess the suitability of applicants. Each step of the process is laid out in greater detail, such as when health risk assessments[13] may be required.
3. A more robust firearms register
Australia has taken firearms registration – and the traceability of every gun – very seriously since the shooting of two police officers and a member of the public[14] in an ambush attack in rural Queensland in 2022. A lack of real-time available information about the offenders was identified as a contributing factor in the tragedy.
A national firearms register, hosted by the Australian Criminal Intelligence Commission, is under construction. This will provide front-line officers with information on owners, firearms and parts, linked to other relevant police and government data.
Unlike in New Zealand, Australian authorities do not accept sales or transfers between individual firearms owners. These must go through registered dealers, who act as brokers for the transfer, adding an extra layer of security.
But the key lesson from Australia is that to be effective, firearms registries should sit within the police, not civilian bureaucracies.
4. A gradual licence system for young people
In New Zealand, an applicant for a firearms licence must be at least 16 years old[16]. But there is no minimum age requirement for handling a firearm, only the rule that a young person must be under the “immediate supervision[17]” of someone with a firearms licence.
There have been suggestions of adapted firearms licence safety courses in schools, which would see year 11 to 13 pupils receive initial vetting and a certificate as a stepping stone towards a full licence.
It’s a promising idea, but given the known risks of young people and violent extremism[18], and international experience of school shootings, this would need to be managed carefully.
An alternative might be the Australian approach, where young people are more formally brought into the licensing system with a “minor’s permit[19]”. These are similar to a learner driver’s licence, with the aim of easing young people into responsible firearms ownership.
5. Limits on how many firearms can be owned
Large caches of fully operable firearms (unlike vintage collections, which are permanently inoperable) can attract criminal attention, for obvious reasons.
Western Australia[20] is the first state to impose a limit on the number of firearms an individual can hold, modelled on a number of European systems. A licensed competition shooter can own ten[21], and a licensed hunter five[22].
New Zealand has no limits on how many firearms a licensed holder may possess.
6. Strong firearms prohibition orders
The New Zealand government came late to firearms prohibition orders, only realising their benefit in 2022.
These legal orders seek to prevent high-risk people from using, accessing or being around firearms. Although they have recently been augmented[23] with greater search powers, only about 120 orders have been issued.
By comparison, since its own law was created in 1996, New South Wales has issued thousands[24] of orders. In other words, it requires decades of work to mitigate risks to public safety.
The much needed rewrite of the Arms Act is a chance to learn from best practice around the world. Closest to home, Australia has laws, practices and proven results that should prompt us to ask, why not here?
The author thanks Clementine Annabell for assisting with the research for this article.
References
- ^ Aramoana massacre (www.police.govt.nz)
- ^ fundamental changes to its firearms laws (www.resources.qld.gov.au)
- ^ avoid a statistically likely 16 mass shootings (doi.org)
- ^ Arms Act under review (www.justice.govt.nz)
- ^ Getty Images (www.gettyimages.co.nz)
- ^ genuine reason (www.resources.qld.gov.au)
- ^ cooling off (portal.police.nsw.gov.au)
- ^ ammunition suited to the specifically licensed firearm (www.police.nsw.gov.au)
- ^ Australia (www.police.nsw.gov.au)
- ^ Canada (rcmp.ca)
- ^ not carry any of these restrictions (www.nzherald.co.nz)
- ^ fit and proper (www.police.nsw.gov.au)
- ^ health risk assessments (www.police.nsw.gov.au)
- ^ shooting of two police officers and a member of the public (www.theguardian.com)
- ^ Getty Images (www.gettyimages.co.nz)
- ^ 16 years old (www.legislation.govt.nz)
- ^ immediate supervision (www.firearmssafetyauthority.govt.nz)
- ^ young people and violent extremism (www.nzsis.govt.nz)
- ^ minor’s permit (www.police.nsw.gov.au)
- ^ Western Australia (www.wa.gov.au)
- ^ licensed competition shooter can own ten (www.wa.gov.au)
- ^ licensed hunter five (www.wa.gov.au)
- ^ augmented (www.justice.govt.nz)
- ^ New South Wales has issued thousands (www.police.nsw.gov.au)
Authors: Alexander Gillespie, Professor of Law, University of Waikato
