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Home / New Zealand

Government to push through Firearms Prohibition Orders law as politics over crime heats up

Michael  Neilson
By Michael Neilson
Senior political reporter, NZ Herald·NZ Herald·
2 Aug, 2022 04:15 AM4 mins to read

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Police Minister Chris Hipkins. Photo / Mark Mitchell

Police Minister Chris Hipkins. Photo / Mark Mitchell

The Government plans to push through a law to tackle increasing gun crime by the end of next week as it comes under increasing pressure over law and order.

National, which previously had two similar bills shot down, says it will support the law but wants police given more powers to search those targeted by the law for weapons.

The Firearms Prohibition Order Legislation Bill was announced last year to tackle firearms violence and the impact of gun-related mayhem on communities.

The bill aimed to stop people who presented "a high risk of violence", or what it called an underlying risk of violence, from accessing restricted weapons.

It passed its first reading in February and the Government is now preparing to push through both its second and third readings by the end of next week.

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The urgency comes as the Government comes under increasing pressure over reports of violent crime, with the poor performance of Poto Williams resulting in Chris Hipkins replacing her as Police Minister in June.

Williams had "lost focus" on the escalation of gang tensions, said Prime Minister Jacinda Ardern in explaining the Cabinet reshuffle, at a time when the Killer Beez and Tribesmen motorcycle gangs were engaged in a tit-for-tat war.

At least 23 houses had been targeted in drive-by shootings in the space of a fortnight, in yet another example of armed conflict between gangs which has escalated in recent years.

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Hipkins said the prohibition orders would help to further reduce firearms violence by prohibiting high-risk offenders from accessing, being around or using firearms or ammunition.

"The Bill gives the courts the power to impose an Order lasting 10 years, and makes it a further criminal offence to breach the conditions of the Order. It is targeted at those with a history of serious violent offending and gun crimes."

The Justice Committee has recommended adding strangulation or suffocation as a qualifying offence; and requiring the court to consider any special conditions imposed "reasonably necessary" to prevent the offender from accessing, possessing, or using any firearms or related items.

In the committee report National said it was disappointed police were not given stronger warrantless search powers if felt they were "critical to disrupting the dangerous people who will be subject of the FPOs".

"The status quo search powers contained within this bill require a reasonable‐
ness test that would not be met in this situation.

"It begs the question as to why you would pass a bill that provides no new search powers for frontline police officers to be able to take guns out of the hands of serious offenders."

Police spokesman Mark Mitchell said the party would still support the bill overall given the extra resources it gave police.

A person covered by the law breaching an order condition could be jailed up to two years, up to five years for possessing a firearm and seven if it was a prohibited firearm (such as military-style semi-automatic weapons).

Illegally discharging firearms in public will also see greater penalties of up to five years' imprisonment.

Hipkins said the law would focus on violent offenders, including gang members, rather than a specific group of people.

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"It gets the balance right between public safety – by prohibiting people with a history of offending from being near a dangerous weapon – and the Bill of Rights," he said.

Hipkins said it continued a range of policies the Government had introduced to tackle gun violence, including banning assault rifles and military-style semi-automatics, and a Government buyback that saw 60,000 guns removed from the community.

Police have also taken thousands of illegal firearms and rounds of ammunition off the streets, he said.

In July, Hipkins and Justice Minister Kiri Allan also revealed a range of other new laws to tackle gang crime.

Those include plugging up a loophole in criminal law by amending the "threatening act" offence to cover all situations where a firearm is discharged with the intent to intimidate.

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