New Zealand law contains provisions to regulate the carrying of items that are considered "offensive weapons" or "dangerous weapons" in public places. These laws aim to prevent harm and maintain public safety. The primary legislation governing these matters is the Summary Offences Act 1981 and the Crimes Act 1961.
Definition of an Offensive Weapon
Under New Zealand law, an offensive weapon is defined as any article that meets one of three criteria [Source: Summary Offences Act 1981, s 2]:
- Made or altered for injury: An article specifically manufactured or modified for the purpose of causing bodily injury [Source: Summary Offences Act 1981, s 2]. Examples could include a knuckleduster or a sharpened comb.
- Intended for injury: An article that the person having it intends to use to cause bodily injury [Source: Summary Offences Act 1981, s 2]. This focuses on the carrier's subjective intent. For instance, a screwdriver carried with the intent to stab someone would fall under this category.
- Intended for threatening: An article that the person having it intends to use to threaten any person [Source: Summary Offences Act 1981, s 2]. This also depends on the carrier's subjective intent, such as brandishing a heavy object to intimidate someone.
The Crimes Act 1961 also includes a definition of "offensive weapon" or "weapon" for the purpose of various offences, defining it as any thing that is capable of being used to inflict death or injury and is carried with the intention of using it to inflict death or injury, or to threaten or intimidate, or is designed or altered for such use [Source: Crimes Act 1961, s 2].
Definition of a Dangerous Weapon
Separately, the Summary Offences Act 1981 also refers to a dangerous weapon, which is defined as any thing that is capable of being used to inflict death or serious injury [Source: Summary Offences Act 1981, s 13A(2)]. This definition is broader than "offensive weapon" as it does not require an intention to cause harm or threaten, focusing solely on the item's inherent capability.
The Offence of Carrying an Offensive or Dangerous Weapon
It is an offence for any person to carry any offensive weapon or dangerous weapon in any public place without lawful authority or reasonable excuse [Source: Summary Offences Act 1981, s 13A(1)].
What is a "Public Place"?
A public place includes roads, streets, footpaths, courts, alleys, and any open space to which the public has access, whether as of right or not. It also includes ships, ferry boats, public vehicles, public gardens, and places of public recreation [Source: Summary Offences Act 1981, s 2].
Lawful Authority or Reasonable Excuse
A person who carries an offensive or dangerous weapon in a public place may have a defence if they can demonstrate they had lawful authority or reasonable excuse [Source: Summary Offences Act 1981, s 13A(1)].
- Lawful authority typically refers to situations where a person is authorised by law to carry a weapon, such as a police officer carrying their issued firearm.
- Reasonable excuse is not explicitly defined in legislation but is generally understood to mean a legitimate, justifiable reason for carrying the item in question. Examples may include a tradesperson carrying tools for work, a chef carrying knives to their workplace, or someone carrying equipment for a legitimate sporting or recreational activity (e.g., a fishing knife for fishing). The assessment of a "reasonable excuse" is made on a case-by-case basis, considering all the circumstances.
Penalties for Carrying an Offensive or Dangerous Weapon
A person convicted of carrying an offensive weapon or dangerous weapon in a public place without lawful authority or reasonable excuse is liable to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000 [Source: Summary Offences Act 1981, s 13A(1)].
When to Seek Independent Legal Advice
Individuals facing charges related to carrying an offensive or dangerous weapon, or those seeking clarification on specific items, should consult with a qualified legal professional. Community Law Centres across New Zealand offer free legal advice and can provide guidance on individual circumstances.
Key Resources
- Legislation New Zealand: https://www.legislation.govt.nz/
- Community Law Centres o Aotearoa: https://communitylaw.org.nz/
- New Zealand Police - Firearms: https://www.police.govt.nz/advice-services/firearms