Thread: Want to avoid jail - 900m close to a dwelling

Arms act 1983, section 48:
"48 Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, discharges a firearm, airgun, pistol, or restricted weapon in or near a dwellinghouse or a public place so as to—
(a)
endanger property; or
(b)
endanger, annoy, or frighten any person."

Methinks you have a reasonable excuse in your duty of pest control. There are reasonable precautions to take such as using a silencer with subsonics, firing out of neighbours view, etc. etc. He sounds like a dickhead though ... so expect trouble either way. Don't take goats with just a .22 rimfire, SPCA may get involved. I'd have assumed 200m is reasonable distance from Mr Dick's dwelling so long as you don't whizz bullets over his roof.

Originally Posted by gimp

It is inaccurate. Section 75 arms act

A person commits an offence...if the person, without reasonable excuse, discharges a firearm.... in or near a dwellinghouse or a public place so as to - (a) endanger property; or (b) endanger, annoy, or frighten any person.


There is no quantified minimum distance.

b) makes that tricky in this situation. Yes the neighbour is a whiny prick, but no one wants that kind of trouble. Personally, I would talk to the police in advance, but I've only had good interactions with them.

I tried to find the specific distance as well but couldn't find it in legislation.
The reason I tried to find it is Gun control NZ want the distance extended from the existing? distance.
Their proposed distance, and I cannot recall what it was, maybe the 900 metres, means I would not be able to do rabbit control on my block.
This despite my nearest neighbour being a long way away.

Originally Posted by zimmer

I tried to find the specific distance as well but couldn't find it in legislation.
The reason I tried to find it is Gun control NZ want the distance extended from the existing? distance.
Their proposed distance, and I cannot recall what it was, maybe the 900 metres, means I would not be able to do rabbit control on my block.
This despite my nearest neighbour being a long way away.

They probably just copy+pasted something from another country that does have a specific distance. A bit like how IIRC the greens copied their firearms policy word for word from their Canadian equivalent and ended up referring to things that don't even exist in NZ law.

With a neighbour like that ring the Police before you start shooting, explain what you are doing, that the neighbor is likely to complain, give your address, their address and name and ask for the logged job number. Then even if the neighbor rings the Police they should have it noted and unless you have done something really stupid that should be the end of it.

Get him saying it on record, then just use it as evidence of a vexatious complaint in future.

He could complain because your use of a firearm annoys him - however:

a) never shoot in the direction of his boundary thus preventing endangering him / his property.
b) Use a suppressed 22lr with subsonic ammo - this will be extremely quiet so that removes noise complaints, don't be flashy with it or set up a plinking target near his boundary so he's less likely to see it.

He could still complain that it scares or annoys him - however you have taken all relevant precautions with regards to safety, and mitigating any effect (noise) on him - if he complains from there it should be thrown out as it is a normal activity in a rural setting, pest control is an essential part of rural living. Hell he wouldn't get on to well in my area - especially in a couple of weeks when a lot of the ponds around us will sound like a warzone.

note - I wouldnt recommend a 22lr for goats, pretty inhumane with such a small margin for error on shot placement.

Originally Posted by Shadowsol

He could complain because your use of a firearm annoys him - however:

a) never shoot in the direction of his boundary thus preventing endangering him / his property.
b) Use a suppressed 22lr with subsonic ammo - this will be extremely quiet so that removes noise complaints, don't be flashy with it or set up a plinking target near his boundary so he's less likely to see it.

He could still complain that it scares or annoys him - however you have taken all relevant precautions with regards to safety, and mitigating any effect (noise) on him - if he complains from there it should be thrown out as it is a normal activity in a rural setting, pest control is an essential part of rural living. Hell he wouldn't get on to well in my area - especially in a couple of weeks when a lot of the ponds around us will sound like a warzone.

note - I wouldnt recommend a 22lr for goats, pretty inhumane with such a small margin for error on shot placement.

Without reasonable excuse, discharges a firearm, airgun, pistol, or restricted weapon in or near a dwellinghouse or a public place so as to—

I think if you have a reasonable excuse and not shooting just to annoy or endanger then you will be ok.

If you shoot and he does report you to the police, and they take his side, I'm afraid it may be lawyers at dawn... something to be avoided. It is expensive and stressful, but more than that, is likely to be a mark against your name when licence renewal time comes - even if you are not guilty.

I would definitely approach local arms officer or other member of the police if you happen to have a good relationship with them, and report your encounter with your neighbour. Then state that you will be doing pest control, taking all reasonable precautions as required by the law. That way, you are far less likely to have a confrontation with the police. I don't know your neighbour, but if it is possible without breaking your relationship further, consider a follow-up conversation and be quite clear that 900m is not a requirement in law, and that you have a duty as a property owner to control pests.

FFS - Some people in this country really are a waste of space. Professional whingers, complainers, and layabouts that contribute nothing to society as they expect society to support them in the style they think is their right............ Keep me off Stuff or I get even worse.

Now - 900metres - nah - as others point out - that is bullshit - The logic is that very, very few farms could then have any shooting on them - as you would then need 1,800 metres between houses. The legislation, as written, is (surprisingly) relatively clear.

When I was very regularly shooting - the .22 couldnt be heard, the .22WMR couldnt be heard far - the only gun at night that caused issues was a 7.62 on fast semi auto - but the neighbours got used to that.

At present my shooting is 5 metres away from my neighbours lounge and they have no idea - best quantify - .22lr subs, silenced in a solid concrete shed.


Now - back to your neighbour - I think if I had an aggressive one like that - the temptation would just overwhelm me to tell him/her/it to get the Fuck out of my sight - particulalry if I had just read the online news for the morning.

Old days the legislation mentioned 200 yards from road or boundary. More recent legislation is as quoted above. Pertinent words are as already highlighted "without reasonable excuse". Pest control on your property is a reasonable excuse. Let the Police know in advance for your first session. USE A SUPPRESSOR!!

All valid points and in no way am I suggesting that the O.P is irresponsible but just play devils advocate here for a second.......

Maybe just maybe the neighbour is justified ?

we don't know the O.P we don't know the location we don't know the other side of the story at all in fact.....

Just saying there are plenty of people out there with F.A.L that are careless and dangerous in the way they handle firearms and do pest control.

I certainly would object to those sort of people shooting anywhere near me or any property I shot on.

just food for thought .....

Been in a similar situation. Talk to your local cop and explain what you intend to do occasionally, and if they have no issue with it then proceed. Pays to keep in touch with them regularly.

Originally Posted by Homesteader_NZ

Hello all,

I'm considering getting my license and a .22 rifle for pest control (possums & feral goats), stock euthanasia, and off handly mentioned this to my neighbor who rather forcefully told me he would happily call the police if I used it. He claims that law forbids shooting closer than 900m from the nearest dwelling. I've been unable to find a specific range permitted and don't want to fall foul of the law. I've reviewed the Arms Code manual and the Arms Act 1983 but am coming up blank.

Is there a resource that I'm unaware of that has this information or is he just blowing wind? I would like to get my license however can't see the purpose if I'm not allowed to use a rifle on my property.

Many thanks, members!

The Police will be pissed off when complaints of gunfire by your neighbour turns out to be your nailgun.

I have had a neighbour ph Police and report 'Gunfire' nextdoor - twice.
First time there was a sign on my padlocked gate ' Rifle Range. Do not enter. Live Firing In Progress'
The Police were happy but made the suggestion that I phone the neighbour each time before using the range - something I do now.

Second time there had been no gunfire for a week and I suggested that perhaps the neigbour was using the Police to harass me. I asked Police what could be done and they said nothing they could do. I visited the local Court and completed the paperwork for a 'Cease and Desist Order' to be heard in the Court. The Police were not keen on this and I suggested that they explain to the neighbour the consequences of their actions should they continue. Problem went away.