The Libs vs. MMP

An explainer on recent gun club changes and the right of governments to implement policy.

Photo by Arcwind on Unsplash

In response to ongoing debate about Nicole McKee's recent firearm law reforms, it’s important to first clarify what has actually occurred and why.

What has actually happened?

The reforms pushed through by Nicole McKee, Associate Minister of Justice, focused on easing the regulatory burden on gun clubs and licensed firearms owners.

The key changes included:

• Removing certain reporting requirements for gun clubs, which had been introduced after the Christchurch terror attacks. These requirements forced clubs to provide detailed reports on firearms and ammunition purchases, meeting minutes, and financial information.

• Ending measures designed to track firearm sales through gun clubs, which were intended to enhance oversight but have been criticised by ACT for adding unnecessary bureaucracy without, it says, improving safety.

How were the reforms made?

The changes were made by Order in Council back in May. This a legal mechanism through which the Executive Council - a formal body of government ministers and the Governor-General - makes rules and regulations. These are made by the Governor-General and so do not require full parliamentary approval.

Generally, the Executive Council can only make such orders when Parliament has delegated the necessary authority to it under specific legislation. In this case, the Executive Council is so empowered by section 74(1) of the Arms Act 1983, which provides a long list of gun related topics for which regulations can be made including, at subsection (1)(gb) the annual reporting requirements of gun clubs.

The basis of the complaints