Former gun lobbyist Nicole McKee has used her power as a Government minister to reduce regulation for gun clubs — without any public consultation.
Documents obtained by 1News show officials raised the alarm about a change to the Arms Regulations in May, saying they were being processed under a “short time frame”.
A regulatory impact statement shows the Ministry of Justice was unable to run any consultation with the public or even to test the safety implications of the move before it became law.
The change removed certain requirements for gun clubs ahead of an impending reporting deadline and put an end to a measure designed to gather information about the sale of firearms.
“Officials received very clear commissioning from the Minister,” the regulatory statement reads.
“This commissioning, combined with time constraints, has limited the scope of options developed.”
The change was implemented through an order in council — a legitimate process which allows the law to be changed quickly in certain scenarios.
However, McKee pushed her change through so quickly that officials were unable to assess whether it could “compromise” public safety.
Public law expert Professor Andrew Geddis said the public had been shut out of the process.
“Normally what happens is, officials go to ministers and say, ‘hey minister there’s this little issue we’ve found that needs fixed, it needs changed’,” he said.
“What we have here instead is the Minister coming to the officials and saying, ‘I want this change made, and I want it made in this way.'”
That was “probably not the right way to make law,” Geddis said, especially considering McKee’s close ties to the gun lobby.
“This allows the order in council process to become the Minister’s own personal way of making law.”
Associate Minister of Justice McKee pushed back when questioned this week — arguing it was a minor adjustment.
The order in council was signed off by her other ministerial colleagues on the executive council.
“The changes that I have made will support clubs and the volunteers that run them, and run the ranges, to continue to operate,” she said.
“I’ve given them some immediate relief that does not impact on public safety.”
No information on impact on public safety – MoJ report
However, those assurances have not been tested by officials at the Ministry of Justice.
Documents obtained by 1News under the Official Information Act show McKee approached officials in March to raise what was – in her view – unfair regulation on gun clubs.
“You have expressed concern that shooting clubs and ranges may close if they are unable to meet requirements,” the paper reads.
The Minister was trying to get in front of an impending deadline created by the previous Labour Government as part of its gun reform after the Christchurch terror attack.
Regulation had been increased for clubs, and in March, the first round of reports was almost due.
It meant clubs would have to provide minutes from meetings and financial reports, tracking the purchase and sale of any firearms or ammunition sold on their behalf.
At first McKee was told there were “no simple legislative measures” to ease requirements before the deadline.
She had already been working to reform Part 6 of the Arms Act to do away with the regulation, but that was still making its way through parliament and could not be completed in time.
It appears the former gun lobbyist then pivoted to the “order in council” process.
By May, Ministry of Justice officials were raising alarm in a regulatory impact report.
It shows they were assessing the potential law change under a tight time frame proposed by the Minister, based on several “assumptions”.
“It relies on evidence from one group of stakeholders,” officials wrote.
“Other perspectives are not known.”
The officials added they had no information about the likely impact of the change on public safety.
“It is likely that the public will have a range of perspectives on this issue, but these have not been tested,” they said.
No public consultation was held. By June, these changes were made law.
‘I don’t think it’s hypocrisy’ – McKee
The Minister has spent years criticising the previous Labour Government for what she has called “rushed” lawmaking after the terror attacks.
When questioned by 1News this week, she denied that her quick intervention for gun clubs was hypocritical.
“No, I don’t think it’s hypocrisy at all, because the bigger changes that we plan on making will be going through a select committee process,” she said.
McKee added there had been consultation with several different agencies, including police, the Department of Conservation, Customs and others before the order in council went through.
She did not believe it was rushed, and pushed back against her own officials at the Ministry of Justice.
“I don’t agree with everything that’s said there,” she said.
“I don’t see that is an impact on public safety whatsoever.”
The changes would reduce the burden on clubs, which were run by volunteers, ensuring they could stay open and help people learn how to use firearms safely, she said.
“The bigger changes that we plan on making will be going through by way of bill passing through parliament and there will be a select committee process for that, that’s where we will expect and will receive feedback,” she added.
However, Federation of the Islamic Associations of New Zealand of New Zealand said they do not have much hope for that process.
Chairperson Abdur Razzaq said the order in council process was “deceptive, undemocratic and dangerous”.
“She’s just ramming it through, she’s not given any data, she’s not given any evidence, she’s not consulting with people.
“Why don’t you be absolutely honest about it – and say ‘look, we’re going to push this through because we have a coalition agreement about arms reform’.”
McKee has said nothing is yet drafted for a planned rewrite of the Arms Act, which the coalition is planning later this term, which could see the rules around military style weapons relaxed.
She denied she was valuing the opinion of gun owners more highly than that of the general public.
“If I were doing that, then there would be a lot more orders in council going through,” she said.
“I believe I’m doing the right thing by being, or giving them, an ear.”
