Jenner v Commissioner of Police [2018] NZDC 21431

Published 12 June 2019

Appeal on firearms licence — firearms endorsement — Arms Act 1983, s 62 — fit and proper person test. The appellant appealed a decision by the respondent to decline his application for endorsements to his firearms licence, under s 62 of the Arms Act. The appellant sought military style semi-automatic firearms and restricted weapons endorsements. The reasons the respondent gave for declining the application were that the appellant had previously acted contrary to the provisions of the Arms Act, having been convicted of a range of offences under the Arms Act in 2009, and that the appellant's general character was such that there was a risk of non-compliance with the laws relating to firearms possession. The appellant had previously been successful in the District Court in appealing a decision declining him a firearms licence on the basis of his not being a fit and proper person. The question before the Court regarding the endorsements was also concerned whether the appellant was a fit and proper person; however, given that the endorsement provisions would enable possession of potentially more lethal weapons the assessment in this appeal was more stringent. The Court noted that just because the appellant was deemed to be a fit and proper person for the purposes of holding a firearms licence it did not necessarily follow that he would be a fit and proper person to hold such endorsements. The Judge held that the appellant did not meet the test of a fit and proper person in the context of the firearms endorsements, due to the nature and scope of the issues associated with his previous Arms Act offending and the concerns raised about the appellant's attitude. Judgment Date: 18 October 2018.