Hore v New Zealand Police [2017] NZDC 5263

Published 08 August 2017

Reserved judgment — revocation of firearms licence — appeal — Arms Code — Arms Act 1983 ss 27 & 62 — fit and proper person — alcohol — unsecured firearms — character witnesses — Fewtrell v Police (1996) 14 CRNZ 372 — O’Loughlin v Police [2001] DCR 488. The appellant was issued a firearms licence in 1995. In 2015 his licence was revoked on the basis that the appellant was no longer a fit and proper person as he had recently been convicted for supplying an unlicensed person with a firearm without making proper enquiries as to whether that person held a firearms licence. The police had considered that the appellant was not a fit and proper person as he had insecure firearms, had supplied the firearm to an unlicensed person, that alcohol had been consumed whilst firearms were used, and that the appellant had previously been involved in another incident where he used a firearm to shoot a seal. The Court found that the appellants witnesses appeared aware of his earlier transgressions and recent offence yet spoke of him in high regard. The concerns raised by the police were outweighed by the positive character evidence presented to the Court. The appeal was allowed and the decision to revoke the licence was reversed. Judgment Date:16 March 2017 .

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