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Ayling v New Zealand Police [2022] NZDC 4467

Published 01 August 2024

Revocation of licence — firearms licence — fit and proper person — Arms Act 1983, ss 24A, 27(2)(a) & 62B — Police v Cottle [1986] 1 NZLR 268 — Fewtrell v Police [1997] 1 NZLR 444 — Shotover Gorge Jet Boats Ltd v Jamieson [1987] 1 NZLR 437 — McCabe v NZ Police DC Timaru, CIV 2008-076-345, 30 January 2009 — Baxter v Police DC Greymouth, CIV 2014-018-000124, 12 February 2015 — Moosman v Police [2021] NZDC 23700. The applicant appealed a decision by the respondent to revoke his firearms licence on the grounds that he was not a fit and proper person. The respondent's decision was based on four alcohol-related incidents, three of them involving the applicant driving drunk. The applicant had also repeatedly shown an uncooperative and disrespectful attitude to individual officers. The applicant submitted that the incidents did not show that he was unsafe with firearms. The Court found that the applicant showed poor judgement after consuming alcohol, and that this might make him a danger to the public and to police if he was allowed possession of firearms. The appeal was dismissed. Judgment Date: 16 March 2022

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