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Barrett v Commissioner of Police [2022] NZDC 9189

Published 19 August 2024

Reserved judgment — application for firearms licence — "fit and proper person" — Arms Act 1983, s 24 — Williams v Police [2020] NZDC 26476 — Ries v New Zealand Police [2019] NZDC 11626. The applicant was appealing a decision by the Police to refuse his application to renew his firearms licence. The question for determination in this appeal was whether the applicant was a "fit and proper person" to hold a firearms licence. In refusing the application, the Police had cited concerns regarding a statement made by the applicant indicating that he had never suffered from substance abuse and claims that he had experience with firearms through service in the British Army. The Police subsequently discovered that the applicant had previously been addicted to certain medications, and had also been dishonest about his military service. He had served in the Royal Air Force briefly but there were no records of his claimed service in the British Army. The applicant claimed that he had dealt with the police regarding his substance abuse in the past and was advised that the Police would have had record of it, and that he had moved on from his issues. In regard to the military service issue, the applicant claimed that portions of his service in the military were made confidential, and that he was unable to provide details about his service in an open court. The Court was not satisfied with the applicant's explanations. Notice of the Police concerns were given to the applicant, who failed to offer any further information to back up his claims. The Court also noted that the applicant didn't appreciate the seriousness of the process, nor the issues and concerns raised by the Police. The appeal was dismissed.

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