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Davies v Te Tari Pukere Firearms Safety Authority [2023] NZDC 27512

Published 25 July 2024

Appeal — revocation of firearms licence — fit and proper person — Arms Act 1983, ss 1A, 24A, 27(2), 60A, 62 & 62B — Kacem v Bashir [2010] NZSC 112; [2011] 2 NZLR 1 — Moosman v Police [2021] NZDC 23700 — Hurley v Police [2022] NZDC 7713. The appellant had held a firearms licence since 1995. Since being granted the licence he had committed multiple driving infringements, and also had also been involved in violent incidents in 2013 and 2022. After the second incident, the appellant had pleaded guilty on two charges of assault on a person in a family relationship. The police subsequently decided to revoke his firearms licence on the grounds that he was not a fit and proper person. The appellant appealed this decision, making arguments including that too much weight had been placed on his violence charges and on his traffic infringement history, and that not enough weight had been given to his attempts at rehabilitation. The Court noted that according to the Arms Act, owning and using a firearm is not a right but a privilege. The relevant sections of the Act also gave the police a discretion when considering whether to revoke firearms licences. Both the 2013 and 2022 incidents involved charges punishable by imprisonment. Given the seriousness of both incidents, the Court found that the decision to revoke the licence was justified. Finally, the process that the police had followed when revoking the licence conformed to natural justice. The appeal was dismissed. Judgment Date: 11 December 2023.

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