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Hurley v New Zealand Police [2022] NZDC 7713

Published 19 October 2022

Appeal — revocation of gun licence — fit and proper person — Arms Act 1983, ss 1A, 24, 24A, 27, 62A & 62B — Austin Nichols & Co Ltd v Stitchting Lodestar [2008] 2 NZLR 141 — Kacem v Bashir [2011] 2 NZLR 1 — Re Owen [2005] 2 NZLR 536. The appellant was at the District Court seeking to reverse the revocation of his firearms licence. A police inspector had revoked the licence on the grounds that the appellant was not a fit and proper person to be in possession of a firearm, because of his history of drink driving offences. The police reasoned that the appellant's history of alcohol-related offending indicated a tendency to break rules and behave irresponsibly. The appellant argued that he was a responsible gun owner, that he needed a gun for his work and that he had taken steps to deal with his drink driving. The Court examined the facts of the appellant's drink-driving offences, and considered that they showed that the appellant had a problem with alcohol and was inclined to undertake risky behaviour while drunk. Therefore he was not a fit and proper person to hold firearms. The appeal was dismissed. Judgment Date: 23 May 2022.

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