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Moosman v New Zealand Police [2021] NZDC 23700

Published 07 March 2022

Appeal — revocation of firearms licence — fit and proper person — criminal charges — drink-driving — assault on police officer — Arms Act 1983, ss 1A, 24(1)(b), 27(2)(a) — Ries v New Zealand Police [2019] NZDC 11626. The appellant appealed a decision of the respondent to revoke his firearms licence on the grounds that he was not a fit and proper person. The revocation followed an incident in which the appellant had been stopped by the police while driving. The appellant assaulted the police officer who had stopped him, and was subsequently found to be over the breath alcohol limit. The appellant submitted that he was nevertheless of good character, and that at the time of the incident had been grieving the recent death of a close relative. The respondent argued that the incident was serious and demonstrated the appellant's tendency towards violence. Further, the appellant had a history of alcohol problems and poor decision-making. The Court accepted that there were good aspects to the appellant's character, but found that the seriousness of the offending meant that the defendant was unfit to hold a firearms licence at the time of appeal. The appellant's grief over his relative's death did not excuse his conduct. The appeal was dismissed. Judgment Date: 2 December 2021.

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