Published 03 September 2019
Appeal firearms licence revocation — Arms Act 1983, ss 27 & 62 — fit and proper person — hearing de novo — Fewtrell v Police [1997] 1 NZLR 444 — New Zealand Police Arms Manual — Cunningham v Police [2015] NZDC 4334 — O'Loughlin v Police [2001] DCR 488 — McCabe v Police District Court Timaru CIV-2008-076-000345. The plaintiff brought an appeal under s 62 of the Arms Act (the Act) against the decision of a commissioned officer of police revoking the plaintiff's firearms licence. The basis for the revocation was the commissioned officer's determination that the plaintiff was not a "fit and proper person" under the Act. The plaintiff had a long history of hunting and careful management of his firearms. However, central to the commissioned officer's determination were the plaintiff's prior convictions. These included drink-driving, driving in a dangerous manner (involving possession of an unloaded shotgun), disorderly behaviour likely to cause violence and common assault. The Judge found nothing wrong with the conclusion reached by the commissioned officer and stated that the convictions raised real concerns about the plaintiff's ability to control his temper. Accordingly, the appeal was dismissed. Judgment Date: 20 May 2019.
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