district court logo

Tito v New Zealand Police [2022] NZDC 16431

Published 19 June 2023

Reserved judgment — revocation of firearms licences — “fit and proper person” — Arms Act 1983, ss 1A, 24, 27, 27 & 62B — New Zealand Bill of Rights Act 1990, s 8 — International Covenant on Civil and Political Rights, Article 6 and Part 2 — Tito v Commissioner of New Zealand Police [2017] NZDC 25472 — Booth v Tito [2020] NZHC 1071 — Fewtrett v Police [1996] 14 CRNZ 372 — Ries v New Zealand Police [2019] NZDC 11626 — Moosman v New Zealand Police [2021] NZDC 23700 — Police v Cottle [1986] 1 NZLR 268. The respondents had previously decided to revoke the applicants' firearms licences, on the grounds that they were not fit and proper persons. The decision came after a complaint to police about the applicants' threatening behaviour towards Maori Land Court staff. The alleged threatening behaviour included strangulation gestures, throat-cutting gestures, and pointing at the staff with their fingers in the shape of a pistol. The applicants then appealed to the Court, and denied making the threatening gestures. The Court considered evidence from the applicants and from the Court staff, and concluded that the applicants had indeed made the hand gestures and were generally aggressive and intimidating. The applicants' firearms licences had previously been revoked several years earlier, again in connection with a Maori Land Court matter that had gone against the applicants. The Court found that the applicants were not fit and proper persons. The appeal was dismissed. Judgment Date: 9 September 2022.

Tags