district court logo

Vizor v Miller [2020] NZDC 18019

Published 08 December 2021

Appeal — revocation of firearms licence — fit and proper person — Arms Act 1983, ss 27(1) & 62 — Police v Cottle [1986] 1 NZLR 268 — Fewtrell v Police [1997] 1 NZLR 444. The appellant appealed the respondent's decision to revoke his firearms licence. In revoking the licence the respondent had cited the defendant's conviction for common assault, and his having been formally warned by the Area Commander for Police after an earlier incident in which he fired a shot above a crowd. At the hearing the respondent also cited the fact that when the appellant's firearms were seized following the revocation of the licence, one of the firearms was found to be stored insecurely. With regards the latter issue, the Court found that it was not a proper basis for revoking the licence as it was an isolated breach and not one of the most serious of its type. However the assault and the other incident involving an altercation with a crowd demonstrated the defendant's propensity to take the law into his own hands and his propensity to resort to violence. The Court found that the defendant lacked the temperament and judgement to hold a licence, and dismissed the appeal. Judgment Date: 16 September 2020.

Tags