Published 08 December 2021
Appeal — revocation of firearms licence — de novo hearing — fit and proper person — overall character — hunting rifle — trespass — conservation land — Arms Act 1983 — Arms Regulations 1992 — New Zealand Police Firearms Manual — McCabe v Police DC Timaru CIV-2008-076-345, 30 January 2009. The appellant sought to appeal a decision of the police to revoke his firearms licence. Police had determined the appellant was no longer a fit and proper person to hold a licence as he had twice been charged with unlawful hunting: once on private property and once on land governed by the Department of Conservation. The appeal was by way of a de novo hearing, and there was no statutory criteria for who constitutes a "fit and proper person" for the purposes of holding a firearms licence. The Judge considered the case of McCabe v Police which stated that the test requires consideration of the applicant's overall character and history. The Judge considered the evidence in relation to the unlawful hunting charges and the explanations of the appellant, noting that the appellant's evidence appeared contradictory and he was reluctant to accept fault in a genuine and appropriate way. The appellant was also unable to demonstrate familiarity with the firearms safety rules. For these reasons the Judge determined that the appellant, despite being an experienced and capable hunter, was not a fit and proper person to hold a firearms licence and dismissed the appeal. The Judge also noted that there was nothing to prevent the appellant from reapplying for a firearms licence in the future. Judgment Date: 15 December 2020.
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