FIREARMS: Revocations & Refusals - The NZ Police Arms Manual

Question 1

Revocations and refusals - The NZ Police Arms Manual

11.2 Procedural steps for revocation/refusal: Once a decision is made by the Commissioned Officer to revoke/refuse the F/A licence the decision must be served on the license holder, in writing, advising what? (3)

Answer 1

1. Of the consideration of revoking/refusal
2. Reasons why AND
3. Offer to hear the person’s reasons as to why revocation/refusal should not proceed.

Question 2

Revocations and refusals - The NZ Police Arms Manual.

11.2 Procedural steps for revocation/refusal: What ways can the Commissioned Officer hear the person’s reason as to why revocation/refusal should not proceed? (2)

Answer 2

1. A hearing must be held between the Commissioner and the licence holder to consider the evidence/submission of the license holder.
2. This could be in person or the licence holder may choose to make submissions in writing.

Question 3

Revocations and refusals - The NZ Police Arms Manual.

11.2 Procedural steps for revocation/refusal: After the hearing between the Commissioned Officer and the Licence holder the written decision of the Commissioned Officer must be served on the Licence holder/applicant and a copy placed on the file. The decision must include what? (3)

Answer 3

1. Reasons why the licence is being revoked/refused.
2. Address each of the points raised by the license holder/applicant as to why the licence holder should not be revoked/refused.
3. It must advise the F/A licence holder/applicant their right to appeal under s62 Arms Act 1983.

Question 4

Revocations and refusals - The NZ Police Arms Manual.

11.14 Revocation and Surrender of firearm licences: List reasons of why a person is not fit and proper to be in possession of a F/A licence. (11)

Answer 4

1. Show no regard for the Arms Act or Regulations.
2. Involved in substance abuse.
3. Committed a serious offence against Arms Act.
4. Committed a series of minor offences against the Arms Act.
5. Committed any serious offence against any other act.
6. Committed crimes involving violence or drugs.
7. Affiliations with gangs involved in committing violent offences or in conflict with another gang.
8. Matrimonial discord involving violence/threats of violence.
9. Psychological disturbance.
10. Attempted to commit suicide or other self-injurious behaviour.
11. Failed to comply with conditions on their licence/endorsement.

Question 5

Revocations and refusals - The NZ Police Arms Manual

1. 11.16 Powers to seize licence following revocation: Can you search for and seize a F/A licence under s27 and s33 if not surrendered?
2. What is the exception?

Answer 5

No, there is no power to search for F/A licences and seize them.

UNLESS s18(2) S and S Act 2012 was met, police could exercise a power of entry, search and seizure in 18(1).

Question 6

Revocations and refusals - The NZ Police Arms Manual.

Section 18 - Warrantless searches associated with arms:

Under s18(2) S and S Act 2012 what are the circumstances that the person carrying arms, or is in possession of them, or has them under their control done? (4)

Answer 6

1. Breached the Arms Act 1983, OR
2. By reason of his/her physical or mental condition is: incapable of having proper control of the arms, OR
3. may kill or cause bodily injury to any person, OR
4. Under the DV Act 1995 a P.O. or P.S.O is in force against the person OR There are grounds to make an application against him/her for a P.O.

Question 7

Revocations and refusals - The NZ Police Arms Manual.

Section 18 - Warrantless searches associated with arms. Under 18(3) S and S Act 2012 a constable may, without a warrant enter a place or vehicle, search it, seize any arms or licence under the Arms Act 1983 found there, and detain arms or licence if RGTS that there are arms in that place or vehicle under what category offences and what Act?

Answer 7

Category 3 or 4 offences, OR

Arms Act 1983 offences has been committed, or is being committed, or is about to be committed, OR

May be evidential material in relation to Category 3 or 4 offences or Arms Act 1983 offences.

Question 8

Revocations and refusals - The NZ Police Arms Manual.

Section 18 - Warrantless searches associated with arms. Under s18(1) a constable who has RGTS that any 1 or more of s18(2) exist in relations to a person may, w/o warrant, do any or all of the following? (5)

Answer 8

1. Search the person.
2. Search anything on the persons’ possession or under his or her control (including a vehicle)
3. Enter a place or vehicle to carry out both the above.
4. Seize and Detain any F/A found.
5. Seize and detain any licence under the Arms Act 1983 that is found.