Secondhand Dealers and Pawnbrokers Act 2004

Licences and certificates - Certificates: how to get them

26: What happens if Police object to applicant

You could also call this:

"What happens if the Police say no to your application?"

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

If the Police object to your application, you can ask for a hearing in person with a Licensing Authority. You must ask in writing and pay any prescribed fee within 15 working days of getting the notice of objection. You can also make written submissions to a Licensing Authority within 15 working days. If you ask for a hearing, the Licensing Authority will arrange a time and place for it under section 27 and give you and the Police at least 10 working days' notice. The Licensing Authority will decide whether to uphold or dismiss the Police objection based on the written material. If you do not ask for a hearing, the Licensing Authority may still require you to attend one. The Licensing Authority must follow certain rules when deciding what to do with the Police objection. You can find more information about these rules in section 23 and section 27. The Licensing Authority will make a decision based on the information they have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305192.

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27: Hearing into Police objection, or

"A Hearing to Discuss the Police's Concerns About Your Certificate"

Part 2Licences and certificates
Certificates: how to get them

26What happens if Police object to applicant

  1. An applicant who receives a copy of a Police objection may—

  2. request a hearing in person before a Licensing Authority on whether to dismiss or uphold the objection, in which case the request must be—
    1. in writing and accompanied by any prescribed fee; and
      1. received by the Licensing Authority within 15 working days of the date on which the notice of objection was sent; or
      2. make written submissions to a Licensing Authority, in which case the submissions must be received by the Licensing Authority within 15 working days of the date on which the notice of objection was sent.
        1. If an applicant requests a hearing in person,—

        2. if the applicant is also disqualified from holding a certificate, a Licensing Authority may not hold a hearing on the Police objection until after he or she has made a decision under section 23 on whether to waive the disqualification; and
          1. if the applicant is not disqualified from holding a certificate, a Licensing Authority must arrange a time and place for the hearing under section 27 and give the Commissioner of Police and the applicant at least 10 working days’ written notice of it.
            1. If an applicant sends written submissions to a Licensing Authority, or if a Licensing Authority has not heard from the applicant within 15 working days of the date on which the notice of objection was sent, the Authority must, on the basis of the written material before him or her, determine whether to uphold or dismiss the Police objection.

            2. If the applicant is not disqualified from holding a certificate and does not request a hearing in person, a Licensing Authority may require the applicant to attend a hearing in person.

            3. If a Licensing Authority requires a hearing in person, it must—

            4. arrange a time and place for the hearing under section 27; and
              1. give the Commissioner of Police and the applicant at least 10 working days’ written notice of the hearing.
                Notes
                • Section 26(1)(a): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(1)(a)(i): amended, on , by section 283(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(1)(a)(ii): amended, on , by section 283(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(1)(b): amended, on , by section 283(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(1)(b): amended, on , by section 283(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(2)(a): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(2)(b): amended, on , by section 283(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(2)(b): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(3): replaced, on , by section 283(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(4): inserted, on , by section 283(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 26(5): inserted, on , by section 283(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).