Secondhand Dealers and Pawnbrokers Act 2004

Licences and certificates - Certificates: how to get them

27: Hearing into Police objection

You could also call this:

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

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

If the Police object to you getting a certificate, there will be a hearing. The hearing will follow rules from the Commissions of Inquiry Act 1908. You can appear at the hearing in person or with a lawyer. The Police can also be represented by a constable or a lawyer at the hearing. You or your lawyer can speak on your behalf. After the hearing, a Licensing Authority will decide whether to agree with the Police objection or not. A Licensing Authority will make a decision after listening to both sides. They will decide whether to uphold or dismiss the Police objection. This means they will choose to either agree with the Police or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305193.

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Part 2Licences and certificates
Certificates: how to get them

27Hearing into Police objection

  1. For the purpose of conducting a hearing into a Police objection, sections 4 to 12 of the Commissions of Inquiry Act 1908 apply with any necessary modifications as if a Licensing Authority were a Commission appointed under that Act and as if the hearing were an inquiry held under that Act.

  2. Without limiting subsection (1), at a hearing before a Licensing Authority,—

  3. the Commissioner of Police may be represented by any constable or by counsel; and
    1. the applicant may appear in person or be represented by counsel, or both.
      1. At the conclusion of the hearing, a Licensing Authority must determine whether to uphold or dismiss the Police objection.

      Notes
      • Section 27(1): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 27(2): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 27(2)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 27(3): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).