Arms Act 1983

Miscellaneous provisions - Appeals

62C: Further provisions relating to appeals

You could also call this:

"What happens next if you appeal a decision about your gun licence"

Illustration for Arms Act 1983

You can appeal a decision under section 62B, but even if you win, a Police officer can still cancel your licence or permit. They can do this if they find new facts or evidence that are good enough to support their decision. The District Court Judge's decision on an appeal is final, except in certain situations. You must follow the rules in this Act, even if you are waiting for a review or an appeal to be decided. You cannot use the fact that you have applied for a review under section 62, or that you have appealed under section 62B, as a reason not to follow the rules. The rules apply to you, no matter what stage your appeal is at. A Police officer's decision to cancel your licence or permit can be made at any time, as long as they have good reasons for it. The District Court Judge's decision is final, unless something new comes up, or unless section 64 applies. You have to keep following the rules, even if you are waiting to hear about your appeal under section 62B, or a review under section 62.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS440502.

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Part 9Miscellaneous provisions
Appeals

62CFurther provisions relating to appeals

  1. Despite the fact that any appeal under section 62B may have been determined in favour of the appellant, any commissioned officer of Police, in the exercise of powers conferred on the officer by this Act, may, subject to the like right of appeal, revoke any licence or permit to which the appeal related, or any licence or permit granted in compliance with the decision of the District Court Judge on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

  2. The decision of the District Court Judge on any appeal under section 62B is final and conclusive, subject to subsection (1) and to section 64.

  3. No person is excused from complying with any of the provisions of this Act on the ground that—

  4. the person has applied for a review under section 62 and the review is pending; or
    1. the person has appealed under section 62B and the appeal or the decision on the appeal is pending.
      Notes
      • Section 62C: inserted, on , by section 90 of the Arms Legislation Act 2020 (2020 No 23).