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Arms Bill

Licences and approvals - Expiry, surrender, suspension, and revocation of licences - Suspension of licences

145: When licence may be suspended

You could also call this:

"When Your Firearms Licence Can Be Taken Away Temporarily"

Illustration for Arms Bill

The chief executive can suspend your firearms licence if they think you are not a fit and proper person to have one. This can happen if you have not followed the conditions of your licence or if you have been given an improvement notice under section 181 or an infringement notice under section 276. You will get a written notice telling you your licence is suspended. The suspension will continue until the chief executive decides whether to cancel your licence. If they do not make a decision within a certain time, the suspension will end. The time limit is 90 days for most suspensions, but it can be 12 months if the suspension is because of a notice from a health practitioner under section 361. The notice of suspension will tell you the date it starts, which licence it applies to, and why it is being suspended. It will also tell you that you can make a submission about why your licence should not be cancelled. You may be required to give up your licence and any firearms or ammunition you have. You must not do anything that requires a licence while your licence is suspended, or you could commit an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533769.

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146: When licence must be suspended, or

"When Your Gun Licence Can Be Taken Away"

Part 3Licences and approvals
Expiry, surrender, suspension, and revocation of licences: Suspension of licences

145When licence may be suspended

  1. The chief executive may, by written notice to the holder of a licence, suspend the licence if satisfied that 1 or more of the following apply:

  2. the holder is not a fit and proper person to be in possession of any standard firearm or airgun, which includes a case where—
    1. the holder has failed to comply with any conditions imposed on their licence; or
      1. the holder has failed to comply with an improvement notice issued under section 181; or
        1. the holder has been issued an infringement notice under section 276; or
          1. the chief executive is so satisfied on the basis of a notice given under section 361 by a health practitioner; or
            1. the licence has been seized under section 18 of the Search and Surveillance Act 2012:
            2. the licence holder is not a fit and proper person to hold the licence (see sections 69, 83, 100, and 123):
              1. access to any standard firearm or airgun in the possession of the licence holder is reasonably likely to be obtained by—
                1. a person whose application for a firearms licence has been refused; or
                  1. a person whose firearms licence has been revoked; or
                    1. a person who, in the opinion of the chief executive, is not a fit and proper person to be in possession of a firearm, an airgun, or ammunition; or
                      1. a person, other than the licence holder, whose firearms licence has been suspended.
                      2. The suspension of a licence continues until notice of the decision as to whether to revoke the licence is given to the holder but, if notice is not given within the period specified in subsection (3), the suspension ends with the close of that period.

                      3. The period referred to in subsection (2) is—

                      4. 90 days if the licence is suspended under any provision of subsection (1) other than subsection (1)(a)(iv):
                        1. 12 months if the licence is suspended under subsection (1)(a)(iv).
                          1. A notice of suspension of a licence must specify—

                          2. the date on which the suspension begins; and
                            1. the licence that the notice applies to; and
                              1. that, if the person holds both a firearms licence and a business licence, the suspension of their firearms licence also suspends their business licence; and
                                1. the ground on which the notice is given; and
                                  1. that the suspension is to enable the chief executive to consider revoking the licence on the specified ground; and
                                    1. that the holder may, at any time before a day stated in the notice, make oral or written submissions on whether the licence should be revoked on the specified ground; and
                                      1. the period for which the suspension may continue; and
                                        1. that the effect of the notice is that the holder is treated as not holding the licence for the purposes of this Act until a final determination on revocation of the licence is made (see sections 147 to 150); and
                                          1. that the holder may commit an offence if the holder carries on any activities that require the holder to be licensed under this Act; and
                                            1. that the holder may be required immediately, or before a date specified by the chief executive, to surrender to a member of the Police, the chief executive, or an officer of the Arms Regulator—
                                              1. their licence; and
                                                1. all arms items and ammunition in their possession.
                                                2. The day stated under subsection (4)(f) must not be sooner than, in the opinion of the chief executive, is reasonable to enable the holder to prepare and make submissions.