This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Arms Bill

Miscellaneous provisions - Appeals

341: Appeals to District Court

You could also call this:

"Appealing a firearms licence decision to the District Court"

Illustration for Arms Bill

If a decision is made about you, you can appeal to the District Court. You can appeal against a decision to refuse or revoke a licence or permit. You can also appeal if you get a notice under section 138 or 334. You make an appeal by applying to a District Court Judge. The Judge can confirm, vary, or reverse the decision. The Judge's decision is final, unless section 343 says otherwise. If your firearms licence was refused or revoked because someone might get access to your firearm, the Judge can still vary or reverse the decision. This can happen if you can show that you have taken steps to stop that person getting access to the firearm. You must still follow the rules while you are waiting for the appeal to be decided.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534099.

This page was last updated on View changes


Previous

340: Forfeitures, or

"What happens to guns and ammo if you break the law"


Next

342: Appeal in respect of compensation, or

"Challenging the amount of money you get for a taken arms item"

Part 8Miscellaneous provisions
Appeals

341Appeals to District Court

  1. A person who is the subject of any of the following decisions may appeal against the decision:

  2. a decision by the chief executive to refuse an application for any of the following:
    1. a business licence:
      1. a consent to conduct an arms activity at a place of business other than the place of business in respect of which a business licence is issued:
        1. a curator licence:
          1. a museum worker licence:
            1. an approval to be an ammunition seller:
              1. an endorsement:
                1. a permit to import:
                  1. a permit to possess:
                    1. a certificate of approval for a pistol shooting club under section 211:
                      1. a certification of a pistol shooting range under section 226:
                        1. an enrolment of a non-pistol shooting club under section 222:
                          1. an enrolment of a non-pistol shooting range under section 238:
                          2. a decision by the chief executive to issue subject to conditions, or to revoke, any of the following:
                            1. a business licence:
                              1. a curator licence:
                                1. a museum worker licence:
                                  1. an approval to be an ammunition seller:
                                    1. an endorsement:
                                      1. a permit to import:
                                        1. a permit to possess:
                                          1. a certificate of approval for a pistol shooting club under section 211:
                                            1. a certification of a pistol shooting range under section 226:
                                              1. an enrolment of a non-pistol shooting club under section 222:
                                                1. an enrolment of a non-pistol shooting range under section 238:
                                                2. a decision of the Firearms Licensing Review Committee.
                                                  1. A person who has been served with a notice under section 138 or 334 may appeal against the requirement in the notice.

                                                  2. The chief executive may appeal against a decision of the Firearms Licensing Review Committee.

                                                  3. An appeal under this section is made to a District Court Judge by an originating application.

                                                  4. On hearing an appeal under this section, the District Court Judge may confirm, vary, or reverse the decision appealed against.

                                                  5. Subsection (7) applies if—

                                                  6. an application for a firearms licence has been refused on the ground set out in section 70(2); or
                                                    1. a firearms licence has been revoked on the ground set out in section 151(2).
                                                      1. If this subsection applies, the District Court Judge may, even though the Judge finds that ground established, vary or reverse the decision appealed against if satisfied that, since the decision was given, adequate measures have been taken to deny access to the firearm to the person whose likelihood of access to it was the basis of the refusal or revocation.

                                                      2. Subject to section 343, the decision of a District Court Judge is final and conclusive.

                                                      3. A person is not excused from complying with any of the provisions of this Act on the ground that they have lodged an appeal and the appeal or the decision on the appeal is pending.