B v The Commissioner of Police, 2012 DC Auckland, Sharp DCJ
This was a successful appeal under section 62 of the Arms Act 1983 against an official police decision in regards to “lifting of revocation”. DC Judge Sharp gave a minuted ruling in regards to this matter on 15 February 2012 in open court.
In summary, she noted the removal of the applicant's firearms licence and firearms on 20 December 2006 was unlawful.
The revocation of the applicant's firearms licence on 15 February 2008 was upheld, however the refusal by the police to “lift” the revocation to allow the applicant to reapply for a firearms licence is unlawful and has no statutory basis. The ruling has altered the interpretation of s 49(a) of the Arms Act 1983 from what was previously believed, in that revocation is a one-off event and is then completed.
A fresh application for a firearms licence has to be made at the Arms Office closest to the person’s home or work and a decision must be made by the local Arms Officer. She ruled that the police practice of deferring the decision to a commissioned officer where a person has previously had their licence revoked is unlawful and has no statutory basis. It would only apply if that commissioned officer worked in the particular local Arms Office.