New Zealand Acts

ARMS ACT 1983 - SECT 62B

62B Right of appeal to District Court

1 A person who is the subject of a decision referred to in paragraph (a) or (b) or is a person described in paragraph (c) may, by way of originating application, appeal to a District Court Judge against the decision as follows:

a) a decision to refuse an application for any of the following:

i) a dealer’s licence:

ii) consent under section 7A :

iii) a permit for the purposes of section 16(1) :

iv) a firearms licence:

v) an endorsement under section 30, 30B, or 36 :

vi) a permit under section 35 to possess a pistol or restricted weapon:

vii) a permit under section 35AAA to possess a pistol carbine conversion kit:

viii) a permit under section 35A to possess a prohibited item:

ix) a certificate of approval for a shooting club under section 38G :

x) certification of a shooting range under section 38P :

b) a decision to issue subject to conditions imposed by a member of the Police, or to revoke, any of the following:

i) a dealer’s licence:

ii) a permit for the purposes of section 16(1) :

iii) a firearms licence:

iv) an endorsement under section 30, 30B, or 36 :

v) a permit under section 35 to possess a pistol or restricted weapon:

vi) a permit under section 35AAA to possess a pistol carbine conversion kit:

vii) a permit under section 35A to possess a prohibited item:

viii) a certificate of approval for a shooting club under section 38G :

ix) certification of a shooting range under section 38P :

c) a person who has been served with a notice under section 59 or 66C .

2 However, in the case of a decision to which section 62 applies, a person has no right of appeal under this section unless the person has—

a) first applied under section 62 for a review of the decision; and

b) been notified of the reviewer’s decision.

3 On hearing an appeal under subsection (1), the District Court Judge may, subject to subsection (5), confirm, vary, or reverse the decision appealed against.

4 Subsection (5) applies if—

a) an application for a firearms licence has been refused on the ground set out in section 24(2) ; or

b) a firearms licence has been revoked on the ground set out in section 27(2) .

5 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.

History: Section 62B: inserted, on 24 December 2020, by section 90 of the Arms Legislation Act 2020 (2020 No 23).