Citation(s) from the GunPolicy.org literature library
New Zealand. 2021 ‘Section 60A.’ Arms Act 1983: September 2021 Reprint; Section 60A. Wellington: New Zealand. 26 September
Relevant contents
60A Temporary suspension of licence pending possible revocation
(1) A member of the Police may, by notice in writing to the holder of a firearms or dealer's licence, temporarily suspend the licence if satisfied that 1 or more of the following apply:
(a) the holder is not a fit and proper person to be in possession of any firearm or airgun, which includes a case where—
(i) the holder has failed or refused to secure any arms items or ammunition in the person's possession in accordance with regulations made under this Act; or
(ii) the holder has failed to comply with any conditions imposed on their licence; or
(iii) the holder has failed to comply with an improvement notice issued under section 60; or
(iv) the member of the Police is so satisfied on the basis of a notice given under section 92 by a health practitioner; or
(v) the licence has been seized under section 18 of the Search and Surveillance Act 2012:
(b) the holder, being the holder of a dealer's licence, is not a fit and proper person to hold a dealer's licence:
(c) access to any firearm or airgun in the possession of the holder is reasonably likely to be obtained by—
(i) a person whose application for a firearms licence has been refused; or
(ii) a person whose firearms licence has been revoked; or
(iii) a person who, in the opinion of a member of the Police, is not a fit and proper person to be in possession of a firearm or an airgun or ammunition; or
(iv) a person, other than the holder, whose firearms licence has been temporarily suspended.
(2) A notice of temporary suspension of a licence must state—
(a) the ground on which the notice is given; and
(b) the licence that the notice applies to; and
(c) that if the person also holds a dealer's licence, their dealer's licence will also be suspended while that firearms licence is suspended; and
(d) the date on which the suspension begins; and
(e) that the suspension is to enable the Police to consider revoking the licence on that ground; and
(f) 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 that ground; and
(g) that the suspension lasts until notice of the decision as to whether to revoke the licence is given to the holder but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period; and
(h) 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 60B and 60C); and
(i) 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
(j) that the holder may be required immediately or before a date specified by a member of the Police to surrender to Police the holder's licence and the arms items and ammunition in the holder's possession.
(3) The day stated under subsection (2)(f) must not be sooner than, in the opinion of the Police, is reasonable to enable the holder to prepare and make submissions.
[As amended by Section 89 of the Arms Legislation Act (2020)]