Arms Act 1983

62 Right of appeal from official decisions

• (1) Any person—

  • (a) whose application for—

    • (i) a dealer's licence; or

    • (ia) consent under section 7A; or

    • (ii) a permit for the purposes of section 16(1); or

    • (iii) a firearms licence; or

    • (iv) an endorsement under section 30 or section 30B or section 36; or

    • (v) a permit under section 35, to procure a pistol, military style semi-automatic firearm, or restricted weapon,—

    has been refused; or

  • (b) whose—

    • (i) dealer's licence; or

    • (ii) permit for the purposes of section 16(1); or

    • (iii) firearms licence; or

    • (iv) endorsement under section 30 or section 30B or section 36; or

    • (v) permit, under section 35, to procure a pistol, military style semi-automatic firearm, or restricted weapon,—

    has been revoked or has been issued subject to conditions imposed by a member of the Police; or

  • (c) who has been served with a notice under section 41 or section 59,—

  may, by way of originating application, appeal to a District Court Judge from the refusal to grant any such licence or permit or from the revocation of any such licence or permit or against the imposition of the conditions or against the giving of the notice, as the case may be.

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

  (3) Where—

  • (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  • (b) a firearms licence has been revoked on the ground set out in section 27(1)(b)—

  the District Court Judge may, notwithstanding that he finds any such ground established, vary or reverse the decision appealed against if he is 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.

  (4) Notwithstanding that any appeal under this section may have been determined in favour of the appellant, any commissioned officer of Police, in exercise of the powers conferred on him by this Act, may, subject to the like right of appeal, revoke any licence or permit to which the appeal related or any licence or permit granted in compliance with the decision of the District Court Judge on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

  (5) Subject to subsection (4) and to section 64, the decision of the District Court Judge on any appeal under this section shall be final and conclusive.

  (6) No person shall be excused from complying with any of the provisions of this Act on the ground that an appeal is pending under this section.

  Compare: 1958 No 21 s 14; 1974 No 68 s 6; 1976 No 151 s 8

  Section 62(1)(a)(ia): inserted, on 1 November 1992, by section 28(1) of the Arms Amendment Act 1992 (1992 No 95).

  Section 62(1)(a)(iv): substituted, on 1 November 1992, by section 28(2) of the Arms Amendment Act 1992 (1992 No 95).

  Section 62(1)(a)(v): substituted, on 1 November 1992, by section 28(2) of the Arms Amendment Act 1992 (1992 No 95).

  Section 62(1)(b)(iv): substituted, on 1 November 1992, by section 28(3) of the Arms Amendment Act 1992 (1992 No 95).

  Section 62(1)(b)(v): substituted, on 1 November 1992, by section 28(3) of the Arms Amendment Act 1992 (1992 No 95).