Subscribe to NZGUNS

Register and subscribe to view unlimited premium content.

Fair and Reasonable Update: Court, Day 1

By Nicole McKee, COLFO

I’m now out of our first day of hearings and a “Zoom” meeting with our lawyers. Of course a result is impossible to predict, and I make this observation as a non-lawyer, but it appeared Justice Cooke really engaged on the arguments we made.


The Judge certainly made our QC earn his fee! The whole day was full of detailed legal questions and clarifications from the Judge as Jack Hodder QC presented our case. It wasn’t until 4:30pm that we finished our case and the Crown began its defence.


The Court spent most of the day discussing the issue of compensation and whether Stuart Nash had the ability to provide compensation for banned ammunition.


Our argument is largely that there is a common law right to compensation when you are deprived of your property rights - an important issue that goes well beyond the question of compensation for ammunition.


There was a detailed discussion on the case law for the principle - our case is that it does not matter that possession was criminalised (rather than in most of the cases, which are about Government confiscating property), compensation must still be made. If you are interested you can read our written submissions here.


“Our argument is largely that there is a common law right to compensation when you a deprived of your property rights - an important issue that goes well beyond the question of compensation for ammunition.”


The Judge was also looking at the intent of Parliament closely - what did Parliament intend to ban, how much decision-making power did MPs intended to give to the Minister, and whether Parliament considered the issue of compensation.


As Parliament is the ultimate decision-maker, what MPs were looking at when they gave the Police Minister the ability to prohibit certain types of ammunition is key.


This afternoon the Court looked at the detail of the types of ammunition that were banned - focusing on enhanced penetration and tracer. There is a lot of detail, including evidence from our expert witnesses, in our submissions. What is clear is that the Police Minister did not seek to make a decision that would make us any safer.


Stuff and Radio NZ had journalists in court/watching via private video link. You can read the Stuff coverage here, and listen to the Radio NZ story here.


Once the Crown’s lawyers have finished presenting their oral arguments, our lawyers get a right of reply.


I’ll update you again tonight.


Thank you again for making this effort possible.


Nicole McKee


Fair and Reasonable Campaign

Fair and Reasonable

PO Box 24020,

Manners Street,

Wellington 6142,

New Zealand


Keep up with Fair and Reasonable on Facebook.


Please Sign in or Register to comment

More in Associations

community firearms law

Fair and Reasonable Update: Court, Day 2

By Nicole McKee, COLFO

A shorter day that was focused on the Crown’s response, and the reply from our QC Jack Hodder...

community hunting

GAC Update: Safe domestic travel should be considered at Level 2

By NZ Game Animal Council

The New Zealand Professional Hunting Guides Association and Game Animal Council are joining...

More from NZGUNS

archives red deer south island

Pyke River Roar

By James Passmore

This is real deer country, right from the start of the bush edge. The walk is soft, the direction is constant...

archives kaimanawas sika

Sika Hunting Tips & Info: Kaimanawas; Thunderbolt Stream, Mar/Apr 2017

By Nik Maxwell

At last! Work was out of the way, there was a clear weather window...

accuracy reloading

Sierra Rifle & Handgun Reloading Data Edition VI

By Chaz Forsyth

So how the heck do you review a handloading manual? I've had the fortune to look at a lot of manuals...

A new version of this app/site is available. Click here to update.