13 October 2025
An updated policy is now in effect to clarify the way the firearms regulator Te Tari Pūreke-Firearms Safety Authority takes account of driving incidents, when it makes assessments of a person’s fit and proper status to hold a firearms licence.
The updated policy restores a previous position and reinforces safeguards, to ensure that data held by Police continues to be used appropriately. Revised operational guidance for Authority staff is now in place.
“The Authority has concluded that a modification to the previous policy made in September 2024 was based on a misunderstanding. It was based on a mistaken belief that firearms staff were wrongly using NZTA data, when in fact they were using Police data from the Police Infringement Processing System,” says the Authority’s Business Transformation director, Superintendent Richard Wilson.
The underlying principles of making an assessment of fit and proper status did not change and remain in place. Decisions must be logical, evidence-based, impartial, robust and able to withstand judicial review, proportionate to risk, and consistent with the law.
Section 24A(2)(c) of the Arms Act enables decision makers to take account of any information they consider relevant, which can include any offending or infringements, including driving incidents and driver’s licence suspensions.
“The final consideration in the fit and proper assessment requires a review of the totality of the specific behaviour or offending by the licence holder, in the context of the purposes and principles of the law, in order to reach a fair and justifiable decision,” says Superintendent Wilson.
ENDS.
Note to Editors:
Traffic-related offending, like all offending, can be relevant to fit and proper assessments, especially where there has also been an escalation of criminality, non-compliance, or risk of harm to personal or public safety over a prolonged period.
This information is available in the Police database NIA, which is the principal source of Police information used by firearms vetting staff. It includes offending that has led to infringement fines and suspensions, as well as charges and convictions.
Additional information about traffic-related offences is held in the Police Infringement Processing System. The system may be accessed by firearms staff when appropriate.
The safeguards in the updated policy include explicit guidance to staff that emphasises that decisions must follow long-standing compliance principles. These require decisions to be logical, evidence-based, impartial, robust and able to withstand judicial review, proportionate to risk, and consistent with the law.
When determining whether traffic infringement information is relevant, decision makers should consider the seriousness of the conduct, the circumstances of the offending, and the totality of the behaviour.
Relevant factors may include if drugs or alcohol were involved, the risk of harm, how recently the matter occurred, whether the conduct is frequent, or if there is an escalating pattern of offending.
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