The Council of Licenced Firearms Owners (COLFO) is taking its legal battle against the Minister of Police to the Court of Appeal.

The appeal follows a High Court decision last month that stated the Government can’t take away individuals’ property without compensation, but that Parliament nevertheless decided to do so with ammunition.

COLFO took the case against the Minister of Police over an Arms Order which banned several classes of ammunition. Unlike other firearms confiscation and compensation, affected individuals received no financial reimbursement.

COLFO Chairman Michael Dowling says the group is appealing the case because judgement was close, hinging only on whether Parliament had intended no compensation for ammunition.

"The High Court found the Minister of Police was given incorrect advice that deprived thousands of New Zealanders of their lawfully purchased property without compensation.

“The judgment was very clear that when Parliament decides to deprive New Zealanders of specific rights to property, they need to consider how they will compensate them.

“The Judge thought there were signs that Parliament intended not to compensate, but we think their intention is far from obvious.”

Dowling says the High Court judgment shows that the Minister used a blunt legislative instrument to ban the ammunition in the first place. As the High Court found, the decision to ban certain types of ammunition was not based on the mosque attacks or community safety.

“The Minister of Police has been given tremendous executive power to ban firearms and ammunition as he sees fit, and without the usual oversight of Parliament that the New Zealand public expect. It has got to change,” says Dowling.

Dowling says that the Police Minister’s unilateral banning of the ammunition should be fought as a matter of principle.

“This case has quickly become about more than upholding the rights of licenced firearm owners. It raises a question for all New Zealanders: can the government ban or confiscate your property at will, without providing any compensation?”

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