Police v Cottle - [1986] 1 NZLR 268

Burden of proof — Criminal law  — Appeal — Firearms licence — Appeal to District Court Judge by unsuccessful applicant for a firearms licence — Whether onus on police to prove that applicant was not a fit and proper person to hold a firearms licence — Arms Act 1983, s 24(1).

Evidence — Admissibility — Hearsay — Police declined application for firearms licence and applicant appealed to District Court Judge — Whether Judge could receive hearsay evidence on applicant's fitness to hold a licence — Whether details of applicant's character could be included as evidence — Arms Act 1983, s 24(1).

Practice and procedure — Appeals to District Court — Nature of an appeal under Arms Act — Appeal by way of originating application from police refusal to grant a firearms licence — Whether District Court Judge was entitled to conduct the appeal as a hearing de novo — Arms Act 1983, s 62.