Thread: Firearms Storage Inspection ....

for legislation go to:New Zealand Legislation

for NZ case law go to NZLII Document Collections

Remember that it's the Case Law that is important - this is where Judges have created precedent, and a specific interpretation, or meaning to a section of law has been reached.

In other words, whilst it's brilliant that we're all dashing off to 'learn' our copy of the Act, it's that background understanding of relevant case law (in particular the arguments both FOR and AGAINST) that we need to be mindful of.

A trap for young players is to read a section of an Act and apply 'your' interpretation, or meaning to that section. Case Law can be quite different - it can be fascinating - or scary depending on your case.

That's the whole point of a trail process - it allows the arguments for meaning and interpretation to be heard, and the Judge eventually decides who'se argument was strongest.

Sorry if that sounds patronising guys - I've faced-off far too often to Law Students who think they know it all, and in reality only know the bones of an Act with no Case Law background.

What confuses the whole thing for non-legals is strict, or absolute-liability offences. For example speeding. Either you're doing 11kph over the limit, or you're not. Guilty. Even an ignorance defence might not stack up.

Firearms law is a a wonderful mixture - and because we're accustomed to often having the 'law' presented to us by a Police Officer, they are quite naturally inclined to present it as a strict liabilty offence. That's why you guys are correct in saying but, but, but.

but - the argument will be likely won only if presented as a true Case-Law based argument, as opposed to an opinion, or interpretation based argument.

The Judge has the last word! We have to think the way he/she might think!