Funding Enquiry – Independent Research into Firearms Licensing and Administrative Justice

Dear Borrin Foundation,

I am writing on behalf of We Review the Crown to enquire whether the Foundation would consider supporting an independent legal research project examining firearms licensing, administrative decision-making and access to justice in New Zealand.

Our work involves reviewing primary-source records arising from interactions between individuals and public authorities, with particular emphasis on whether statutory powers, procedural safeguards, evidential requirements and review mechanisms are operating as intended.

Through this work, we have identified a developing body of firearms-related material raising recurring questions about licensing, suspension, revocation, search, seizure, disclosure and access to effective review.

We therefore propose a structured research project examining how firearms-related statutory decision-making operates in practice.

The central research question would be:

Are firearms licensing and enforcement decisions in New Zealand being made consistently, transparently, on an adequate evidential foundation, and with appropriate procedural safeguards and access to independent review?

The research would examine:

• the evidential basis for licence suspension, revocation and restriction decisions;

• the practical application of the “fit and proper person” assessment;

• disclosure of adverse information and the opportunity for affected individuals to respond;

• the treatment of allegations, pending charges, withdrawn charges and other untested information within licensing decisions;

• search, seizure, retention and return of firearms and associated property;

• consistency of decision-making across comparable cases;

• access to statutory review, appeal and judicial oversight;

• the effectiveness of current and emerging firearms review mechanisms;

• the financial and practical consequences of regulatory decisions, particularly where those decisions are subsequently reversed or materially altered.

The project would combine statutory and case-law analysis with examination of primary-source records, including licensing decisions, correspondence, disclosure material, warrants, inventories, court records and review outcomes.

Importantly, the research would not begin from a predetermined conclusion.

Its purpose would be to identify both examples of sound administrative practice and areas where evidence, procedure, consistency or accountability may require improvement.

We consider that maintaining this independence is essential to producing research capable of being relied upon by lawyers, researchers, policy-makers, decision-makers and the wider justice sector.

Proposed outputs could include:

• a substantive legal research report;

• anonymised case studies;

• a structured database of relevant decisions, statutory provisions and authorities;

• analysis of recurring procedural and evidential issues;

• recommendations for improving consistency, transparency and access to review;

• publicly accessible educational material explaining the relevant legal framework.

We already hold a developing collection of primary-source material from New Zealand firearms-related proceedings and regulatory processes, providing a practical evidential foundation from which this research could be developed.

Subject to funding and appropriate governance, we would also seek independent legal and/or academic oversight to strengthen the methodology and integrity of the final work.

We would be grateful for an indication as to whether this project falls within the Foundation’s funding priorities.

If it does, we would be pleased to provide a detailed research proposal setting out the methodology, governance arrangements, proposed outputs, timetable and budget.

Kind regards,

Tracy Lynch

We Review the Crown