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Gun Confiscation Update

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Fair and Reasonable
Last night I met with the lawyers again to discuss what Parliament is doing on the Arms Legislation Bill and our court case against Stuart Nash and the Government.

This Court case is our one chance to have Stuart Nash and Jacinda Ardern’s unfair decisions reviewed by the Courts before the election.

Now that the Parliamentary vote is so tight, the case is even more important to demonstrate to New Zealanders why what the Government is doing is wrong.

The judicial review is designed to enlist NZ First, National, and ACT, in reinstating what was once unchallenged principle: that taking away property rights and creating serious punishment overnight, is wrong. NZ First is the key.

Because the Select Committee heard and found nothing to justify most of this second instalment, there is no reason why NZ First can’t tell their Cabinet colleagues they just won’t allow last year’s tragedy in Christchurch to be exploited. NZ First knows that the Bill attacks lawful firearms users, not criminals. They know the Bill has scarcely a single provision relevant to stopping terrorists or other criminal shooters (whether mad or bad).

But turning around a political juggernaut is hard. Politicians in a democracy respond to majority opinion. And as you’ve seen over the last eight months, we have been working furiously to ensure the public can look behind the slogans they heard at a vulnerable time last year.

So to win, we have to ensure there is enough media and public understanding of the facts so that (1) NZ First blocks the own goal aspects of the Bill, and (2) National also feel confident of enough public understanding to agree with (and support) any NZ First-led initiative.

Our Court case is an essential part of the campaign to show how wrong the Police advice has been, and how unprincipled. Media and other opinion leaders can start with prejudice, but they trust courts to be objective.

In Court for two days starting May 4

We have just been given the Court timetable: two days starting on 4 May at the High Court in Wellington (the Monday and Tuesday immediately following duck shooting opening weekend).

We have a strong case. We’ve chosen to take on the government on the set of facts where Stuart Nash and Jacinda Ardern are at their weakest. Our QC is getting ready to represent us.

We’ve asked the Court to look at the Government’s process in the banning of ammo. Because their ammo definitions have absolutely nothing to do with safety. Stuart Nash just applied Police prejudices, unsupported by research or disciplined risk assessments.

Worse, they denied compensation completely, as if people with banned ammo became wrong-doers overnight.

So we are focused on this aspect, as our lawyers are confident that this route is the best demonstration of the Government’s lack of reason in poor processes by the Minister and the Police. But many of the principles and objections apply to the Government’s approach in other areas.

Before the hearing, our team needs to finish gathering our evidence – including from international experts. We want to lodge affidavits from them, reply to the Government’s evidence, make written legal submissions and cross submissions.

We are asking the court to recognise that a Minister without good reason to know it would make people safer, should get told to start again, and next time to offer fair compensation, or explain why not.

The Government’s approach was designed to create a ‘them and us’ climate in New Zealand – to exploit an opportunity to create fear of firearms and of firearm owners. Winning this case makes it easier for sensible, decent people, who know little of firearms, to approve of their MPs cutting back on the toxic stuff in the Bill. It makes it more respectable to sympathise with our cause. Winning the case should get, at a minimum, a Judge to tell the Government to go back to the drawing board, at least on the ammo decisions.

And that is all part of the bigger, unending, campaign to ensure that for the foreseeable future, politicians are not tempted to think it will be easy to win votes by vilifying lawful firearms users.

Winning this case is a vital part of the strategy to cement in place a widespread Wellington understanding that lying about firearms users will cost more, politically, than it is worth. Because we will not lie down and take it. We will make the truth known.

Thank you for your support, and making this effort possible.

Nicole McKee
Spokesperson
Fair and Reasonable Campaign

ps. If you know of others who might be willing to join you in financially supporting this campaign – ask them to chip-in to our legal fighting fund here: http://www.fairandreasonable.co.nz/donate_legal_fund

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4 COMMENTS

  1. Timing will be important given the possibility the government will attempt to pas the second tranche of legislation prior to the 15th March Anniversary. The Select Committee Report showed the intention to proceed regardless of the weight of submissions against doing so.

    A preventative action, I am not sure what that is but perhaps a move by the NZF coalition partner calling a halt to process pending that court hearing and decision, is perhaps necessary to prevent further precipitate action by the government taking action to pass the currently planned legislation before the Court decision is promulgated.

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  2. You say
    “The judicial review is designed to enlist NZ First, National, and ACT, in reinstating what was once unchallenged ”

    It is nice to see you credit Notional with some decency.
    I would not.
    They are the bastards that vote in the 119 against 1 in so much legislation.
    They are not an opposition.
    Notional under Bridges have been Labour stooges, Labour Lite and Robertson/Little glove puppets.

    It would be amazing to see these chinless wonders stand up for New Zealanders because I can’t remember it happening so far in the last 2 years. They sell us out to the UN with a raspberry flavour rather than the chocolate flavour of Labour or (s)lime flavour of Gweens.
    Q. Did Notional stand up for free speech in mid 2018. Brash; Canadians – Southern and Molyneux?
    Answer : Hell NO

    The dweeby hint of tax cuts is more garbage from the party that sold us out last year over guns, immigration, and climate lies. Handing over our future to the UN to control.
    Notional have a track record under dweeb Bridges of telling us they disagreed with the legislation but voted for it anyway then some vague lies about how they will sort it out later.
    Be careful with these slippery wet noodles.

    I will make a donation.
    May the 4th go well for you.
    Good work Nicole McKee.
    Better you deal with these slippery critters than I .

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  3. Shortly, after 15 March 2019 I donated $100 to COLFO. There is no way I would donate more to this pointless court case that will achieve nothing. I have told Nicole many times that the only way to get legislation that favours firearm owners is politically. Paying thousands of dollars to lawyer will only help make lawyers rich.

    In an earlier post she says.

    “One member of our team is clinging to the hope that NZ First has supported this Committee’s Clayton’s refinement of the Bill (the changes you make when you’re not making changes) because it would not be clear NZ First was insisting on them if they came from the Select Committee. If instead, they bring their real improvements in at the next stage (moving amendments within Parliament) shooting sportspeople will know just who to thank. But that’s just speculation.”

    What she should do is tell Peters that if he does not come to the party COLFO will tell all its members to not vote for any of the three government parties.

    Only Peters can do anything before the election. If he does not do anything before the election she can not take his word for anything.

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    • I have view that if Mr Peters does not stop the second tranche of amendments, he should save his election deposit and not bother completing his nomination forms as he and his party will not be getting the voters support for another shot at the baubles of office.

      He blew it first time around; he needs to take this second opportunity to stop this nonsense and see if he can find redemption. No promises are made by this voter either way. The test is one for Mr Peters.

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