Secondhand Dealers & Pawnbrokers Licensing Authority

Fact Sheet No.2

Police Objections or Complaints

1. You have applied for a licence or certificate. The Licensing Authority’s criminal history check shows that you have a clean record and you meet all other requirements, but the Police have objected to your application.

You hold a licence or certificate but the Police have made a complaint to the Licensing Authority and are seeking its cancellation or suspension.

What can you do now?

Section 26 (1) of the Secondhand Dealers and Pawnbrokers Act 2004 allows for an applicant or holder to request a hearing in person before the Licensing Authority on whether it should uphold or dismiss the Police objection or complaint. The hearing will generally be held as close to where you reside and operate as practicable.

The Licensing Authority, when conducting an inquiry into a Police objection, has the powers of a Commission of Inquiry.

At the hearing the Commissioner of Police may be represented by any member of the Police or by legal counsel. You also may appear yourself or be represented by legal counsel, or by some other person you have authorised to represent you.

An alternative to a hearing with oral evidence being given and written submissions presented is to have the matter heard "on the papers".

This means that the Licensing Authority can make a decision based on the application lodged and any papers on its file, along with the Police objection, any submissions you make in response and any final submission by the Police.

2. I have now received the Authority’s decision, but I am dissatisfied with it.

What can I do about it?

Section 34 of the Act allows you to appeal to the District Court against the decision of the Authority. Contact your nearest Court (its phone number is in the phone book in the ‘blue pages") about any form your appeal may need to follow and fee this might attract.

If you have any questions, don’t hesitate to get in touch with the staff at the Licensing Authority. You can call them during normal business hours Monday to Friday or you can try the Ministry of Justice’s website:

www.justice.govt.nz

or

Phone: (04) 462 6660

Email: shdlicensing@justice.govt.nz

NOTE:

The purpose of this fact sheet is to explain in general terms what the relevant provisions of the Secondhand Dealers and Pawnbrokers Act 2004 are, in relation to the objection process. It is not intended to be a detailed legal analysis. If you require more specific information, you should read the Act itself or seek legal advice.