Appeal against firearms prohibition order imposed as part of sentencing for shooting – threshold for the imposition of a firearms prohibition order under s 39A(2) Arms Act 1983? – limit on rights protected by New Zealand Bill of Rights Act 1990? – rights-consistent approach – does s 39A involve the application of a two stage test?

Aitu v R [2025] NZHC 2433 per Van Bohemen J

In August 2024, Atunisa Aitu (then 19 years old), shot another man in the thigh at a Kāinga Ora complex. Aitu pleaded guilty to one charge of wounding with intent to injure. 

Prior to sentencing, a consultant forensic psychologist, Sarah Bramhall, interviewed Aitu and family members and provided a report to the court. The report outlined an adverse upbringing which included violence in the family, being placed in the care of Oranga Tamariki at a young age, the death of his father and a head injury in February 2024. Aitu’s cognitive functioning was impaired, with his general cognitive profile falling in the extremely low to borderline range. Bramhall assessed Aitu to be at a moderate risk of violent offending and a high risk of general offending.