A judge has decided former Tauranga City Councillor Hayden Evans is not a fit and proper person to hold a firearms licence.
This decision reinforces the original decision to revoke his licence.
Hayden Evans on his Ohauiti property.
In a reserved decision released following a hearing in September, Judge Robert Wolff says he remains concerned about Hayden's suspicious and querulous personality, a preparedness to threaten to use weapons in a domestic and work situation, his fascination with firearms, and his casualness with their use.
Also cited is what the judge says is Hayden's total absence of any acceptance or understanding that he may have had underlying problems in 2009 when his firearms licence was originally revoked – and the lengths which Hayden will go to attempt to prove the evidence on which the original decision was made was vindictive and wrong, in the face of compelling evidence that it was well meaning and right.
Hayden's licence was revoked in July 2009 at a time when he was under stress in his relationship, at work as a city councillor, and financially.
His ex-partner handed Hayden's firearms in to police, raising concerns about him retaining them.
A subsequent police investigation resulted in the firearms licence being revoked.
Hayden was appealing that police decision.
The court case required a fresh decision on the issue of his fitness – neither Hayden nor police had a burden of proof.
On firearms issues it is generally accepted that someone who might be considered unfit to keep firearms at any one time, may later have the decision reviewed – and have their licence returned.
This option was offered to Hayden.
Police went to Hayden after he had commenced proceedings and offered to reconsider his revocation.
'This entirely appropriate step was translated by Mr Evans into a view that the commissioner was trying to avoid court scrutiny of his earlier decision,” says the Judge.
In his review of the circumstance leading up to that earlier decision he was satisfied the original decision was correct, solidly based on reason and supported by the evidence.
The judge says Hayden's case is that the evidence given to police in 2009 was inaccurate and given by people with a bias against him – his ex, disaffected neighbours and political adversaries.
Hayden argued there should have been evidence from a wider range of witnesses, or at least should emphasise the evidence of those who knew him best and could elucidate the claims of bias and vindictiveness.
Hayden conducted his own case in a manner that personally criticised those who gave evidence against him, including his former partner who has permanent name suppression, and questioned the integrity of other witnesses.
That emphasis on criticism meant the true focus, whether Hayden is a fit and proper person at this time to be entrusted with a firearms licence has rather less been emphasised, says the judge.
'It appears to me that Mr Evans' view of the world is that the world is populated by two distinct groups of people. The first group are those who agree with him and there is another group who do not do so and who tend to conspire against him.”
The people initially interviewed by police were self selecting in that they represented Hayden's domestic life, his work life and his neighbourhood, says the judge.
'If one does not approach this case with the mindset of a conspiracy, there is nothing sinister in the choice of interviewees.”
A number of witnesses spoke highly of Hayden and were critical of his former partner, placing his domestic troubles firmly at her door.
But even if the supporting witnesses were included in the original investigation, the judge says there would still have been indications of something of concern under the surface.
Applications for costs or any other order must be filed by November 14.
15 comments
Sorry Hayden but your stuffed.
Posted on 11-11-2011 17:36 | By TheCameltoeKid
I totally support the Police in this decision. 99.9% of us that do hold a Firearms License are responsible holders. You don't make idle threats! If your not right in the head you DON'T have the privilege to possess firearms. SIMPLE AS THAT! Guns don't kill people, people kill people. Hayden proved to the people of Tauranga that he was not worthy of the office he held and that was shown by his being voted out at the last election. Sometimes I wonder at the mentality of the general populace of the people of Tauranga however they got it right with him. Just got to wonder how Guy and Curach got back.
victim
Posted on 11-11-2011 19:03 | By tonyb1
Sorry Hayden but you are yet another victim of the cloak and dagger politics in the Bay, you didnt stand a chance
TheCameltoeKid
Posted on 11-11-2011 19:10 | By Capt_Kaveman
apart from the story why are the current sitting members even still there
Nothing to do with politics
Posted on 12-11-2011 09:30 | By Gee Really
Key words here that us Sunlive readers will have seen for the first time are Evans "ex-partner handed Hayden's firearms in to police, raising concerns about him retaining them." No mention of that crucial statement in any of the previous conspiracy theory stories. Perhaps an apology is owed to the councillors who were brave enough to raise concerns. No apologies to the Pick Six group and its Mayoral candidate Cr Murray Guy that Evans was elected on. Personally I think guns have no place in this city and the police are right to be careful with licences. Some other places probably wish their police had been more careful too. Just look at history and try and learn from it.
GEE REALLY?
Posted on 12-11-2011 11:17 | By SCOTT NUFFIN4U
Photo does not look like the city to me?
HAYDEN IS STUFFED?
Posted on 12-11-2011 12:31 | By YOGI
Looks like the plans agreed to in teh Councillors lounge "prior" have gone to far now, will be interesting to see the result of the appeal, more to be revealed I am sure.
PARALELL TO DAVID BAIN CASE
Posted on 12-11-2011 14:46 | By DRONE
Looks to have all the same "rings of truth" about it, In the David Bain case much important evidence was withheld by the NZ Police and the judge from the hearing and so the defence and Jury to make the right decision in the first place there, looks like same problem here also. The Judge then could not be "impeached" as he had died by the time the truth came out and things were put right in the end.
The Judge was right
Posted on 12-11-2011 15:56 | By C.N.Pirracy
Reading the article and some of the comments posted I reckon the Judge got it right. I want to ask if DRONE or YOGI are by any chance related to Hayden Evans? YOGI, how can conversations in a councillors lounge have anything to do with Evans ex-partner handing in his firearms to Police? Evans, why didn't you tell that part of the story in other stuff on Sunlive ages ago? I hope the Police go for costs against Evans because taxpayers money shouldn't be wasted here.
WHOS GUNS WERE THEY!
Posted on 12-11-2011 22:02 | By DRONE
@ CN PIRRAY, I am 'insightful' that is all mate. Fact that the Judge has missed or something, Evans returned the guns not the ex Girl friend. A simple concept here is that: if the facts at the start are wrong then that means the decision has a poor foundation to it.
TAKE A LOOK
Posted on 13-11-2011 13:04 | By tonyb1
Take a good look at what this issue was really about, Crosby stated he was under a great deal of pressure at council, yeh well he was the pressure with old Steve baby, people who like in glass houses should not throw stones, i am not related too Hayden or have even met him or voted for him I know first hand the level the boys clud will go to stamp out any opposition
THE INCONVIENIENT TRUTH!
Posted on 13-11-2011 23:28 | By Crash test dummies
TONYB1, I agree that Crosby was under some pressure to get rid of Evans, anyone with a bit of savy can see right through this little charde for what it is, just another day in poltics.
AIN'T THAT THE TRUTH
Posted on 15-11-2011 16:51 | By SCARLET PIMPINEL
We needed a spy CAM to play live so as all of this would never have happened. In fact the tables would have turned the other way here.
TOE THE LINE OR ELSE!
Posted on 16-11-2011 15:49 | By WARTS N ALL
@ TONYB1, I reckon so, Evans must have asked some really ackward questions in some of those "secret meetings" that never happened to go to these lenghts to manipulate all for this result so far, I doubt this little charade is over as yet.
secrets
Posted on 16-11-2011 19:15 | By tonyb1
Well I no first hand howa certain two Council officials can convince themselves that something didnt happen, even with the written correspondence between the two, at least one has moved on after his third mess, maybe he is moving up the island but hey he is running out of island lol
DODGY LOT
Posted on 21-11-2011 19:17 | By YOGI
And self justifying is not a good look for the rest of us, means we are left in the lurch and no accountability for the decisions made EVER.
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