Dr Bain released his findings into the death of Lower Hutt school teacher Rosemary Ives, who was killed in Kaimanawa Forest Park in 2010 by Andrew Mears, one of a group of friends illegally spotlighting for deer who mistook Ms Ives' headlamp for a deer's eyes as she was brushing her teeth at a campsite.
Dr Bain called for the Law Commission and the Government to "urgently investigate" rules and regulations around spotlighting, hunting permits and high-powered rifles, for more education, training and messages to hunters about the Arms Code and firearms safety, and for the more serious charge of manslaughter to apply in all cases for hunters who fail to identify their targets - and the same or similar charges for associates in hunting parties. (Mr Mears was jailed for manslaughter for Ms Ives' death, and released this year after serving 11 months of his two-and-a-half year sentence, but some hunters have faced the lesser charge of careless use of a firearm causing death. Mr Mears' associates pleaded guilty to breaching their hunting permits by hunting after dark, and on Conservation Department land, and were each fined $2500.)
While some welcome Dr Bain's recommendations - among them the Ives' family and Mr Mears himself - others believe harsher penalties will not have the desired effect. Mr Mears' lawyer, Roger Laybourn, said education was the key: "If you are going to react by dealing with the consequences, rather than dealing with the causes, you are on the wrong track."
An experienced Dunedin hunter said last week he believed regulations were adequate, but he would support them being tightened if they were to save lives. Harsher penalties were not the answer because such deaths were not intentional and hunters were not likely to think of being charged while out shooting game: "Shootings are going to happen." If that is the case it is not only a chilling prediction, but a tragedy, for surely individuals and authorities must learn from shooting deaths and take action accordingly.
Of course, individual responsibility must come first. We have heard many times all hunting deaths are avoidable if hunters follow the rules. But such reminders have been made repeatedly through the years, by many different individuals and authorities, yet the deaths have continued - about one every year in the past decade. So, if not all hunters are prepared to take personal responsibility for following the rules, the response must come from the authorities - and Dr Bain's recommendations should be heeded.
His calls to revisit the rules and regulations around gun licensing go hand-in-hand with greater education around the Arms Code, firearms safety and training. It is simpler to get a firearms licence in this country than a driver's licence. Applicants must be 16 or over, are required to take a firearms safety course and sit a firearms safety test. But the theory-based tests are easy to pass and there is no practical element involved. Applicants require two referees to verify their suitability to possess and use firearms, and these referees are interviewed by a police arms officer, who also inspects firearm security at the applicant's address. A standard licence costs $126.50 and is valid for 10 years.
A more stringent test, with a practical component and outdoor, real-scenario training, would be beneficial, as might an annual licence test or refresher course - not necessarily with further charges attached. Ten years gives people a long time to become complacent. The New Zealand Deerstalkers Association, in conjunction with the Mountain Safety Council, offers new hunters a training course focusing on safety, basic hunting and bushcraft skills, which costs $200. Arguably such courses should be a mandatory part of firearms licensing.
By imposing stricter rules around licensing, testing, and training, it is responsible, law-abiding and safety-conscious hunters who are penalised. And there are many who enjoy the pursuit without putting themselves - or others - at risk. But everyone should be able to continue to enjoy hunting, and other outdoor pursuits in the same terrain, without being in fear for their lives.
