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Arms Act 1983

Firearms prohibition orders

39FA: Varying, modifying, or revoking FPOs

You could also call this:

"Changing or cancelling a Firearms Prohibition Order"

Illustration for Arms Act 1983

You can apply to a court to change or cancel a Firearms Prohibition Order (FPO) after it has been in place for 5 years. You can ask the court to change some of the conditions of the FPO or to cancel it altogether. The court will consider your application and make a decision. You cannot make an application if you have already made one in the last 2 years. The court will change or cancel the FPO if they think it is no longer necessary to keep you and others safe. They will look at whether the conditions of the FPO are still needed to stop you from accessing or using firearms. The court can cancel the FPO if they think it is no longer needed to keep the public safe. They will make this decision based on whether the FPO is still necessary, reasonable, and appropriate. You can find more information about the law that allows you to make this application in the Firearms Prohibition Orders Legislation Amendment Act 2024.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1029525.

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Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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39F: Commencement and duration of FPO, or

"When a Firearms Prohibition Order starts and how long it lasts"

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39G: Varying, modifying, or replacing FPO on subsequent conviction, or

"Changing a Firearms Prohibition Order if you get in trouble again"

Part 7AFirearms prohibition orders

39FAVarying, modifying, or revoking FPOs

  1. A person who is subject to an FPO may, at any time after the FPO has been in force for 5 years, apply to the court that made the FPO for an order—

  2. varying or modifying any of the conditions of the FPO; or
    1. revoking the FPO.

      1. An application under subsection (1)(a) or (b) may not be made in respect of an FPO if an application has previously been made under subsection (1)(a) or (b) in respect of the FPO within the previous 2 years.

      2. On an application made under subsection (1)(a), the court may vary or modify any standard or special condition of the FPO if it is satisfied, on the balance of probabilities, that the condition is no longer reasonably necessary to prevent the applicant from accessing, possessing, or using any firearms or related items.

      3. On an application made under subsection (1)(b), the court may revoke the FPO if it is satisfied, on the balance of probabilities, that the FPO is no longer necessary, reasonable, and appropriate to assist in managing the risk that the applicant poses to public safety.

      Notes
      • Section 39FA: inserted, on , by section 8 of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).