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Arms Bill

Further offences and firearms prohibition orders - Firearms prohibition orders

295: Varying, modifying, or revoking FPOs

You could also call this:

"Changing or cancelling a Firearms Prohibition Order"

Illustration for Arms Bill

If you have a Firearms Prohibition Order (FPO), you can ask the court to change it after 5 years. You can ask the court to change some of the conditions or cancel the FPO altogether. The court will look at your application and decide what to do. You can only make this application if you have not made one in the last 2 years. The court will change the conditions if they think it is no longer necessary to stop you from accessing firearms. They will cancel the FPO if they think it is no longer needed to keep the public safe. The court makes these decisions based on what is likely to happen, and they want to make sure you do not pose a risk to public safety. They will look at the conditions of your FPO and decide if they should be changed or if the FPO should be cancelled. This is a way for you to ask for changes to your FPO if you think they are no longer needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533978.

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

"When a court-ordered FPO starts and how long it lasts"

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296: Varying, modifying, or replacing FPO on subsequent conviction, or

"What happens to your Firearms Prohibition Order if you get in trouble again?"

Part 6Further offences and firearms prohibition orders
Firearms prohibition orders

295Varying, 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) may not be made in respect of an FPO if an application has previously been made under subsection (1) 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.