New Zealand Acts

ARMS ACT 1983 - SECT 39FA

39FA Varying, 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—

a) varying or modifying any of the conditions of the FPO; or

b) revoking the FPO.

2 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.

3 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.

4 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.

History: Section 39FA: inserted, on 2 March 2025, by section 8 of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).