Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client has been served with a Temporary Protection Order (TPO) made without notice under the Family Violence Act 2018 (FVA 2018). The plan covers the respondent position from receipt of the TPO through to the defended hearing, any non-violence programme objection, and the long-term position on applying for a new firearms licence.
Jurisdiction: New Zealand Family Court (all registries nationwide). Governed by the Family Violence Act 2018 (in force 1 July 2019, replaced the Domestic Violence Act 1995). Forks cover the on-notice defence pathway and the weapons and firearms licence pathway under the Arms Act 2026, which repealed and replaced the Arms Act 1983 on 23 September 2026.
The Process at a Glance: Upon service of the TPO the respondent has 24 hours to surrender all firearms, ammunition, and the firearms licence to Police. The TPO becomes final by operation of law 3 months after the date on which it was made (ss 76 and 148 FVA 2018) unless, before then, the respondent notifies the court under s 147 that they wish to be heard (approved form: Notice of intention to appear). Counsel drafts a General Affidavit rebutting the applicant account, addressing the Surrey v Surrey onus (once the grounds are shown, it is for the respondent to show why an order is not necessary), and filing the formal response. At the defended hearing counsel advances evidence rebutting the grounds for the FPO. Where a direction to attend a non-violence programme (s 188 FVA 2018) was made on the without-notice application, the respondent may object within 10 working days after a copy of the direction is served (s 189; approved form: Objection to direction to attend programme). A final protection order revokes any firearms licence held by the respondent (s 99) and disqualifies the respondent from holding one under s 70(b) of the Arms Act 2026. Once the FPO has been discharged and the disqualification no longer applies, counsel assists with an application for a new firearms licence to Firearms Safety and Education New Zealand (the Arms Regulator).
Use this fork when the respondent has been given notice of the protection order application before any order is made. The applicant did not obtain a without-notice TPO, and the respondent has the opportunity to be heard at the first hearing before the court decides whether to grant any order. This is a significant procedural advantage over the without-notice pathway.
Use this fork when the client Final Protection Order has been discharged and the client is no longer disqualified under s 70 of the Arms Act 2026, and the client wants to apply for a new firearms licence from Firearms Safety and Education New Zealand (the Arms Regulator). Also use if the client was subject only to a Temporary Protection Order (not a Final Protection Order) and wants to recover surrendered firearms after the TPO is discharged.
Key Legislation and Case Law: Family Violence Act 2018 (FVA 2018) - s 79 (requirements: the respondent has inflicted, or is inflicting, family violence, and the order is necessary for protection), s 83 (the court must have regard to the perception of the applicant of the nature and seriousness of the behaviour, and its effect), s 86 (the order applies for the benefit of any child of the family of the applicant), s 87 (the court may direct that the order also protect other people), ss 98-102 (standard condition about weapons), s 103 (court may impose special conditions), ss 147-149 (notice that the respondent wishes to be heard, and when a temporary order becomes final), s 177 (appeals to the High Court), s 188 (direction to attend a non-violence programme), s 189 (objection to a direction made on a without-notice application, within 10 working days after service), s 112 (offence to breach a protection order: up to 3 years imprisonment), s 107 (duration), s 108 (variation), s 109 and s 110 (discharge, and the test for it). The Arms Act 1983 was repealed on 23 September 2026 and replaced by the Arms Act 2026. What a protection order does to a firearms licence is set by the FVA 2018: s 99 (a temporary order suspends, and a final order revokes, any firearms licence held by the respondent), s 163 (a suspended licence is revoked if the temporary order becomes final, otherwise it revives when the suspension ends) and s 164 (retention and return of surrendered weapons). Arms Act 2026 - s 70 (a person who has, or has had within the previous 10 years, a final protection order made against them is disqualified from holding a firearms licence), s 71 (a temporary protection order is a matter on which a person may be found not fit and proper), s 69 and s 72 (application for and issue of a firearms licence), s 80 (review of licensing decisions), s 352 (appeals to the District Court). Firearms Safety and Education New Zealand (the Arms Regulator) at firearmssafety.govt.nz. Key cases: Surrey v Surrey [2008] NZCA 565; [2010] 2 NZLR 581 - the necessity of a final protection order and the onus on the respondent to show countervailing factors. Note: only the parties, their lawyers and certain other people may attend a Family Court hearing (Family Court Act 1980 s 11A), and a report of proceedings that identifies a child or a vulnerable person needs the leave of the court (s 11B).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Family Violence Act: Protection Order (Respondent) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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