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 firearms licence restoration strategy.
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 restoration pathway under the Arms Act 1983.
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 respondent then has three months to file a notice that they wish to be heard (Form DV 12 / G13) challenging the TPO. Counsel drafts a General Affidavit rebutting the applicant account, addressing the Surrey v Surrey presumption (rebuttable presumption against discharging a protection order), and filing the formal response. At the defended hearing counsel advances evidence rebutting the grounds for the FPO. If the FPO is made, counsel may object to the mandatory non-violence programme under s 103 FVA 2018 (Form DV 26). On discharge of the FPO after 10 years, counsel applies to Te Tari Pureke (Firearms Safety Authority) for firearms licence restoration under the Arms Act 1983.
Use this fork when the client Final Protection Order has been discharged and the 10-year Arms Act 1983 disqualification period has expired, and the client wants to restore their firearms licence with Te Tari Pureke (Firearms Safety Authority). 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.
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.
Key Legislation and Case Law: Family Violence Act 2018 (FVA 2018) - ss 79-80 (grounds and necessity test), s 80 (weight to applicant own perception), ss 86-88 (children automatically covered), ss 95-104 (special conditions including non-violence programme s 95), s 103 (objection to non-violence programme attendance), s 105 (breach offences), ss 107-109 (variation and discharge). Arms Act 1983 - s 27B (automatic firearms licence suspension on TPO), s 27C (10-year disqualification on FPO), s 27F (restoration application to district court on discharge of FPO). Te Tari Pureke (Firearms Safety Authority) at firearmssafetyauthority.govt.nz. Key cases: Surrey v Surrey [2010] NZFLR 193 - rebuttable presumption against discharging a protection order; court requires compelling evidence from respondent that the order is no longer necessary. Note: Family Court proceedings are presumptively confidential; most decisions are suppressed.
* 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
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Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.