Family Violence Act: Protection Order (Respondent) - Weapons Return and New Firearms Licence - Arms Act 2026

Jurisdiction: Arms Act 2026 (which repealed and replaced the Arms Act 1983 on 23 September 2026), administered by Firearms Safety and Education New Zealand (the Arms Regulator), together with ss 98 to 102 and 163 to 165 of the Family Violence Act 2018. Where only a TPO was made, the licence was suspended, not revoked, and it revives when the suspension ends (s 163(2) FVA 2018). Where an FPO was made, the licence was revoked (s 99(1)(b)) and s 70(b) of the Arms Act 2026 disqualifies a person who has, or has had within the previous 10 years, a final protection order made against them.

The Process at a Glance: Counsel verifies the FPO discharge date and whether the client is still disqualified under s 70(b) of the Arms Act 2026. Counsel then commissions a psychological report addressing the fit and proper person matters in s 71 of the Arms Act 2026. Counsel prepares the application package including the sealed court order discharging the FPO, the psychological report, character references, and evidence of non-violence programme completion. The completed application is lodged with Firearms Safety and Education New Zealand. If the application is declined, counsel advises on a review under s 80 of the Arms Act 2026 (applied for within 90 days and decided by a panel of the Firearms Licensing Review Committee) and, after that, an appeal to the District Court under s 352(1)(c).

Key Legislation and Case Law: The Arms Act 1983 was repealed on 23 September 2026 and replaced by the Arms Act 2026. Arms Act 2026 - s 69 (application for a firearms licence), s 70 (persons disqualified, including a person who has, or has had within the previous 10 years, a final protection order made against them), s 71 (persons who may be found not fit and proper, including a person who has or has had a temporary protection order), s 72 (issue of licence), ss 80 to 82 (review of licensing decisions by the Firearms Licensing Review Committee), s 153 (revocation), s 352 (appeals to the District Court), s 354 (appeal to the High Court on a question of law). Family Violence Act 2018 - s 98 (standard condition about weapons), s 99 (a temporary order suspends and a final order revokes a firearms licence), s 163 and s 164 (effect on the licence and return of surrendered weapons). Firearms Safety and Education New Zealand (the Arms Regulator) at firearmssafety.govt.nz.

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