Private Investigators and Security Guards Act 1974

  • repealed
  • Private Investigators and Security Guards Act 1974: repealed, on 1 April 2011, by section 119 of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).

Reprint as at 1 April 2011

Private Investigators and Security Guards Act 1974

Public Act1974 No 48
Date of assent31 August 1974
  • Private Investigators and Security Guards Act 1974: repealed, on 1 April 2011, by section 119 of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Meaning of private investigator

4 Meaning of security guard

Part 1
Administration of Act

5 Registrar of Private Investigators and Security Guards

6 Qualifications of Registrar

7 Term of office of Registrar

8 Deputy

9 Remuneration of Registrar

10 Registrar to be a Commission of Inquiry for certain purposes

11 Protection of Registrar

12 Administrative and secretarial services

13 Registers

14 Inspection of registers

15 Statement by Registrar as to contents of register

Part 2
Licensing of private investigators and security guards

16 Private investigators and security guards to be licensed

17 Presumption against granting application in certain cases

18 Application for licence

19 Approved bond by private investigator [Repealed]

20 Effect of bond on renewal of licence [Repealed]

21 Notice of application for license

22 Objections by Police to application for licence

23 Objections by other persons

24 Cases in which hearing may be dispensed with

25 Hearing of application for licence

26 Issue of licence

27 Registrar to require evidence as to suitability of applicant

28 Effect of licence

29 Duration of licence

30 Registrar to notify Commissioner of Police when licence issued

31 Name under which licensee may carry on business

32 Persons not to act as officers of licensed company without consent of Registrar

32A Amendment of security guard's licence

33 Renewal of licence

Part 3
Approval of responsible employees of private investigators and security guards

34 Responsible employees to be approved by Registrar

35 Presumption against granting application in certain cases

36 Application for certificate of approval

37 Temporary permission to engage responsible employee

38 Objections by Police to application for certificate of approval

39 Hearing of application for certificate of approval

40 Issue of certificate of approval

41 Effect of certificate of approval

42 Duration of certificate of approval

43 Registrar to notify Commissioner of Police when certificate of approval issued

44 Renewal of certificate of approval

Part 4
Duties of private investigators, security guards, and responsible employees

General duties

45 Production of licence

46 Production of certificate of approval

47 Notice to Registrar of change of employment

Duties of private investigators

48 Private investigator to display notices at offices

49 Money in anticipation of expenditure to be paid into trust account [Repealed]

50 Trust account to be audited [Repealed]

51 Private investigator to render account to principal

52 Private investigator not to take photographs or make recordings without consent

Part 5
Disciplinary functions of Registrar

53 Complaints against licensee

54 Registrar may refer matter to Police

55 Suspension of licensee pending determination of complaint

56 Hearing of complaint

57 Powers of Registrar on determining complaint

58 Grounds for cancellation of licence

59 Disciplinary powers of Registrar in respect of responsible employees

60 Registrar to cancel licences and certificates of approval in certain cases, unless special factors present

61 Evidence of convictions in proceedings before Registrar

62 Cancelled and suspended licences and certificates of approval to be returned to Registrar

63 Penalties for offences not affected

Part 6
Appeals

64 Appeals to District Court

65 Appeals to District Court [Repealed]

Part 7
Miscellaneous provisions

66 Licence or certificate not to confer additional powers on holder

67 Lost licences and certificates of approval

68 Voluntary surrender of licence or certificate of approval

69 Change of place of business

70 Offences

71 Regulations

72 Service of documents

72A Extensions of time

72B Photographs

73 Civil remedies not affected

Schedule 1

[Repealed]

Schedule 2

Schedule 3

Reprint notes


An Act to provide for the licensing of private investigators as a means of affording greater protection to the individual's right to privacy against possible invasion by private investigators, and to provide for the licensing of security guards as a means of ensuring so far as possible that those carrying on business as security guards are fit and proper persons to do so, and to regulate the conduct of business by private investigators and security guards

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: