Courts Security Act 1999

Reprint as at 1 July 2013

Coat of Arms of New Zealand

Courts Security Act 1999

Public Act
 
1999 No 115
Date of assent
 
14 October 1999
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
3Meaning of court and courtroom
4Chief executive may appoint, or contract for, court security officers
5Appointment of court security officers
6Contracts for provision of court security officers
7Requirements of court security contracts
8Extension of court security contracts
9Court security officers, on completion of training, to have and show identity cards
10Courts in which court security officers may exercise powers and duties
11Courtrooms in which court security officers may be present
12Power to ask for identification
13Power to ask to search
14Duty of court security officer relating to searches
15Power to ask to examine detected items
16Power to seize detected items
17Power to ask to take detected items into temporary custody
18Duty of court security officer relating to taking of items into temporary custody
19Power to detain if court security officer has reasonable grounds to believe person may have committed specified offence
20Powers to seize items and detain persons
21Power to use reasonable force
22Consequences of denial of entry to, or removal from, court
23Duty of court security officer to inform of consequences when person denied entry or removed
24Powers not generally applicable to presiding judicial officers and other exempted persons
25Powers not generally applicable to persons in custody of certain agencies
26When powers applicable to persons in custody of certain agencies
27Powers not generally applicable in courtroom where proceedings being heard
28When powers applicable in courtroom where proceedings being heard
29Powers not generally applicable if Police involved
30Offence to obstruct court security officer
31Immunity of court security officers
32Immunity of persons helping court security officers
33Powers of other officials: court security officers may exercise
34Powers of court security officers: Police officers may exercise
35Powers of other persons not affected
36Regulations
Reprint notes

An Act to provide for—

(a)

the security of courts; and

(b)

the safety of the public and others who access and use the courts

 
1 Short Title and commencement

(1)

This Act may be cited as the Courts Security Act 1999.

(2)

This Act comes into force on the day after the date on which it receives the Royal assent.

2 Interpretation

In this Act, unless the context otherwise requires,—

appointed court security officer means a person appointed under section 5

chief executive means the chief executive of the department

contracted court security officer means a person employed by a court security contractor to enable the contractor to perform the court security contract

court has the meaning given to it by section 3

courtroom has the meaning given to it by section 3

court security contract, or contract, means a contract—

(a)

that is made between the chief executive and a court security contractor for the provision, by the contractor, of persons as court security officers; and

(b)

that complies with section 7

court security contractor, or contractor, means a person with whom the chief executive makes a court security contract

court security officer, or officer, includes an appointed court security officer and a contracted court security officer

department means the Ministry of Justice

general language means language that a court security officer could reasonably understand to be a direction or a request to exercise a power or duty under this Act, even though the language does not refer, either at all or correctly, to any or all of—

(a)

the name of this Act; or

(b)

the number of a section of this Act; or

(c)

the words used in this Act to describe a power or duty of a court security officer

Judge means—

(a)

the Chief Justice of New Zealand:

(aa)

any other Judge of the Supreme Court:

(b)

the President of the Court of Appeal:

(c)

any other Judge of the Court of Appeal:

(d)

any other Judge of the High Court:

(e)

the Chief District Court Judge:

(f)

the Principal Family Court Judge:

(g)

the Principal Youth Court Judge:

(h)

the Principal Environment Judge:

(i)

any other District Court Judge (including a Family Court Judge, a Youth Court Judge, an Environment Judge, and an alternate Environment Judge):

(j)

the Chief Judge of the Maori Land Court:

(k)

the Deputy Chief Judge of the Maori Land Court:

(l)

any other Judge of the Maori Land Court:

(m)

any Judge of the Court Martial Appeal Court:

(n)

any Associate Judge of the High Court:

(o)

any member of the Waitangi Tribunal:

(p)

any Environment Commissioner:

(q)

any officer, specified in regulations made under section 36, who presides over a body declared to be a body to which this Act applies by regulations made under section 36

Minister means the Minister of the Crown who is for the time being responsible for the administration of this Act, under the authority of any warrant or with the authority of the Prime Minister

Police officer means a constable

presiding judicial officer means any of the following persons who is presiding over proceedings:

(a)

a Judge:

(b)

a Justice of the Peace:

(c)

a Community Magistrate:

(d)

a registrar or deputy registrar of a court:

(e)

a coroner:

(f)

the Principal Disputes Referee, or a referee, holding office under the Disputes Tribunals Act 1988:

(g)

the Principal Tenancy Adjudicator, or a tenancy adjudicator, holding office under the Residential Tenancies Act 1986

scanner search means a search of a person or of property by means of equipment that does not require the touching of the person or the property

specified offence

(a)

means an offence under any of—

(i)

sections 87, 121, 167 to 177, 188 to 194, 196 to 199, 202A, 202C, 305, or 306 of the Crimes Act 1961; or

(ii)

sections 9, 13, or 13A of the Summary Offences Act 1981; or

(iii)

section 45 of the Arms Act 1983; and

(b)

includes an attempt to commit an offence specified in paragraph (a).

Section 2 department: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 2 Judge paragraph (aa): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 2 Judge paragraph (m): substituted, on 1 July 2009, by section 35 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 2 Judge paragraph (n): amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).

Section 2 Police officer: amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

3 Meaning of court and courtroom

(1)

Court means—

(a)

each area described in subsection (3); and

(b)

each area described in subsection (4).

(2)

In this Act, courtroom means the place in which proceedings before a body listed in subsection (5) are heard, subject to the following:

(a)

if the place is usually a place in which such proceedings are heard, it is a courtroom whether or not such proceedings are being heard:

(b)

if the place is not usually a place in which such proceedings are heard, it is a courtroom only on a day when such proceedings are scheduled to be heard, before the proceedings are heard and while they are being heard.

(3)

For the purposes of subsection (1)(a), the area is—

(a)

each courtroom of each of the bodies listed in subsection (5); and

(b)

if the courtroom is located in a building,—

(i)

that part of the building associated with the servicing of the courtroom, including, for example, a foyer or a waiting area; and

(ii)

the grounds immediately adjacent to the building and either belonging to the building or servicing the building; and

(iii)

any car parking area in the building or in the grounds.

(4)

For the purposes of subsection (1)(b), the area is—

(a)

each set of Judge’s chambers of each of the bodies listed in subsection (5)(a) to (h); and

(b)

that part of the building in which each set of Judge’s chambers is located that is associated with the servicing of the Judge’s chambers, including, for example, a foyer or a waiting area; and

(c)

the grounds immediately adjacent to the building and either belonging to the building or servicing the building; and

(d)

any car parking area in the building or in the grounds.

(5)

The bodies are—

(aa)

the Supreme Court:

(a)

the Court of Appeal:

(b)

the High Court:

(c)

every District Court:

(d)

the following divisions of District Courts:

(i)

every Disputes Tribunal:

(ii)

every Family Court:

(iii)

every Youth Court:

(e)

the Environment Court:

(f)

the Maori Appellate Court:

(g)

the Maori Land Court:

(h)

the Court Martial Appeal Court:

(i)

the Waitangi Tribunal:

(j)

the Tenancy Tribunal:

(k)

a coroner:

(l)

every court or tribunal declared by regulations made under section 36 to be a body to which this Act applies:

(m)

every place described in regulations made under section 36, and declared by the regulations to be a body to which this Act applies, for the period specified in the regulations.

Section 3(5)(aa): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 3(5)(h): substituted, on 1 July 2009, by section 35 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Provision of court security officers

4 Chief executive may appoint, or contract for, court security officers

(1)

The chief executive may provide court security officers by doing one or both of the following:

(a)

appointing persons as court security officers from time to time under the State Sector Act 1988:

(b)

making court security contracts from time to time.

(2)

The chief executive has no duty to provide—

(a)

any court security officers; or

(b)

any particular number of court security officers; or

(c)

any court security officers at any particular court.

5 Appointment of court security officers

(1)

The chief executive must appoint suitable persons when appointing court security officers under the State Sector Act 1988.

(2)

An appointed court security officer is an employee of the department.

6 Contracts for provision of court security officers

(1)

The chief executive must have the written consent of the Minister before making a court security contract.

(2)

The chief executive acts in the name and on behalf of the Crown when making a court security contract.

(3)

A contracted court security officer is not employed in the service of the Crown, for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956, just because he or she is a contracted court security officer.

7 Requirements of court security contracts

(1)

Every court security contract must—

(a)

record that the chief executive has the written consent of the Minister to the making of the contract; and

(b)

specify the term of the contract; and

(c)

specify each court to which the contract applies; and

(d)

require the contractor to employ a sufficient number of suitable persons as contracted court security officers; and

(e)

require the contractor to comply with sections 56(1), 56(2), 58(1), and 58(3) of the State Sector Act 1988 (which relate to personnel and equal employment policies), as if the contractor were the chief executive of a department within the meaning of that Act; and

(f)

require the contractor to ensure that contracted court security officers, when exercising any of the powers and duties in sections 12 to 23 or 26 or 28, comply with—

(i)

this Act and any regulations made under this Act; and

(ii)

the New Zealand Bill of Rights Act 1990, as if the contractor and the contracted court security officers were employees of the department; and

(g)

require the contractor, at the option of the chief executive, to—

(i)

provide, and pay for, training for contracted court security officers; or

(ii)

make contracted court security officers available for training by a body nominated by the chief executive; and

(h)

require training provided and paid for by the contractor to be—

(i)

to the standard appropriate for the particular position; and

(ii)

to a standard no lower than the standard of training received by appointed court security officers; and

(i)

require the contractor to arrange and maintain adequate insurance against the contractor’s liability for claims arising from the contract; and

(j)

provide for the avoidance of conflicts of interest that might arise in relation to the exercise, by the contractor or any contracted court security officer, of any power or duty under the contract or this Act; and

(k)

provide performance standards for the performance by the contractor of the contractor’s duties under the contract; and

(l)

provide for the termination of the contract for breach of contract.

(2)

A court security contract may make any other provision that the chief executive and the contractor agree on, as long as the provision is not inconsistent with this Act or any regulations made under this Act.

8 Extension of court security contracts

The chief executive may agree to an extension of the term of a court security contract, but must have the written consent of the Minister before doing so.

9 Court security officers, on completion of training, to have and show identity cards

(1)

Every court security officer must undergo a course of training approved by the chief executive before the officer may exercise any of the powers or duties in sections 12 to 23 or 26 or 28.

(2)

When a court security officer completes the course of training to the satisfaction of the chief executive, the chief executive must issue the officer with an identity card.

(3)

The identity card must—

(a)

state the court security officer’s name; and

(b)

contain the court security officer’s photograph and signature.

(4)

A person who ceases to be a court security officer must return the person’s identity card to the chief executive as soon as practicable after ceasing to be a court security officer.

(5)

A court security officer must ensure that his or her identity card is visible while he or she is exercising any of the powers or duties in sections 12 to 23 or 26 or 28.

(6)

The failure by a court security officer to comply with subsection (5) does not make his or her exercise of any of the powers or duties in sections 12 to 23 or 26 or 28 unlawful.

10 Courts in which court security officers may exercise powers and duties

(1)

An appointed court security officer may exercise any of the powers and duties in sections 12 to 23 or 26 or 28 at any court.

(2)

A contracted court security officer may exercise any of the powers and duties in sections 12 to 23 or 26 or 28 at any court specified in the court security contract as a court to which the contract applies.

(3)

Sections 24 to 29 set out limits on the powers and duties in sections 12 to 23.

11 Courtrooms in which court security officers may be present

(1)

A court security officer may be present in any courtroom where proceedings are being heard, unless the presiding judicial officer directs otherwise.

(2)

This section applies despite any provision in any other enactment about the persons who may be present in a courtroom where proceedings are being heard.

Powers and duties of court security officers

12 Power to ask for identification

(1)

A court security officer may ask any person who wants to enter, or is in, a court to provide the officer with—

(a)

the person’s name and address; and

(b)

evidence of the person’s name and address; and

(c)

the person’s reason for either wanting to enter the court or being in it, if the officer has reasonable grounds for asking for the information.

(2)

A court security officer may deny entry to, or remove, a person—

(a)

who does not comply with a request under subsection (1); or

(b)

who gives a reason under subsection (1)(c) that gives the officer reasonable grounds to believe that the person may threaten the security of the court.

(3)

Sections 24 to 29 set out limits on the powers in this section.

13 Power to ask to search

(1)

A court security officer may ask any person who wants to enter, or is in, a court to give his or her consent to 1 or more of the following kinds of searches:

(a)

a scanner search of the person’s person:

(b)

a search of the person’s person by an electronic screening device, other than a scanner, authorised by the chief executive:

(c)

a scanner search of any property in the person’s possession or control:

(d)

a search of any property in the person’s possession or control by an electronic screening device, other than a scanner, authorised by the chief executive:

(e)

an external examination of the person’s clothes going only as far as is necessary to detect items carried on the person and done by a court security officer of the same sex as the person, if the officer has reasonable grounds for asking for such a search:

(f)

a search of any property in the person’s possession or control, including a motor vehicle, by a means other than a scanner or another electronic device, if the officer has reasonable grounds for asking for such a search.

(2)

A court security officer may deny entry to, or remove, a person who does not consent to a search requested by the court security officer.

(3)

Sections 24 to 29 set out limits on the powers in this section.

14 Duty of court security officer relating to searches

(1)

A court security officer who makes a request under section 13(1) must at the same time tell the person that—

(a)

the search may not take place without the person’s consent; and

(b)

the person may withdraw his or her consent at any time before the search is finished but, if he or she does so, he or she may be denied entry to, or removed from, the court.

(2)

Sections 26 and 28 set out limits on the duty in this section.

15 Power to ask to examine detected items

(1)

A court security officer may ask a person whose person or property is searched under section 13 to hand over to the officer any item detected during the search so that the officer can examine it.

(2)

A court security officer may exercise the power in subsection (1) immediately after the search, but no later.

(3)

If a person does not comply with a request under subsection (1), the court security officer may exercise the power in subsection (4) or the power in subsection (5).

(4)

This subsection applies if the court security officer has no reasonable grounds to believe that the person may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence. The court security officer may deny entry to, or remove, the person.

(5)

This subsection applies if the court security officer has reasonable grounds to believe that the person may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence. The court security officer may exercise the powers in section 20.

(6)

Sections 24 to 29 set out limits on the powers in this section.

16 Power to seize detected items

(1)

This section applies if—

(a)

a person complies with a request under section 15(1); and

(b)

the item handed over is of such a nature as to give the court security officer reasonable grounds to believe that the person may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence; and

(c)

the person does not give the officer a reasonable excuse for the item being on the person’s person or property.

(2)

The court security officer may exercise the powers in section 20.

(3)

Sections 24 to 29 set out limits on the powers in this section.

17 Power to ask to take detected items into temporary custody

(1)

This section applies if—

(a)

a person complies with a request under section 15(1); and

(b)

the item handed over is not of such a nature as to give the court security officer reasonable grounds to believe that the person may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence; and

(c)

the officer has reasonable grounds to believe that the item may threaten the security of the court.

(2)

A court security officer may ask the person to leave the item with a court security officer to be returned when the person leaves the court.

(3)

A court security officer may exercise the power in subsection (2) immediately after the item is handed over, but no later.

(4)

A court security officer may deny entry to, or remove, a person who does not comply with a request under subsection (2).

(5)

Sections 24 to 29 set out limits on the powers in this section.

18 Duty of court security officer relating to taking of items into temporary custody

(1)

A court security officer who makes a request under section 17(2) must at the same time tell the person that—

(a)

the item may not be taken from the person without the person’s consent; and

(b)

the person may withdraw his or her consent at any time before leaving the court but, if he or she does so, he or she may be denied entry to, or removed from, the court.

(2)

Sections 26 and 28 set out limits on the duty in this section.

19 Power to detain if court security officer has reasonable grounds to believe person may have committed specified offence

(1)

This section applies if a court security officer has reasonable grounds to believe that a person who wants to enter, or is in, a court may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence.

(2)

The court security officer may exercise the powers in section 20.

(3)

Sections 24 to 29 set out limits on the powers in this section.

20 Powers to seize items and detain persons

(1)

If section 15(5) or section 16 applies, the court security officer may seize the item. If the officer does so, he or she must immediately detain the person and, as soon as reasonably practicable, call the Police.

(2)

If section 19 applies, the court security officer may detain the person. If the officer does so, he or she must, as soon as reasonably practicable, call the Police.

(3)

A court security officer may handcuff a detained person in the following circumstances:

(a)

the officer has reasonable grounds to believe that the person may abscond if not handcuffed; or

(b)

the officer has reasonable grounds to believe that the person may harm himself or herself or others if not handcuffed.

(4)

The officer may keep the handcuffs on until one of the following occurs:

(a)

the person is arrested, in which case the arresting Police officer must decide whether or not the handcuffs are to stay on; or

(b)

the person is not arrested, in which case a court security officer must remove the handcuffs.

(5)

With respect to a detained person, the court security officer must,—

(a)

if a Police officer wants to arrest the person, deliver him or her to the arresting Police officer; or

(b)

if no Police officer wants to arrest the person, free him or her.

(6)

With respect to a seized item, the court security officer must,—

(a)

if the person is arrested, hand it over to the arresting Police officer; or

(b)

if the person is not arrested, return it to the person.

(7)

Sections 24 to 29 set out limits on the powers in this section.

21 Power to use reasonable force

(1)

A court security officer may use the amount of force that is reasonable in the circumstances when exercising any of the powers or duties in sections 12(2), 13(2), 14(1)(b), 15(4), 17(4), 18(1)(b), or 20.

(2)

Sections 24 to 29 set out limits on the powers in this section.

22 Consequences of denial of entry to, or removal from, court

(1)

A person denied entry to, or removed from, a court under any of sections 12(2), 13(2), 14(1)(b), 15(4), 17(4), or 18(1)(b) is entitled to enter the court if—

(a)

he or she later complies with the relevant request; and

(b)

he or she complies with any further requests under any of sections 12(1), 13(1), 15(1), or 17(2).

(2)

The fact that a person was denied entry to, or was removed from, a court under any of sections 12(2), 13(2), 14(1)(b), 15(4), 17(4), or 18(1)(b) does not, by itself, give the person a reasonable excuse for not doing anything that the person—

(a)

was required to enter the court to do; or

(b)

wanted to enter the court to do; or

(c)

was at the court to do.

23 Duty of court security officer to inform of consequences when person denied entry or removed

A court security officer who denies a person entry to, or removes a person from, a court under any of sections 12(2), 13(2), 14(1)(b), 15(4), 17(4), or 18(1)(b) must at the same time tell the person the gist of section 22.

Limits on powers of court security officers

24 Powers not generally applicable to presiding judicial officers and other exempted persons

(1)

This section applies to the following categories of persons:

(a)

Judges:

(b)

Justices of the Peace whose names are on the list kept under section 6(1) of the Justices of the Peace Act 1957:

(c)

Community Magistrates:

(d)

registrars or deputy registrars of courts:

(e)

coroners:

(f)

persons holding office as referees under the Disputes Tribunals Act 1988:

(g)

persons holding office as tenancy adjudicators under the Residential Tenancies Act 1986:

(h)

individual persons, or classes of persons, exempted from the application of sections 12 to 23 by regulations made under section 36.

(2)

A court security officer may not exercise any of the powers or duties in sections 12 to 23 in relation to a person who the court security officer is satisfied is in at least 1 of the categories in subsection (1).

(3)

If a court security officer exercises the power in section 12(1)(a), and the person satisfies the officer that the person is in at least 1 of the categories in subsection (1), the officer may not exercise either of the powers in section 12(1)(b) or (c).

25 Powers not generally applicable to persons in custody of certain agencies

(1)

This section applies to the following categories of persons:

(a)

persons in the custody of the Police:

(b)

persons in the custody of security officers or officers under the Corrections Act 2004:

(c)

persons who—

(i)

have been placed in a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989; and

(ii)

have travelled from the residence to a court in the custody of one of the following custodians:

(A)

a member of staff of the residence; or

(B)

a social worker; or

(C)

a person authorised by a social worker for the purpose; and

(iii)

are in the custody of such a custodian while in the court.

In this paragraph, member of staff and social worker have the meanings given to those terms by regulation 2 of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996.

(2)

A court security officer may not exercise any of the powers or duties in sections 12 to 23 in relation to a person who a court security officer is satisfied is in one of the categories in subsection (1).

(3)

This section is subject to section 26.

Section 25(1)(b): amended, on 4 June 2013, by section 47 of the Corrections Amendment Act 2013 (2013 No 5).

Section 25(1)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

26 When powers applicable to persons in custody of certain agencies

(1)

In this section, person about to appear means a person who the court security officer is satisfied is in one of the categories in section 25(1) and who is about to appear before a presiding judicial officer.

(2)

A court security officer may exercise any of the powers in sections 13(1), 15(1), 15(5), 16, 17(2), 19, 20(1), 20(2), 20(3), or 21 in relation to a person about to appear if the presiding judicial officer directs the court security officer, in specific language, to exercise any such power in relation to the person.

(3)

Subsection (4) applies if—

(a)

the court security officer exercises a power under any of sections 13(1), 15(1), or 17(2) under subsection (2); and

(b)

either—

(i)

the person about to appear does not comply with a request under section 13(1) or section 17(2); or

(ii)

the person about to appear does not comply with a request under section 15(1) and is a person who the court security officer has no reasonable grounds to believe may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence (that is, section 15(4) applies); and

(c)

the presiding judicial officer directs the court security officer, in specific language, to act under subsection (4).

(4)

The court security officer may, without the consent of the person about to appear,—

(a)

carry out any search described in section 13(1); or

(b)

seize any item that the person was asked to hand over to a court security officer under section 15(1); or

(c)

seize any item that the person was asked to leave with a court security officer under section 17(2).

(5)

The fact that a presiding judicial officer directs the exercise of a power in any of sections 13(1)(e), 13(1)(f), 15(5), 16, 17(2), 19, 20(1), 20(2), or 20(3) constitutes reasonable grounds for the direction and for the exercise of the power.

27 Powers not generally applicable in courtroom where proceedings being heard

A court security officer may not exercise any of the powers or duties in sections 12 to 23 in a courtroom where proceedings are being heard. This section is subject to section 28.

28 When powers applicable in courtroom where proceedings being heard

(1)

A court security officer may exercise any of the powers in sections 12(1), 13(1), 15(1), 15(5), 16, 17(2), 19, 20(1), 20(2), 20(3), or 21 in a courtroom where proceedings are being heard in either of the sets of circumstances described in subsection (2).

(2)

The circumstances are—

(a)

the presiding judicial officer directs the court security officer, in specific or general language, to exercise any such power in relation to a person; or

(b)

the court security officer has reasonable grounds to believe—

(i)

that a person may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence; and

(ii)

that it is not practicable to wait for a direction under paragraph (a).

(3)

Subsection (4) applies if—

(a)

the court security officer exercises a power under any of sections 12(1), 13(1), 15(1), or 17(2) under subsection (2)(a); and

(b)

either—

(i)

the person does not comply with a request under sections 12(1), 13(1), or 17(2); or

(ii)

the person does not comply with a request under section 15(1) and is a person who the court security officer has no reasonable grounds to believe may recently have committed a specified offence in the court or in an area immediately adjacent to it or may be about to commit such an offence (that is, section 15(4) applies); and

(c)

the presiding judicial officer directs the court security officer, in specific language, to act under subsection (4).

(4)

The court security officer may, without the consent of the person,—

(a)

search the person and seize from him or her any evidence described in section 12(1)(b); or

(b)

carry out any search described in section 13(1); or

(c)

seize any item that the person was asked to hand over to a court security officer under section 15(1); or

(d)

seize any item that the person was asked to leave with a court security officer under section 17(2).

(5)

The fact that a presiding judicial officer directs the exercise of a power in any of sections 12(1)(c), 13(1)(e), 13(1)(f), 15(5), 16, 17(2), 19, 20(1), 20(2), or 20(3) constitutes reasonable grounds for the direction and for the exercise of the power.

(6)

Subsection (7) applies if—

(a)

the court security officer exercises a power under any of sections 12(1), 13(1), 15(1), or 17(2) under subsection (2)(b); and

(b)

the person does not comply with a request under sections 12(1), 13(1), 15(1), or 17(2).

(7)

The court security officer must, as soon as reasonably practicable, tell the presiding judicial officer what has occurred and seek his or her direction.

29 Powers not generally applicable if Police involved

(1)

A court security officer may not exercise any of the powers or duties in sections 12 to 23 in relation to a person while a Police officer is dealing with the person. This subsection is subject to subsection (2).

(2)

A court security officer may exercise any of the powers or duties in sections 12 to 23 in relation to a person being dealt with by a Police officer, if the Police officer requests the officer, in specific or general language, to do so.

Offence to obstruct court security officer

30 Offence to obstruct court security officer

(1)

A person commits an offence who resists or assaults or wilfully obstructs, or incites or encourages any person to resist, assault, or obstruct,—

(a)

a court security officer who is exercising any of the powers or duties in sections 12 to 23 or 26 or 28; or

(b)

a person who is helping a court security officer to exercise any such power or duty.

(2)

A person who commits an offence against this section is liable on conviction by a court presided over by a District Court Judge or 2 or more justices to a fine not exceeding $300 or to imprisonment for a term not exceeding 3 months.

Compare: 1957 No 87 s 192(9)

Section 30(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Immunities

31 Immunity of court security officers

A court security officer who exercises any of the powers or duties in sections 12 to 23 or 26 or 28 has all the protection and privileges of a constable for that exercise.

Compare: 1954 No 51 s 36L

32 Immunity of persons helping court security officers

(1)

This section applies to a person who—

(a)

believes in good faith that a court security officer needs help to exercise any of the powers or duties in sections 12 to 23 or 26 or 28; and

(b)

helps the court security officer to exercise any such power or duty; and

(c)

gives his or her help in a reasonable way.

(2)

Such a person has all the protection and privileges of a constable for giving his or her help.

Other related powers

33 Powers of other officials: court security officers may exercise

(1)

This section applies to any power or duty relating to security in a courtroom where proceedings are being heard that is given to any official other than a court security officer or a Police officer, for example, the power given to an officer of the court by section 112 of the District Courts Act 1947.

(2)

A court security officer may exercise any such power or duty if the presiding judicial officer directs the officer, in specific language, to do so.

34 Powers of court security officers: Police officers may exercise

Every Police officer has and may exercise all or any of the powers and duties given to a court security officer by this Act.

Compare: 1990 No 98 s 87

35 Powers of other persons not affected

(1)

The powers in this Act are in addition to, and do not derogate from, any other powers given to or possessed by any court, judge, or person relating to—

(a)

the conduct of proceedings in a courtroom or the regulation of the conduct of persons in a courtroom; or

(b)

the maintenance of security elsewhere in a court.

(2)

Nothing in this Act affects any other power of a court or tribunal in relation to contempt of court or of a tribunal or any other similar power.

Regulations

36 Regulations

The Governor-General may, from time to time, by Order in Council, make regulations—

(a)

declaring a specified court or tribunal to be a body to which this Act applies:

(b)

specifying the title of the officer who presides over a body declared under paragraph (a) to be a body to which this Act applies:

(c)

declaring any place described in the regulations to be a body to which this Act applies, either generally or for a specified period:

(d)

defining precisely the boundaries of a body to which this Act applies:

(e)

prescribing individual persons, or classes of persons, to whom sections 12 to 23 do not apply.

Reprints notes
1 General

This is a reprint of the Courts Security Act 1999 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Corrections Amendment Act 2013 (2013 No 5): section 47

Criminal Procedure Act 2011 (2011 No 81): section 413

Policing Act 2008 (2008 No 72): section 116(a)(vii)

Court Martial Appeals Amendment Act 2007 (2007 No 99): section 35

Corrections Act 2004 (2004 No 50): section 206

Judicature Amendment Act 2004 (2004 No 45): section 6(2)

Supreme Court Act 2003 (2003 No 53): section 48(1)

State Sector Amendment Act 2003 (2003 No 41): section 14(1)