Private Security Personnel and Private Investigators Act 2010

Reprint as at 18 December 2013

Private Security Personnel and Private Investigators Act 2010

Public Act2010 No 115
Date of assent20 September 2010
Commencementsee section 2

Note

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

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Meaning of private investigator

6 Meaning of security technician

7 Meaning of security consultant

8 Meaning of confidential document destruction agent

9 Meaning of property guard

10 Meaning of personal guard

11 Meaning of crowd controller

12 Governor-General may, by Order in Council, exclude certain persons from sections 5 to 11

13 Meaning of private investigator employee

14 Meaning of security technician employee

15 Meaning of security consultant employee

16 Meaning of confidential document destruction agent employee

17 Meaning of property guard employee

18 Meaning of personal guard employee

19 Meaning of crowd controller employee

20 Governor-General may by Order in Council exclude persons from definition of property guard employee, personal guard employee, and crowd controller employee

21 Act binds the Crown

22 Application of Act in certain cases

Part 2
Licences and certificates

Subpart 1Licences

Who must be licensed

23 Persons who must hold licence

Applying for licence

24 Application for licence: individual applicant

25 Application for licence: company applicant

26 Licensing Authority may make inquiries and request report

27 Notice of application for licence

Objections

28 Objections by Police to application for licence

29 Objections by other persons

Hearing of application

30 Application determined on papers

31 Application determined by oral hearing

Decision on application

32 Consideration of application relating to more than 1 class of business

33 Decision on application for licence

Issue, duration, etc, of licence

34 Issue of licence

35 Effect of licence

36 Duration of licence

37 Licensing Authority to notify Commissioner of Police when licence issued

Temporary certificate of approval for applicant for licence

38 Temporary certificate of approval for applicant for licence

General provisions, amendments, renewals, etc

39 Name under which licensee may carry on business

40 Persons not to act as officers of licensed company without consent of Licensing Authority

41 Amendment of licence

42 Renewal of licence

43 Annual return updating licence and certificate of approval information

Subpart 2Certificates of approval

Who must hold certificate of approval

44 Persons who must hold certificate of approval

45 Offences by licensees, etc, relating to requirements to hold certificate of approval

Applying for certificate of approval

46 Application for certificate of approval

47 Licensing Authority may make inquiries and request report

48 Notice of application for certificate of approval

Objections

49 Objections by Police to application for certificate of approval

Hearing of application

50 Application determined on papers

51 Application determined by oral hearing

Decision on application

52 Consideration of application relating to more than 1 class of responsible employee

53 Decision on application for certificate of approval

Issue, duration, etc, of certificate of approval

54 Issue of certificate of approval

55 Effect of certificate of approval

56 Duration of certificate of approval

57 Licensing Authority to notify Commissioner of Police when certificate of approval issued

58 Amendment of certificate of approval

59 Renewal of certificate of approval

Temporary certificates of approval

60 Temporary certificates of approval

Emergency appointments of responsible employees

61 Emergency appointment of responsible employee

Subpart 3Grounds of disqualification

Grounds of disqualification: Individual

62 Grounds of disqualification for individual applicant

Grounds of disqualification: Company

63 Grounds of disqualification for company

Waiver of ground of disqualification

64 Waiver of ground of disqualification while licence or certificate of approval in force

Part 3
Responsibilities of licensees and certificate holders

65 Production of licence

66 Production of certificate of approval

67 Requirement to wear identification badge

68 Identification badge

69 Licensee and certificate holder to keep records

70 Access by Police and Complaints, Investigation, and Prosecution Unit to records

71 Updating certificate information

72 Private investigator to display notices at offices

Part 4
Discipline

Complaints

73 Complaint against licensee

74 Complaint against certificate holder

75 Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecution Unit

76 Suspension of licence or certificate of approval pending determination of complaint

Disciplinary hearing

77 Hearing

Powers of Authority: Licensees

78 Disciplinary powers of Licensing Authority in respect of licensee

79 Mandatory grounds for cancellation of licence

80 Discretionary grounds for cancellation of licence

Powers of Authority: Certificate holders

81 Disciplinary powers of Licensing Authority in respect of holder of certificate of approval

82 Mandatory grounds for cancellation of certificate of approval

83 Discretionary grounds for cancellation of certificate

General provisions

84 Evidence of convictions in proceedings before Licensing Authority

85 Cancelled and suspended licences and certificates of approval must be returned to Licensing Authority

86 Penalties for offences not affected

Part 5
Licensing Authority and Complaints, Investigation, and Prosecution Unit

Licensing Authority

87 Private Security Personnel Licensing Authority

88 Functions of Authority

89 Qualifications of Licensing Authority

90 Term of office of Licensing Authority

91 Deputy Private Security Personnel Licensing Authority

92 Remuneration, and status under certain Acts

93 Licensing Authority to be Commission of Inquiry for certain purposes

94 Protection of Licensing Authority and Deputy Licensing Authorities

95 Administrative and secretarial services

96 Delegations

Registers

97 Registers

98 Inspection of registers

99 Statement by Licensing Authority as to contents of register

Complaints, Investigation, and Prosecution Unit

100 Complaints, Investigation, and Prosecution Unit

101 Functions of Complaints, Investigation, and Prosecution Unit

Part 6
General and miscellaneous provisions

General provisions

102 Appeals to District Court

103 Appeals to High Court on questions of law only

104 Power of Police and Complaints, Investigation, and Prosecution Unit to require information

105 Providing false information

106 Liability of officers of company for offences

107 General penalty for offences

108 Defence to charges involving failure to show or make copy of document, or show or make available any thing

Miscellaneous provisions

109 Licence or certificate not to confer additional powers on holder

110 Misleading conduct

111 Lost licences and certificates of approval

112 Voluntary surrender of licence or certificate of approval

113 Change of place of business

114 Regulations

115 Codes of conduct

116 Service of documents

117 Photographs

118 Civil remedies not affected

Repeals, revocations, and amendments

119 Repeals

120 Revocations

121 Amendments to other enactments

Transitional and savings provisions

122 Existing licences

123 Application of Act to, and expiry of, existing licences

124 Existing certificates of approval

125 Expiry of existing certificates of approval

126 Transition period for business or work of personal guard or crowd controller

127 Applications in progress

128 Disciplinary proceedings in progress

129 Provisions relating to Registrar

130 Savings provision for Order in Council

Schedule 1
Discretionary grounds for cancellation of licence or certificate

Schedule 2
Amendments to Acts

Schedule 3
Amendments to regulations

Reprint notes


The Parliament of New Zealand enacts as follows: