Private Security Personnel and Private Investigators Act 2010

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Private Security Personnel and Private Investigators Act 2010

Public Act
 
2010 No 115
Date of assent
 
20 September 2010
Commencement
 
see section 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

1Title
2Commencement
3Purpose
4Interpretation
5Meaning of private investigator
6Meaning of security technician
7Meaning of security consultant
8Meaning of confidential document destruction agent
8AMeaning of repossession agent
9Meaning of property guard
10Meaning of personal guard
11Meaning of crowd controller
12Governor-General may, by Order in Council, exclude certain persons from sections 5 to 11
13Meaning of private investigator employee
14Meaning of security technician employee
15Meaning of security consultant employee
16Meaning of confidential document destruction agent employee
16AMeaning of repossession employee
17Meaning of property guard employee
18Meaning of personal guard employee
19Meaning of crowd controller employee
20Governor-General may by Order in Council exclude persons from definition of repossession employee, property guard employee, personal guard employee, and crowd controller employee
21Act binds the Crown
22Application of Act in certain cases
23Persons who must hold licence
24Application for licence: individual applicant
25Application for licence: company applicant
26Licensing Authority may make inquiries and request report
27Notice of application for licence
28Objections by Police to application for licence
29Objections by other persons
30Application determined on papers
31Application determined by oral hearing
32Consideration of application relating to more than 1 class of business
33Decision on application for licence
34Issue of licence
35Effect of licence
36Duration of licence
37Licensing Authority to notify Commissioner of Police when licence issued
38Temporary certificate of approval for applicant for licence
39Name under which licensee may carry on business
40Persons not to act as officers of licensed company without consent of Licensing Authority
41Amendment of licence
42Renewal of licence
43Annual return updating licence and certificate of approval information
44Persons who must hold certificate of approval
45Offences by licensees, etc, relating to requirements to hold certificate of approval
46Application for certificate of approval
47Licensing Authority may make inquiries and request report
48Notice of application for certificate of approval
49Objections by Police to application for certificate of approval
50Application determined on papers
51Application determined by oral hearing
52Consideration of application relating to more than 1 class of responsible employee
53Decision on application for certificate of approval
54Issue of certificate of approval
55Effect of certificate of approval
56Duration of certificate of approval
57Licensing Authority to notify Commissioner of Police when certificate of approval issued
58Amendment of certificate of approval
59Renewal of certificate of approval
60Temporary certificates of approval
61Emergency appointment of responsible employee
62Grounds of disqualification for individual applicant
63Grounds of disqualification for company
64Waiver of ground of disqualification while licence or certificate of approval in force
65Production of licence
66Production of certificate of approval
67Requirement to wear identification badge
68Identification badge
69Licensee and certificate holder to keep records
70Access by Police and Complaints, Investigation, and Prosecution Unit to records
71Updating certificate information
72Private investigator to display notices at offices
73Complaint against licensee
74Complaint against certificate holder
75Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecution Unit
76Suspension of licence or certificate of approval pending determination of complaint
77Hearing
78Disciplinary powers of Licensing Authority in respect of licensee
79Mandatory grounds for cancellation of licence
80Discretionary grounds for cancellation of licence
81Disciplinary powers of Licensing Authority in respect of holder of certificate of approval
82Mandatory grounds for cancellation of certificate of approval
83Discretionary grounds for cancellation of certificate
84Evidence of convictions in proceedings before Licensing Authority
85Cancelled and suspended licences and certificates of approval must be returned to Licensing Authority
86Penalties for offences not affected
87Private Security Personnel Licensing Authority
88Functions of Authority
89Qualifications of Licensing Authority
90Term of office of Licensing Authority
91Deputy Private Security Personnel Licensing Authority
92Remuneration, and status under certain Acts
93Licensing Authority to be Commission of Inquiry for certain purposes
94Protection of Licensing Authority and Deputy Licensing Authorities
95Administrative and secretarial services
96Delegations
97Registers
98Inspection of registers
99Statement by Licensing Authority as to contents of register
100Complaints, Investigation, and Prosecution Unit
101Functions of Complaints, Investigation, and Prosecution Unit
102Appeals to District Court
103Appeals to High Court on questions of law only
104Power of Police and Complaints, Investigation, and Prosecution Unit to require information
105Providing false information
106Liability of officers of company for offences
107General penalty for offences
108Defence to charges involving failure to show or make copy of document, or show or make available any thing
109Licence or certificate not to confer additional powers on holder
110Misleading conduct
111Lost licences and certificates of approval
112Voluntary surrender of licence or certificate of approval
113Change of place of business
114Regulations
115Codes of conduct
116Service of documents
117Photographs
118Civil remedies not affected
119Repeals
120Revocations
121Amendments to other enactments
122Existing licences
123Application of Act to, and expiry of, existing licences
124Existing certificates of approval
125Expiry of existing certificates of approval
126Transition period for business or work of personal guard or crowd controller
126ATransitional provisions relating to repossession agents and repossession employees
127Applications in progress
128Disciplinary proceedings in progress
129Provisions relating to Registrar
130Savings provision for Order in Council
Reprint notes

The Parliament of New Zealand enacts as follows: