Hon Nathan Guy
Government Bill
297—2
As reported from the Justice and Electoral Committee
Commentary
Key
1 Title
2 Commencement
Part 1Preliminary 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 Responsible employees
13 Meaning of private investigator employee
13A Meaning of security technician employee
13B Meaning of security consultant employee
13C Meaning of confidential document destruction agent employee
13D Meaning of property guard employee
13E Meaning of personal guard employee
13F Meaning of crowd controller employee
13G Governor-General may by Order in Council exclude persons from definition of crowd controller employee
14 Act binds the Crown
15 Application of Act in certain cases
Part 2Licences and certificates
Subpart 1—Licences
Who must be licensed
16 Persons who must hold licence
Grounds of disqualification: licences
17 Grounds of disqualification for individual applicant
18 Grounds of disqualification for company
Applying for licence
19 Application for licence: individual applicant
20 Application for licence: company applicant
21 Licensing Authority may make inquiries and request report
22 Notice of application for licence
Objections
23 Objections by Police to application for licence
24 Objections by other persons
Hearing of application
25 Hearing of application for licence
26 Cases in which hearing may be dispensed with
25 Application determined on papers
26 Application determined by oral hearing
Decision on application
27 Consideration of application relating to more than 1 class of business
28 Decision on application for licence
Issue, duration, etc, of licence
29 Issue of licence
30 Effect of licence
31 Duration of licence
32 Licensing Authority to notify Commissioner of Police when licence issued
Temporary certificate of approval for applicant for licence
33 Temporary certificate of approval for applicant for licence
General provisions, amendments, renewals, etc
34 Name under which licensee may carry on business
35 Persons not to act as officers of licensed company without consent of Licensing Authority
36 Amendment of licence
37 Renewal of licence
38 Annual return updating licence and certificate of approval information
Subpart 2—Certificates of approval
Who must hold certificate of approval
39 Persons who must hold certificate of approval
40 Offences by licensees, etc, relating to requirements to hold certificate of approval
Grounds of disqualification: certificates of approval
41 Grounds of disqualification
Applying for certificate of approval
42 Application for certificate of approval
43 Licensing Authority may make inquiries and request report
44 Notice of application for certificate of approval
45 Objections by Police to application for certificate of approval
46 Hearing of application for certificate of approval
47 Cases in which hearing may be dispensed with
46 Application determined on papers
47 Application determined by oral hearing
48 Consideration of application relating to more than 1 class of responsible employee
49 Decision on application for certificate of approval
Issue, duration, etc, of certificate of approval
50 Issue of certificate of approval
51 Effect of certificate of approval
52 Duration of certificate of approval
53 Licensing Authority to notify Commissioner of Police when certificate of approval issued
53A Amendment of certificate of approval
54 Renewal of certificate of approval
Temporary certificates of approval
55 Temporary certificates of approval
Emergency appointments of responsible employees
56 Emergency appointment of responsible employee
Subpart 3—Grounds of disqualification
Grounds of disqualification: individual
56A Grounds of disqualification for individual applicant
Grounds of disqualification: company
56B Grounds of disqualification for company
Waiver of ground of disqualification
56C Waiver of ground of disqualification while licence or certificate of approval in force
Part 3Responsibilities of licensees and certificate holders
57 Production of licence
58 Production of certificate of approval
59 Requirement to wear licence or certificate of approval
59 Requirement to wear identification badge
59A Identification badge
60 Licensee and certificate holder to keep records
61 Access by Police and Complaints, Investigation, and Prosecution Unit to records
62 Notice to Licensing Authority of change of employment
63 Updating certificate information
64 Private investigator to display notices at offices
65 Private investigator to render account to principal
66 Private investigator or employee not to take photographs or make recordings without consent
Part 4Discipline
Complaints
67 Complaint against licensee
68 Complaint against certificate holder
69 Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecutions Unit
70 Suspension of licence or certificate of approval pending determination of complaint
Disciplinary hearing
71 Hearing
Powers of Authority: licensees
72 Disciplinary powers of Licensing Authority in respect of licensee
73 Mandatory grounds for cancellation of licence
74 Discretionary grounds for cancellation of licence
Powers of Authority: certificate holders
75 Disciplinary powers of Licensing Authority in respect of holder of certificate of approval
76 Mandatory grounds for cancellation of certificate of approval
77 Discretionary grounds for cancellation of certificate
General provisions
78 Evidence of convictions in proceedings before Licensing Authority
79 Cancelled and suspended licences and certificates of approval must be returned to Licensing Authority
80 Penalties for offences not affected
Part 5Licensing Authority and Complaints, Investigation, and Prosecution Unit
Licensing Authority
81 Private Security Personnel Licensing Authority
81A Functions of Authority
82 Qualifications of Licensing Authority
83 Term of office of Licensing Authority
84 Deputy Private Security Personnel Licensing Authority
85 Remuneration, and status under certain Acts
86 Licensing Authority to be Commission of Inquiry for certain purposes
87 Protection of Licensing Authority and Deputy Licensing Authorities
88 Administrative and secretarial services
89 Delegations
Registers
90 Registers
91 Inspection of registers
92 Statement by Licensing Authority as to contents of register
Complaints, Investigation, and Prosecution Unit
93 Complaints, Investigation, and Prosecution Unit
93A Functions of Complaints, Investigation, and Prosecution Unit
Part 6General and miscellaneous provisions
94 Appeals to District Court
94A Appeals to High Court on questions of law only
95 Power of Police and Complaints, Investigation, and Prosecution Unit to require information
96 Providing false information
97 Liability of officers of company for offences
98 General penalty for offences
99 Defence to charges involving failure to show or make copy of document, or show or make available any thing
100 Waiver of ground of disqualification while licence or certificate of approval in force
Miscellaneous provisions
101 Licence or certificate not to confer additional powers on holder
102 Misleading conduct
103 Lost licences and certificates of approval
104 Voluntary surrender of licence or certificate of approval
105 Change of place of business
106 Regulations
106A Codes of conduct
107 Service of documents
108 Photographs
109 Civil remedies not affected
Repeals, revocations, and amendments
110 Repeals
110A Revocations
111 Amendments to other enactments
Transitional and savings provisions
112 Existing licences
113 Existing certificates of approval
113 Application of Act to, and expiry of, existing licences
113A Existing certificates of approval
113B Expiry of existing certificates of approval
113C Transition period for business or work of personal guard or crowd controller
114 Applications in progress
115 Disciplinary proceedings in progress
116 Provisions relating to Registrar
117 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
Legislative history
The Parliament of New Zealand enacts as follows: