Private Security Personnel and Private Investigators Bill 297-3 (2008), Government Bill

  • enacted

Hon Nathan Guy

Private Security Personnel and Private Investigators Bill

Government Bill

297—3

As reported from the committee of the whole House

Contents

Key

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

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

13G Governor-General may by Order in Council exclude persons from definition of property guard employee, personal guard employee, and crowd controller employee

14 Act binds the Crown

15 Application of Act in certain cases

Part 2
Licences and certificates

Subpart 1Licences

Who must be licensed

16 Persons who must hold licence

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 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 2Certificates 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

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

Objections

45 Objections by Police to application for certificate of approval

Hearing of application

46 Application determined on papers

47 Application determined by oral hearing

Decision on application

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 3Grounds 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 3
Responsibilities of licensees and certificate holders

57 Production of licence

58 Production of 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

63 Updating certificate information

64 Private investigator to display notices at offices

Part 4
Discipline

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 5
Licensing 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 6
General and miscellaneous provisions

General 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

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 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: