Private Security Personnel and Private Investigators (Minimum Training) Regulations 2013

Reprint as at 1 May 2019

Coat of Arms of New Zealand

Private Security Personnel and Private Investigators (Minimum Training) Regulations 2013

(SR 2013/321)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of August 2013

Present:
His Excellency the Governor-General in Council

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.

These regulations are administered by the Ministry of Justice.

Pursuant to section 114 of the Private Security Personnel and Private Investigators Act 2010, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Private Security Personnel and Private Investigators (Minimum Training) Regulations 2013.

2 Commencement

These regulations come into force on 1 October 2013.

3 Interpretation

In these regulations, unless the context otherwise requires,—

crowd controller has the meaning given to it in section 11 of the Act

crowd controller employee has the meaning given to it in section 19 of the Act

Licensing Authority has the meaning given to it in section 4 of the Act

NZQA means the New Zealand Qualifications Authority (established under Part 20 of the Education Act 1989)

NZQA unit standard 22604 means NZQA unit standard 22604 (Demonstrate knowledge of the requirements of a doorperson in the hospitality industry)

NZQA unit standard 27360 means NZQA unit standard 27360 (Demonstrate knowledge of managing conflict situations in a security context) or any substantially equivalent NZQA unit standard that replaces it

NZQA unit standard 27361 means NZQA unit standard 27361 (Manage conflict situations in a security context) or any substantially equivalent NZQA unit standard that replaces it

NZQA unit standard 27364 means NZQA unit standard 27364 (Demonstrate knowledge of the security industry in the pre-employment context) or any substantially equivalent NZQA unit standard that replaces it

NZQF means the New Zealand Qualifications Framework administered by the NZQA

personal guard has the meaning given to it in section 10 of the Act

personal guard employee has the meaning given to it in section 18 of the Act

property guard has the meaning given to it in section 9 of the Act

property guard employee has the meaning given to it in section 17 of the Act.

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Regulation 3A: inserted, on 1 May 2019, by regulation 4 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

4 Minimum training requirements

(1)

Crowd controllers, crowd controller employees, property guards, property guard employees, personal guards, and personal guard employees must hold the following qualifications:

(a)

NZQA unit standard 27364 (to demonstrate pre-employment knowledge of the security industry); and

(b)

NZQA unit standard 27360 (to demonstrate basic conflict situation management skills); and

(c)

NZQA unit standard 27361 (to demonstrate intermediate conflict situation management skills).

(2)

Failure to meet the minimum training requirements set out in subclause (1) is a ground for disqualification under section 62(i) of the Act.

(3)

Despite subclauses (1) and (2), the Licensing Authority may, in accordance with section 60(3) of the Act, issue a temporary certificate of approval to a crowd controller employee, property guard employee, or personal guard employee who does not meet the minimum training requirements to enable that person to obtain the required training.

(4)

This regulation is subject to regulation 5A.

Regulation 4(4): inserted, on 1 May 2019, by regulation 5 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

5 Equivalents

(1)

A person who holds an NZQF National Certificate in Security at Level 2 or higher is deemed to meet the minimum training requirements set out in regulation 4(1)(a) if—

(a)

that certificate was issued on or after 1 January 2009; or

(b)

the person held a licence or certificate of approval immediately before the date these regulations came into force.

(2)

A person who holds an NZQA unit standard 22604 that was issued before the date these regulations came into force is deemed to meet the minimum training requirements set out in regulation 4(1)(a).

(3)

A person who holds one of the following qualifications is deemed to meet the minimum training requirements set out in regulation 4(1)(a):

(a)

NZQF New Zealand Certificate in Security (Foundation) (Level 3):

(b)

NZQF New Zealand Certificate in Security (Advanced) (Level 4):

(c)

NZQF New Zealand Diploma in Security (Level 6).

Regulation 5(3): inserted, on 1 May 2019, by regulation 6 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

5A Exemptions

Regulation 4 does not apply to—

(a)

a property guard who carries on only a business described in section 9(1)(b) of the Act:

(b)

a property guard employee who does only the work described in section 17(b) of the Act.

Regulation 5A: inserted, on 1 May 2019, by regulation 7 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

6 Transitional provision
[Revoked]

Regulation 6: revoked, on 1 May 2019, by regulation 8 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

Schedule 1 Transitional, savings, and related provisions

r 3A

Schedule 1: inserted, on 1 May 2019, by regulation 9 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

Part 1 Provisions relating to Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019

1 Interpretation

In this Part,—

commencement date means 1 May 2019

pending certificate of approval application means an application that—

(a)

is for a certificate of approval for the class of responsible employee defined in section 17 of the Act; and

(b)

was made, but not determined, before the commencement date

pending licence application means an application that—

(a)

is for a licence for a class of business described in section 9 of the Act; and

(b)

was made, but not determined, before the commencement date.

Schedule 1 clause 1: inserted, on 1 May 2019, by regulation 9 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

2 Transitional provision relating to pending applications

(1)

Regulation 4 does not apply to a person who has—

(a)

a pending licence application; and

(b)

advised the Licensing Authority that the person is seeking a licence to carry on only a business described in section 9(1)(b) of the Act; and

(c)

not completed the training requirements set out in regulation 4(1).

(2)

Regulation 4 does not apply to a person who has—

(a)

a pending certificate of approval application; and

(b)

advised the Licensing Authority that the person is seeking a certificate of approval to do only the work described in section 17(b) of the Act; and

(c)

not completed the training requirements set out in regulation 4(1).

Schedule 1 clause 2: inserted, on 1 May 2019, by regulation 9 of the Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations 2019 (LI 2019/58).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 August 2013.

Reprints notes
1 General

This is a reprint of the Private Security Personnel and Private Investigators (Minimum Training) Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

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/.