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

2013/321

Coat of Arms of New Zealand

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

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of August 2013

Present:
His Excellency the Governor-General in Council

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.

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.

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).

6 Transitional provision
  • The following people are not required to meet the minimum training requirements set out in regulation 4(1) until 1 October 2014:

    • (a) a person who held a licence or certificate of approval immediately before the date these regulations came into force:

    • (b) a person who submitted an application for a licence or certificate of approval to the Licensing Authority before the date these regulations came into force if the application—

      • (i) complied with section 24 or 46 of the Act (as the case may be); and

      • (ii) was not determined before the date these regulations came into force.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2013, prescribe minimum training requirements for crowd controllers, crowd controller employees, property guards, property guard employees, personal guards, and personal guard employees.

The regulations require security personnel to hold—

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

  • NZQA unit standards 27360 and 27361 to demonstrate basic and intermediate skills for managing conflict situations in a security context.

The regulations also—

  • deem certain holders of NZQA unit standard 22604 and certain holders of an NZQF National Certificate in Security to have the basic knowledge of the security industry required by NZQA unit standard 27364; and

  • give existing licence and certificate of approval holders (and people who applied for a licence or certificate before the regulations came into force) until 1 October 2014 to meet the minimum training requirements.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 August 2013.

These regulations are administered by the Ministry of Justice.