Reprint as at 18 December 2013
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this 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.
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 Meaning of private investigator employee
14 Meaning of security technician employee
15 Meaning of security consultant employee
16 Meaning of confidential document destruction agent employee
17 Meaning of property guard employee
18 Meaning of personal guard employee
19 Meaning of crowd controller employee
20 Governor-General may by Order in Council exclude persons from definition of property guard employee, personal guard employee, and crowd controller employee
21 Act binds the Crown
22 Application of Act in certain cases
Part 2Licences and certificates
Subpart 1—Licences
Who must be licensed
23 Persons who must hold licence
Applying for licence
24 Application for licence: individual applicant
25 Application for licence: company applicant
26 Licensing Authority may make inquiries and request report
27 Notice of application for licence
Objections
28 Objections by Police to application for licence
29 Objections by other persons
Hearing of application
30 Application determined on papers
31 Application determined by oral hearing
Decision on application
32 Consideration of application relating to more than 1 class of business
33 Decision on application for licence
Issue, duration, etc, of licence
34 Issue of licence
35 Effect of licence
36 Duration of licence
37 Licensing Authority to notify Commissioner of Police when licence issued
Temporary certificate of approval for applicant for licence
38 Temporary certificate of approval for applicant for licence
General provisions, amendments, renewals, etc
39 Name under which licensee may carry on business
40 Persons not to act as officers of licensed company without consent of Licensing Authority
41 Amendment of licence
42 Renewal of licence
43 Annual return updating licence and certificate of approval information
Subpart 2—Certificates of approval
Who must hold certificate of approval
44 Persons who must hold certificate of approval
45 Offences by licensees, etc, relating to requirements to hold certificate of approval
Applying for certificate of approval
46 Application for certificate of approval
47 Licensing Authority may make inquiries and request report
48 Notice of application for certificate of approval
49 Objections by Police to application for certificate of approval
50 Application determined on papers
51 Application determined by oral hearing
52 Consideration of application relating to more than 1 class of responsible employee
53 Decision on application for certificate of approval
Issue, duration, etc, of certificate of approval
54 Issue of certificate of approval
55 Effect of certificate of approval
56 Duration of certificate of approval
57 Licensing Authority to notify Commissioner of Police when certificate of approval issued
58 Amendment of certificate of approval
59 Renewal of certificate of approval
Temporary certificates of approval
60 Temporary certificates of approval
Emergency appointments of responsible employees
61 Emergency appointment of responsible employee
Subpart 3—Grounds of disqualification
Grounds of disqualification: Individual
62 Grounds of disqualification for individual applicant
Grounds of disqualification: Company
63 Grounds of disqualification for company
Waiver of ground of disqualification
64 Waiver of ground of disqualification while licence or certificate of approval in force
Part 3Responsibilities of licensees and certificate holders
65 Production of licence
66 Production of certificate of approval
67 Requirement to wear identification badge
68 Identification badge
69 Licensee and certificate holder to keep records
70 Access by Police and Complaints, Investigation, and Prosecution Unit to records
71 Updating certificate information
72 Private investigator to display notices at offices
Part 4Discipline
Complaints
73 Complaint against licensee
74 Complaint against certificate holder
75 Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecution Unit
76 Suspension of licence or certificate of approval pending determination of complaint
Disciplinary hearing
77 Hearing
Powers of Authority: Licensees
78 Disciplinary powers of Licensing Authority in respect of licensee
79 Mandatory grounds for cancellation of licence
80 Discretionary grounds for cancellation of licence
Powers of Authority: Certificate holders
81 Disciplinary powers of Licensing Authority in respect of holder of certificate of approval
82 Mandatory grounds for cancellation of certificate of approval
83 Discretionary grounds for cancellation of certificate
General provisions
84 Evidence of convictions in proceedings before Licensing Authority
85 Cancelled and suspended licences and certificates of approval must be returned to Licensing Authority
86 Penalties for offences not affected
Part 5Licensing Authority and Complaints, Investigation, and Prosecution Unit
Licensing Authority
87 Private Security Personnel Licensing Authority
88 Functions of Authority
89 Qualifications of Licensing Authority
90 Term of office of Licensing Authority
91 Deputy Private Security Personnel Licensing Authority
92 Remuneration, and status under certain Acts
93 Licensing Authority to be Commission of Inquiry for certain purposes
94 Protection of Licensing Authority and Deputy Licensing Authorities
95 Administrative and secretarial services
96 Delegations
Registers
97 Registers
98 Inspection of registers
99 Statement by Licensing Authority as to contents of register
Complaints, Investigation, and Prosecution Unit
100 Complaints, Investigation, and Prosecution Unit
101 Functions of Complaints, Investigation, and Prosecution Unit
Part 6General and miscellaneous provisions
102 Appeals to District Court
103 Appeals to High Court on questions of law only
104 Power of Police and Complaints, Investigation, and Prosecution Unit to require information
105 Providing false information
106 Liability of officers of company for offences
107 General penalty for offences
108 Defence to charges involving failure to show or make copy of document, or show or make available any thing
Miscellaneous provisions
109 Licence or certificate not to confer additional powers on holder
110 Misleading conduct
111 Lost licences and certificates of approval
112 Voluntary surrender of licence or certificate of approval
113 Change of place of business
114 Regulations
115 Codes of conduct
116 Service of documents
117 Photographs
118 Civil remedies not affected
Repeals, revocations, and amendments
119 Repeals
120 Revocations
121 Amendments to other enactments
Transitional and savings provisions
122 Existing licences
123 Application of Act to, and expiry of, existing licences
124 Existing certificates of approval
125 Expiry of existing certificates of approval
126 Transition period for business or work of personal guard or crowd controller
127 Applications in progress
128 Disciplinary proceedings in progress
129 Provisions relating to Registrar
130 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
Reprint notes
The Parliament of New Zealand enacts as follows: