The purpose of this Act is to ensure that persons offering specified private security and investigation services for hire, and personnel providing those services,—

• (a) are suitably qualified to carry out that work; and

• (b) do not behave in ways that are contrary to the public interest.

In this Act, unless the context otherwise requires,—

(1) In this Act, private investigator means a person who, for valuable consideration, either by himself or herself or in partnership with any other person, carries on a business seeking or obtaining for any person or supplying to any person any information described in subsection (2).

(2) For the purposes of this section, information—

• (a) means any information relating to—

  • (i) the personal character, actions, or behaviour of any person; or

  • (ii) the financial position of any person; or

  • (iii) the occupation or business of any person; or

  • (iv) the identity or whereabouts of any person; but

• (b) does not include information that is contained in a public record.

(3) For the purposes of this section but without limiting the meaning of the term carries on any business, a person is carrying on a business if he or she holds himself or herself out to the public as being ready to carry on that business.

(4) Despite subsection (1), no person is a private investigator within the meaning of this Act by reason of the fact that—

• (a) he or she seeks, obtains, or supplies any information—

  • (i) for or to the Crown, or any constable, or any local authority; or

  • (ii) at the request of a person who is not a client of the business; or

  • (iii) only as a necessary, usual, or reasonable incident of any other activity by that person that is not described in that subsection; or

  • (iv) for any purpose relating to the dissemination of news or other information to the public or to any section of the public; or

  • (v) for any cultural or historical purpose or for any purpose relating to education, literature, or science; or

  • (vi) relating only to the person by whom he or she is engaged or retained; or

  • (vii) in the course of and for the purposes of the business of a bank, or of a credit bureau, or of a debt collecting agency; or

• (b) he or she is a security technician, security consultant, confidential document destruction agent, property guard, personal guard, or crowd controller.

(1) In this Act, security technician means a person who for valuable consideration, either by himself or herself or in partnership with any other person, carries on a business—

• (a) installing or repairing on, or removing from, any part of any premises that are not owned or occupied by himself or herself or his or her firm or any of his or her partners—

  • (i) a burglar alarm or similar warning device intended to immediately alert a person or persons to the presence of a person or persons in a particular place; or

  • (ii) a locking device for a safe or a strongroom; or

• (b) installing, operating, causing to be operated, or repairing, on or in, or removing from, any premises or other place not owned or occupied by himself or herself or his or her firm or any of his or her partners, any camera or similar device for the purpose of detecting the commission of any offence by any person.

(2) Subsection (1)(b) applies even if more than one purpose exists for the installation, operation, repair, or removal of the camera or similar device so long as one of the purposes is to detect the commission of any offence by any person.

In this Act, security consultant means a person who for valuable consideration, either by himself or herself or in partnership with any other person, carries on a business—

• (a) entering any premises that are not owned or occupied by himself or herself or his or her firm or any of his or her partners for the purpose of selling or attempting to sell any device of the kind referred to in paragraph (a) or (b) of section 6(1); or

• (b) entering any premises that are not owned or occupied by himself or herself or his or her firm or any of his or her partners for the purpose of advising the owner or occupier of the premises on the desirability of having installed on the premises any, or any further, such device; or

• (c) entering any premises that are not owned or occupied by himself or herself or his or her firm or any of his or her partners for the purpose of advising the owner or occupier of the premises on the desirability of having guarded the premises or any other property that may from time to time be on the premises or dispatched from the premises.

In this Act, confidential document destruction agent means a person who for valuable consideration, either by himself or herself or in partnership with any other person, carries on a business—

• (a) collecting, for destruction, documents identified as being of a confidential nature; and

• (b) destroying those documents.

(1) In this Act, property guard means a person who for valuable consideration, either by himself or herself or in partnership with any other person, carries on a business—

• (a) guarding, elsewhere than on premises owned or occupied by himself or herself or his or her firm or any of his or her partners, any real or personal property belonging to another person; or

• (b) monitoring in real time, elsewhere than on premises owned or occupied by himself or herself or his or her firm or any of his or her partners, any of the following:

  • (i) a burglar alarm or similar warning device intended to immediately alert a person or persons to the presence of a person or persons in a particular place:

  • (ii) a camera or similar device; or

• (c) responding to any device in paragraph (b)(i) or (ii) that has been activated and that is on any part of any premises that are not owned or occupied by himself or herself or his or her firm or any of his or her partners.

(2) A person is not a property guard solely because he or she does the work described in section 8.

In this Act, personal guard means a person who for valuable consideration, either by himself or herself or in partnership with any other person, carries on a business—

• (a) guarding a specific person or persons; or

• (b) guarding a specific person or persons and keeping order at any place (not being premises or a conveyance licensed under the Sale of Liquor Act 1989) where the person or persons being guarded may be.

(1) In this Act, crowd controller means a person who for valuable consideration, either by himself or herself or in partnership with any other person, carries on a business doing all or any of the following:

• (a) screening entry to a place (other than simply ensuring that admission has been paid or that those entering have appropriate invitations or passes):

• (b) keeping order in a place (more than merely being expected to draw the attention of others to behaviour that is inappropriate or threatens to become inappropriate):

• (c) removing any person from a place.

(2) A person is not a crowd controller solely because he or she does the work described in section 10.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

• (a) declare that certain persons or classes of persons are not any one of the persons defined in sections 5 to 11 (as specified in the Order in Council) by reason only of the fact that they carry on any occupation or business described in the order:

• (b) declare that certain persons or classes of persons are not any one of the persons defined in sections 5 to 11 (as specified in the Order in Council) by reason only of the fact that they carry on any occupation or business described in the order conditional on—

  • (i) those persons being members or affiliates of a named professional organisation or licensed under the law of New Zealand or any other place outside New Zealand; or

  • (ii) some other requirement being satisfied:

• (c) declare that certain persons or classes of persons are not any one of the persons defined in sections 5 to 11 (as specified in the Order in Council) if they carry on an occupation or business only during the period or in the circumstances described in the order.

(2) The Minister must not make a recommendation under subsection (1) unless the Minister—

• (a) is satisfied that there is no material benefit to be gained by requiring the persons concerned to be licensed; and

• (b) has consulted the persons or organisations that, in the opinion of the Minister, have an interest in the proposed declaration.

In this Act, private investigator employee means an individual who in the course of his or her employment, or engagement as a contractor, by a private investigator seeks, or obtains for any person or supplies to any person, any information specified in section 5(2).

In this Act, security technician employee means an individual who in the course of his or her employment, or engagement as a contractor, by a security technician—

• (a) installs or repairs on, or removes from, any part of any premises that are not owned or occupied by the security technician, the security technician's firm, or any of the security technician's partners—

  • (i) a burglar alarm or similar warning device intended to immediately alert a person or persons to the presence of a person or persons in a particular place; or

  • (ii) a locking device for a safe or a strongroom; or

• (b) installs, operates, causes to be operated, or repairs, on or in, or removes from, any premises or other place not owned or occupied by the security technician, the security technician's firm, or any of the security technician's partners any camera or similar device for the purpose of detecting the commission of any offence by any person.

In this Act, security consultant employee means an individual who in the course of his or her employment, or engagement as a contractor, by a security consultant—

• (a) enters any premises that are not owned or occupied by the security consultant, the security consultant's firm, or any of the security consultant's partners for the purpose of selling or attempting to sell any device of the kind referred to in section 6(1)(a) or (b); or

• (b) enters any premises that are not owned or occupied by the security consultant, the security consultant's firm, or any of the security consultant's partners for the purpose of advising the owner or occupier of the premises on the desirability of having installed on the premises any, or any further, such device; or

• (c) enters any premises that are not owned or occupied by the security consultant, the security consultant's firm, or any of the security consultant's partners for the purpose of advising the owner or occupier of the premises on the desirability of having guarded the premises or any other property that may from time to time be on the premises or dispatched from the premises.

In this Act, confidential document destruction agent employee means an individual who in the course of his or her employment, or engagement as a contractor, by a confidential document destruction agent—

• (a) collects, for destruction, documents identified as being of a confidential nature; and

• (b) destroys those documents.

In this Act, property guard employee means an individual who in the course of his or her employment, or engagement as a contractor, by a property guard—

• (a) guards, elsewhere than on premises owned or occupied by the property guard, the property guard's firm, or any of the property guard's partners, any real or personal property belonging to another person; or

• (b) monitors in real time, elsewhere than on premises owned or occupied by the property guard, the property guard's firm, or any of the property guard's partners, any of the following:

  • (i) a burglar alarm or similar warning device intended to immediately alert a person or persons to the presence of a person or persons in a particular place:

  • (ii) a camera or similar device; or

• (c) responds to any device in paragraph (b)(i) or (ii) that has been activated and that is on any part of any premises that are not owned or occupied by the property guard, the property guard's firm, or any of the property guard's partners.

In this Act, personal guard employee means an individual who in the course of his or her employment, or engagement as a contractor, by a personal guard—

• (a) guards a specific person or persons; or

• (b) guards a specific person or persons and keeps order at any place (not being premises or a conveyance licensed under the Sale of Liquor Act 1989) where the person or persons being guarded may be.

(1) In this Act, crowd controller employee means an individual who in the course of his or her employment, or engagement as a contractor, by a crowd controller or other person—

• (a) screens entry to a place (other than simply ensuring that admission has been paid or that those entering have appropriate invitations or passes):

• (b) keeps order in a place (more than merely being expected to draw the attention of others to behaviour that is inappropriate or threatens to become inappropriate):

• (c) removes any person from a place.

(2) A person is not a crowd controller employee if—

• (a) he or she is not employed or engaged primarily to do work of a kind specified in subsection (1)(a), (b), or (c), but performs that work incidentally to the principal work he or she performs; or

• (b) he or she does the work specified in section 13E(b) and no other work of a kind specified in subsection (1)(a), (b), or (c).

(1) The Governor-General may, by Order in Council, made on the recommendation of the Minister,—

• (a) declare that certain persons or classes of persons are not crowd controller employees by reason only of the fact that they do anything described in the order:

• (b) declare that certain persons or classes of persons are not crowd controller employees if they do anything specified in section 13F(1)(a), (b), or (c) only in the circumstances described in the order:

• (c) declare that certain persons or classes of persons are not crowd controller employees for the purpose of their work at a specified event or type of event provided that conditions specified in the order are complied with.

(2) The Minister must not make a recommendation under subsection (1) unless the Minister—

• (a) is satisfied that there is no material benefit to be gained by requiring the persons concerned to hold certificates of approval; and

• (b) has consulted the persons or organisations that, in the opinion of the Minister, have an interest in the proposed declaration.

(1) The Governor-General may, by Order in Council, made on the recommendation of the Minister, declare that certain persons or classes of persons are not any one of the classes of responsible employee described in sections 13D, 13E, and 13F—

• (a) by reason only of the fact that they do anything described in the order; or

• (b) if they do anything described in section 13D, 13E, or 13F, as the case may be, only in the circumstances described in the order; or

• (c) for the purpose of their work at a specified event or type of event provided that conditions specified in the order are complied with.

(2) The Minister must not make a recommendation under subsection (1) unless the Minister—

• (a) has consulted the persons or organisations that, in the opinion of the Minister, have an interest in the proposed declaration and is satisfied that there is no material benefit to be gained by requiring the persons concerned to hold certificates of approval; or

• (b) is satisfied that the benefit to be gained by requiring the persons concerned to hold certificates of approval is outweighed by the public interest in ensuring that there are sufficient persons doing the work described in sections 13D to 13F available to work at a major event declared under section 7 of the Major Events Management Act 2007, or events (whether or not organised by the major event organiser) associated with the major event.

Except as provided in section 15, this Act binds the Crown.

Nothing in this Act—

• (a) requires any Police employee to hold a licence or certificate of approval in respect of any act performed in the course of his or her employment by the Commissioner of Police; or

• (b) requires the Commissioner of Police to hold a licence or certificate of approval; or

• (c) requires any employee of the Crown to hold a licence or certificate of approval in respect of—

  • (i) any act performed in the course of his or her employment by the Crown; or

  • (ii) any act performed by any other employee of the Crown in the course of his or her employment by the Crown; or

• (d) requires any person to hold a licence or certificate of approval in respect of the carrying on by that person of an occupation or business in accordance with a practising certificate, licence, permit, or other authority, granted or issued to him or her under any other enactment.

(1) A licensee must produce his or her licence on demand to—

• (a) the Licensing Authority; or

• (b) any constable; or

• (c) a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit; or

• (d) any person with whom the licensee is dealing when carrying on or attempting to carry on any private security business to which the licence relates.

(2) If the licensee is a company, it is sufficient compliance with the requirements of subsection (1) if the licence is kept in the company's registered office and is made available for inspection on demand by any of the persons referred to in that subsection.

(3) A licensee who knowingly contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) A certificate holder must produce his or her certificate of approval on demand to—

• (a) the Licensing Authority; or

• (b) any constable; or

• (c) a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit; or

• (d) any person with whom the certificate holder is dealing in the course of performing his or her duties as a responsible employee.

(2) A certificate holder must, on demand by any person specified in subsection (1), inform that person of the name and address of the person by whom the holder is employed or engaged as a responsible employee.

(3) A certificate holder who knowingly contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) An individual who is the holder of a licence to carry on any of the classes of private security business described in sections 6 to 11 must wear an identification badge issued by the Authority at all times during the course of carrying on or attempting to carry on that business.

(2) The holder of a certificate of approval as a responsible employee of any kind described in sections 13A to 13F must wear an identification badge issued by the Authority at all times during the course of performing his or her duties as a responsible employee.

(3) The identification badge must be worn in a position that is readily visible.

(4) Despite subsections (1) and (2), no licensee or certificate holder is required to wear an identification badge if the licensee or certificate holder reasonably believes that wearing it would threaten his or her safety or the safety of any person.

(5) A licensee or certificate holder who intentionally contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) An identification badge must contain the following information:

• (a) a unique identifier number or code:

• (b) a photograph of the licensee or certificate holder:

• (c) the class or classes of work that the licensee or certificate holder is authorised to carry out:

• (d) the expiry date of the licence or the certificate of approval.

(2) In the case of an identification badge to be worn by the holder of a temporary certificate of approval, the identification badge must identify the wearer as the holder of a temporary certificate of approval.

(3) An identification badge must not include the name or address of the licensee or certificate holder.

A licensee or certificate holder or person who employs or engages any crowd controller employee commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who fails without reasonable excuse to comply with any requirement to keep records that is prescribed in regulations made under section 106.

(1) A licensee or certificate holder or person who employs or engages any crowd controller employee must, when required to do so by a constable or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit (authorised person),—

• (a) show the constable or authorised person without delay any record or document that is required by regulations made under this Act to be kept by the licensee or certificate holder:

• (b) make a copy of all or specified parts of a record or document of a kind referred to in paragraph (a) and give it to the constable or authorised person, or if that is impracticable, give the constable or authorised person the record or document or specified part of it.

(2) If a licensee or certificate holder or person who employs or engages any crowd controller employee gives a constable or authorised person a record or document, or a specified part of it, under subsection (1)(b), the constable or authorised person must—

• (a) give a receipt for the record or document or specified part of it; and

• (b) return it within 2 hours.

(3) A licensee or certificate holder or person who employs or engages any crowd controller employee commits an offence and is liable on summary conviction to a fine not exceeding $2,000 if the licensee or certificate holder or person fails without reasonable excuse to comply with subsection (1).

(1) A certificate holder must advise the Licensing Authority—

• (a) of any change to the certificate holder's name or residential address; or

• (b) if, subsequent to the application for a certificate of approval, any of the grounds of disqualification described in section 56A apply to him or her.

(2) A certificate holder commits an offence if he or she fails without reasonable excuse to comply with subsection (1).

(2) A licensee authorised to carry on the business of a private investigator must cause the information specified in subsection (2A) to be conspicuously displayed on—

• (a) all notices, advertisements, and other publications issued by him or her or on his or her behalf, in the course of or in connection with the business of a private investigator; and

• (b) all letters, accounts, and other documents sent out by him or her or on his or her behalf, in the course of or in connection with the business of a private investigator.

(2A) The information referred to in subsection (2) is—

• (a) the licensee's full name; and

• (b) the fact that the licensee is the holder of a licence authorising him or her to carry on the business of a private investigator; and

• (c) if the business is not carried on in the licensee's own name, the name under which he or she carries on the business.

(3) A licensee authorised to carry on the business of a private investigator must cause to be conspicuously shown on all letters sent out or published by him or her or on his or her behalf, in the course of or in connection with the business of a private investigator, a statement to the effect that he or she has no more authority than that of an ordinary private citizen to require a reply to the letter.

(4) A licensee who knowingly contravenes subsection (2) or (3) commits an offence.

(1) A constable may at any time file a written complaint with the Licensing Authority against a licensee.

(2) A person other than a constable may at any time, with the leave of the Authority, file a written complaint with the Authority against a licensee.

(3) The Authority must refuse leave under subsection (2) unless the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious.

(4) No complaint may be made under this section except on 1 or more of the following grounds:

• (a) that 1 or more grounds of disqualification under section 56A or 56B, as the case may be, now apply to the licensee:

• (ab) that there are 1 or more grounds for cancelling the licence under section 74:

• (b) that the licensee has contravened any provision of this Act or regulations made under this Act:

• (c) that the licensee or, if the licensee is a company, any officer of the company, has been guilty of misconduct or gross negligence in the course of the business to which the licence relates:

• (d) that a false statement was made in the application for the licence.

(5) The complaint must specify the grounds on which it is made.

(6) The complainant must, within 7 days after filing the complaint with the Licensing Authority, serve a copy of the complaint on the licensee.

(1) A constable may at any time file a written complaint with the Licensing Authority against a certificate holder.

(2) A person other than a constable may at any time, with the leave of the Authority, file a written complaint with the Authority against a certificate holder.

(3) The Authority must refuse leave under subsection (2) unless the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious.

(4) No complaint may be made under this section except on 1 or more of the following grounds:

• (a) that 1 or more grounds of disqualification under section 56A now apply to the certificate holder:

• (ab) that there are 1 or more grounds for cancelling the certificate of approval under section 77:

• (b) that the certificate holder has contravened any provision of this Act or regulations made under this Act:

• (c) that the certificate holder has been guilty of misconduct or gross negligence in the course of being a responsible employee:

• (d) that a false statement was made in the application for the certificate of approval.

(5) The complaint must specify the grounds on which it is made.

(6) The complainant must, within 7 days after filing the complaint with the Licensing Authority, serve a copy of the complaint on the certificate holder.

(1) On receipt of a complaint from a person under section 67(2) or 68(2), the Licensing Authority may—

• (a) send a copy of the complaint to the Commissioner of Police and request the Commissioner to cause a report on the complaint to be prepared by the Police for the Licensing Authority; or

• (b) send a copy of the complaint to the person in charge of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the complaint to be prepared for the Licensing Authority.

(2) In any other case where the Licensing Authority suspects on reasonable grounds that there may be any grounds for complaint against a licensee or certificate holder, the Licensing Authority may—

• (a) refer the matter to the Commissioner of Police and request the Commissioner to investigate it with a view to deciding whether a complaint against the licensee or certificate holder should be filed under section 67(1) or 68(1); or

• (b) refer the matter to the chief investigator of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the matter to be prepared by the unit for the Licensing Authority.

(1) The Licensing Authority may make an order suspending a licence or certificate if a complaint has been filed against the holder of it under section 67 or 68 and the Licensing Authority is satisfied that it is necessary or desirable to do so having regard to—

• (a) the interests of the public; and

• (b) the possibility of further loss or damage occurring if the Licensing Authority does not make an order under this section.

(1A) A licence or certificate may be suspended either in whole or in part in respect of 1 or more classes (of business or responsible employee) for which it was granted.

(2) The Licensing Authority is not obliged to give notice to the licensee or certificate holder that it intends to make an order of suspension under this section.

(3) The Licensing Authority must notify the licensee or certificate holder in writing of any order of suspension made by it under this section and of its reasons for making the order.

(4) As soon as practicable after the notification under subsection (3), the Licensing Authority must give the licensee or certificate holder an opportunity to make representations to the Licensing Authority for the revocation of the order.

(5) If an order of suspension is made under this section, the order—

• (a) comes into force when the licensee or certificate holder is notified of the order in accordance with subsection (3); and

• (b) lasts until the complaint is heard and determined by the Licensing Authority in accordance with this Part.

(6) During the period that a licence is suspended—

• (a) the licence has no effect and must not be renewed; and

• (b) no new licence may be issued authorising the licensee to carry on the class of business, or (if more than 1) any 1 or more of the classes of business, to which the suspended licence relates.

(7) During the period that a certificate of approval is suspended—

• (a) the certificate has no effect and must not be renewed; and

• (b) no new certificate may be issued authorising the holder to be a responsible employee of any class, or (if more than 1) any 1 or more of the classes of responsible employee, to which the suspended certificate relates.

(8) The Licensing Authority may at any time, on its own motion or on the application of the licensee or the certificate holder, revoke an order of suspension made under this section.

(1) The Licensing Authority—

• (a) must hold a hearing if a complaint has been filed with the Licensing Authority against a licensee under section 67 or certificate holder under section 68, and the Licensing Authority is satisfied that the requirements of the relevant section have been complied with; and

• (b) may on its own motion hold a hearing if it has received a report requested under section 69(2) and suspects on reasonable grounds that there may be grounds of the kind in section 67(4) for disciplinary action against a licensee or grounds of the kind in section 68(4) for disciplinary action against a certificate holder.

(2) The Licensing Authority must fix a time and place for the hearing.

(3) The Licensing Authority must give not less than 10 working days' notice of the hearing—

• (a) to the licensee or certificate holder; and

• (b) to the complainant (if any); and

• (c) if the Licensing Authority wishes the Police to attend, to the Commissioner of Police; and

• (d) if the Licensing Authority received a report from the Complaints, Investigation, and Prosecution Unit, the chief investigator of the unit.

(4) If the Licensing Authority is holding a hearing under subsection (1)(b), the Licensing Authority must, not later than 10 working days before the date of the hearing, provide the licensee or certificate holder with a statement of the reasons for this.

(5) At the hearing, the following persons are entitled to appear, be heard, call evidence, and to cross-examine and re-examine witnesses:

• (a) the complainant (if any); and

• (b) the licensee or certificate holder; and

• (c) the Commissioner of Police or any other constable on the Commissioner's behalf; and

• (d) the chief investigator of the Complaints, Investigation, and Prosecution Unit or any other person authorised by the chief investigator.

(6) Any party at the hearing may conduct his or her case personally or may be represented by counsel.

(7) The Licensing Authority may from time to time adjourn the hearing to a future time and place fixed by it.

(1) If, after a hearing in accordance with section 71, the Licensing Authority is satisfied that the grounds for disciplinary action in the complaint or under section 71(1)(b), as the case may be, have been proved, the Licensing Authority—

• (a) must cancel the licence if section 73 applies:

• (b) may cancel the licence if section 74 applies:

• (c) may, in addition to cancellation under paragraph (a), or in addition to or instead of cancellation under paragraph (b), do all or any of the following things that may be appropriate:

  • (i) make an order suspending the licence for a period, not exceeding 3 years, that the Licensing Authority specifies in the order:

  • (ia) make an order that the licensee undergo training:

  • (ib) make an order that the licensee work under supervision for a period that the Licensing Authority specifies in the order:

  • (ic) make an order that the licensee work subject to conditions and for a period that the Licensing Authority specifies in the order:

  • (id) bar the licensee from applying for a licence or certificate of approval for a period that the Licensing Authority specifies in the order or until certain conditions are met:

  • (ii) fine the licensee any amount not exceeding $2,000:

  • (iii) reprimand the licensee:

  • (iv) if the Licensing Authority is satisfied in the case of a licensee that is a company that the grounds for disciplinary action relate to any conduct or omission by a particular officer of the company, make an order directing the licensee to terminate the employment of that officer within the time the Licensing Authority specifies in the order.

(2) If, after the hearing, the Licensing Authority is not satisfied that the grounds for disciplinary action have been proved, the Authority must dismiss the matter.

(3) A cancellation must be in writing, with reasons, and state the date on which the cancellation takes effect.

(4) While any order of suspension of a licence made under this section continues in force,—

• (a) the licence has no effect and must not be renewed; and

• (b) no new licence may be issued authorising the licensee to carry on the class of private security business, or (if more than 1) any 1 or more of the classes of private security business, to which the suspended licence relates.

(5) A fine imposed by the Licensing Authority on a licensee under subsection (1) is a debt due by the licensee to the Crown, and is recoverable in any court of competent jurisdiction.

(6) The Licensing Authority must as soon as practicable give notice in writing of the decision made by the Authority under this section, and of any penalty imposed, to—

• (a) the licensee; and

• (b) the Commissioner of Police; and

• (c) any complainant; and

• (d) the chief investigator of the Complaints, Investigation, and Prosecution Unit.

(7) If the Licensing Authority makes an order under subsection (1)(c)(iv), it must as soon as practicable also give notice in writing of the order to the officer to whom it relates.

(1) This section applies (and, under section 72, cancellation of the licence is mandatory) if—

• (a) the Licensing Authority is satisfied that 1 or more grounds for disqualification under section 56A or 56B, as the case may be, now apply to the licensee and the Licensing Authority is satisfied that, because of this, the licensee is not suitable to hold a licence; or

• (b) the Licensing Authority is satisfied that the licence was issued by mistake or by reason of fraud on the part of the applicant for the licence.

(2) Subsection (3) applies if—

• (a) the licensee is a company; and

• (b) the reason that the Licensing Authority is satisfied that the licensee is unsuitable to be a licensee under subsection (1)(a) is because an officer of the company is disqualified under section 56A.

(3) The Licensing Authority must not cancel the company's licence if—

• (a) the person became an officer of the company after the company obtained its licence; and

• (b) within 2 weeks of the person becoming an officer of the company, the company applied to the Licensing Authority under section 35(2) for the approval of the officer; and

• (c) either—

  • (i) the Licensing Authority has not yet determined whether or not to approve the officer; or

  • (ii) the Licensing Authority has advised the company, in writing, that it refuses to approve the officer but less than 2 weeks has elapsed since the advice was sent.

(1) This section applies (and, under section 72, the Authority may cancel the licence) if—

• (a) a person specified in subsection (2) has breached a condition of the licence imposed under section 28(7):

• (b) a person specified in subsection (2) has been convicted of an offence under any of the provisions specified in Schedule 1:

• (c) a person specified in subsection (2) in the course of carrying on the business to which the licence relates uses any dog and, in respect of that dog, is convicted of an offence against any of the provisions of the Dog Control Act 1996:

• (d) a person specified in subsection (2), having been convicted of an offence against this Act is, within 3 years after the date of the conviction, again convicted of an offence against this Act:

• (e) a person specified in subsection (2) has been guilty of misconduct or gross negligence in the course of the business to which the licence relates:

• (f) a person specified in subsection (2) has—

  • (i) been convicted outside New Zealand of an offence; or

  • (ii) had an order imposed in relation to him or her by any court or tribunal outside New Zealand, instead of passing sentence, that he or she be treated or cared for in relation to his or her mental impairment:

• (g) a person specified in subsection (2) is adjudged bankrupt, or makes any assignment for the benefit of his or her creditors, or makes any composition with his or her creditors:

• (h) in the case of a licensee that is a company, the High Court makes an order for the winding up of the licensee, or the licensee passes a resolution for voluntary winding up:

• (i) in the case of a licensee that is a company, the licensee fails to comply with an order made under section 72(1)(c)(iv) in respect of any officer of the company:

• (j) the Licensing Authority determines that a false statement was made in the application for a licence of any person specified in subsection (2).

(2) The persons referred to in subsection (1) are—

• (a) the licensee; and

• (b) in the case of a licensee that is a company, any officer of the company.

(1) If, after a hearing in accordance with section 71, the Licensing Authority is satisfied that the grounds for disciplinary action in the complaint or under section 71(1)(b), as the case may be, have been proved, the Licensing Authority—

• (a) must cancel the certificate of approval if section 76 applies:

• (b) may cancel the certificate of approval if section 77 applies:

• (c) may, in addition to cancellation under paragraph (a), or in addition to or instead of cancellation under paragraph (b), do all or any of the following things that may be appropriate:

  • (i) make an order suspending the certificate of approval for a period, not exceeding 3 years, that the Licensing Authority specifies in the order:

  • (ia) make an order that the certificate holder undergo training:

  • (ib) make an order that the certificate holder work under supervision for a period that the Licensing Authority specifies in the order:

  • (ic) make an order that the certificate holder work subject to conditions and for a period that the Licensing Authority specifies in the order:

  • (id) bar the certificate holder from applying for a licence or certificate of approval for a period that the Licensing Authority specifies in the order or until certain conditions are met:

  • (ii) fine the certificate holder any amount not exceeding $2,000:

  • (iii) reprimand the certificate holder.

(2) If, after a hearing, the Licensing Authority is not satisfied that the grounds for disciplinary action have been proved, the Authority must dismiss the matter.

(3) A cancellation must be in writing, with reasons, and state the date on which the cancellation takes effect.

(4) While any order of suspension of a certificate of approval made under this section continues in force,—

• (a) the certificate of approval ceases to have effect and must not be renewed; and

• (b) no new licence in respect of the business or (if more than 1) any 1 or more of the businesses to which the certificate relates or new certificate of approval of the same type may be issued to the holder.

(5) A fine imposed by the Licensing Authority on a certificate holder under this section is a debt due by the holder to the Crown, and is recoverable in any court of competent jurisdiction.

(6) The Licensing Authority must as soon as practicable give notice in writing of the decision made by the Authority under this section, and of any penalty imposed by the Authority to—

• (a) the certificate holder; and

• (b) the person by whom he or she is for the time being employed; and

• (c) the Commissioner of Police; and

• (d) the complainant (if any) if the complainant is not a constable; and

• (e) the chief investigator of the Complaints, Investigation, and Prosecution Unit.

This section applies (and, under section 75, cancellation of the certificate of approval is mandatory) if—

• (a) the Licensing Authority is satisfied that 1 or more grounds of disqualification under section 56A now apply to the certificate holder and the Licensing Authority is satisfied that, because of this, the certificate holder is not suitable to hold a certificate; or

• (b) the Licensing Authority is satisfied that the certificate was issued by mistake or by reason of fraud on the part of the applicant for the certificate.

This section applies (and, under section 75, the Authority may cancel the licence) if—

• (a) the certificate holder has breached a condition of the certificate of approval imposed under section 49(7):

• (b) the certificate holder has been convicted of an offence under any of the provisions specified in Schedule 1:

• (c) the certificate holder, in the course of carrying on the business to which the certificate relates, uses any dog and, in respect of that dog, is convicted of an offence against any of the provisions of the Dog Control Act 1996:

• (d) the certificate holder, having been convicted of an offence against this Act is, within 3 years after the date of the conviction, again convicted of an offence against this Act:

• (e) the certificate holder has been guilty of misconduct or gross negligence in the course of carrying out the work to which the certificate relates:

• (f) the certificate holder has—

  • (i) been convicted outside New Zealand of an offence; or

  • (ii) had an order imposed in relation to him or her by any court or tribunal outside New Zealand, instead of passing sentence, that he or she be treated or cared for in relation to his or her mental impairment:

• (g) the certificate holder is adjudged bankrupt, or makes any assignment for the benefit of his or her creditors, or makes any composition with his or her creditors:

• (h) the Licensing Authority determines that a false statement was made in the application for the certificate.

For the purposes of any proceedings under this Part, a certificate containing the substance of the conviction of any person of any offence purporting to be signed by the Registrar of the Court by which the person was convicted is sufficient evidence of that conviction without proof of the signature or official character of the person appearing to have signed the certificate.

(1) A person whose licence or certificate of approval is cancelled or suspended under this Part must return it to the Licensing Authority within 7 days after being notified of the cancellation or suspension.

(2) A person commits an offence if he or she fails without reasonable excuse to comply with subsection (1).

Nothing in this Part limits the jurisdiction of any court, or limits or affects any other provisions in this Act relating to the punishment of offences.

(1) The Governor-General may, by warrant, on the recommendation of the responsible Minister, appoint a person to be the Private Security Personnel Licensing Authority.

(2) Subject to section 82(2), the office of Licensing Authority may be held concurrently with any other office.

The functions of the Authority are—

• (a) to discharge its functions under Part 2 in relation to consideration of applications for licences and certificates of approval and the issue of licences and certificates of approval:

• (b) to exercise its powers under Part 4 in relation to the discipline of licensees and certificate holders:

• (c) to discharge its functions under sections 90 to 92 in relation to the keeping of registers of licensees and certificate holders.

(1) No person may hold office as Licensing Authority unless he or she is a barrister or solicitor of the High Court of not less than 5 years' standing.

(2) No public servant may hold office as the Licensing Authority.

(1) The Licensing Authority—

• (a) must be appointed for a term of 3 years; and

• (b) may from time to time be reappointed.

(2) The Licensing Authority may at any time resign from office by notice in writing to the responsible Minister.

(3) The Governor-General may, on the recommendation of the responsible Minister, at any time remove the Licensing Authority for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, and the person removed is not entitled to compensation.

(1) The Governor-General may, by warrant, on the recommendation of the responsible Minister, appoint 1 or more Deputy Private Security Personnel Licensing Authorities if the Minister is satisfied that—

• (a) the Licensing Authority is unable, because of absence (whether by reason of leave, ill health, or any other reason), to exercise his or her functions of office; or

• (b) the amount of work to be done by the Licensing Authority is more than can reasonably be done by 1 person at that time.

(2) No person who is incapable of holding office as Licensing Authority may be appointed to be a Deputy Licensing Authority.

(3) A Deputy Licensing Authority must be appointed for a fixed term as determined by the responsible Minister.

(4) A Deputy Licensing Authority has all the powers, duties, and functions of the Licensing Authority, subject to the control of the Licensing Authority.

(5) The Governor-General may, on the recommendation of the Responsible Minister at any time remove a Deputy Licensing Authority for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, and the person removed is not entitled to compensation.

(6) The fact that a Deputy Licensing Authority exercises the powers, duties, and functions of the Licensing Authority is conclusive evidence of his or her authority to do so.

(7) No appointment of a deputy under this section, and no act done by him or her when acting as Licensing Authority, may be questioned in any proceedings on the grounds that the occasion for the appointment had not arisen or had ceased.

(1) The Licensing Authority and any Deputy Licensing Authority must be paid fees and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies, as if the Licensing Authority were the chairperson of a statutory body and any Deputy Licensing Authority were a member of that body.

(2) For the purposes of the State Sector Act 1988 and the Government Superannuation Fund Act 1956, a Licensing Authority or Deputy Licensing Authority is not, by reason merely of that appointment, employed in the service of the Crown.

(1) Where under this Act the Licensing Authority has the function of hearing or determining any matter, the Licensing Authority has the same powers as are conferred on a Commission of Inquiry by sections 4, 4B, 4C, 4D, 10, and 11 of the Commissions of Inquiry Act 1908 in respect of an inquiry under that Act.

(2) Subject to the other provisions of this Act, the provisions of the Commissions of Inquiry Act 1908 referred to in subsection (1) and sections 5, 6, 7, 9, 12, and 14 of that Act apply.

(3) At the hearing of any matter under any of sections 26, 36, 37, 47, 53A, and 54, the Licensing Authority may receive as evidence any statement, document, information, or matter that in his or her opinion may assist him or her to deal with the matter, whether or not it would be otherwise admissible in a court of law.

Neither the Licensing Authority nor any Deputy Licensing Authority is personally liable for any act done or omission made by him or her while acting in good faith while performing or exercising his or her functions, powers, and duties under this Act.

The chief executive of the responsible department must provide for the Licensing Authority and any Deputy Licensing Authorities the administrative and secretarial services that may be necessary to enable those persons to exercise their functions and powers, and perform their duties, under this Act.

(1) The Licensing Authority may, in writing, delegate to any person—

• (a) the power under section 25 to grant an application for a licence without holding an oral hearing, if no notices of objection have been filed:

• (b) the power under section 33 to issue a temporary certificate of approval:

• (c) the power of the Licensing Authority under section 38:

• (d) the power under section 46 to grant an application for a certificate of approval without holding an oral hearing, if no notices of objection have been filed:

• (e) the power under section 55 to issue a temporary certificate of approval:

• (f) the functions of the Licensing Authority under section 90 (registers).

(2) Subject to any general or special directions given or conditions attached to a delegation, the person to whom a delegation is made under this section must perform and may exercise the power or functions in the same manner and with the same effect as if they had been conferred on that person directly by this section and not by delegation.

(3) A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(4) A delegation may be to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or specified classes of offices.

(5) A delegation is revocable in writing at will, and a delegation does not prevent the exercise of any function, duty, or power by the Licensing Authority.

(6) A delegation continues in force according to its tenor until revoked, even if the Licensing Authority who made it has ceased to hold office.

(1) The Licensing Authority must establish and maintain the following registers:

• (a) a register of licensees:

• (b) a register of certificate holders.

(2) The register of licensees must show in relation to each licensee—

• (a) the full name and, if the licensee is an individual, the residential address and occupation of the licensee; and

• (b) the date on which the licence was issued; and

• (c) the class or classes of private security business in respect of which the licence was issued; and

• (d) every date on which the licence was renewed; and

• (e) the registered office of the holder (if a company) or principal place of business of the holder (if not a company), and every other place of business specified in the licence; and

• (f) details, including dates, of any suspension or cancellation of the licence; and

• (g) any other prescribed information.

(3) The register of certificate holders must show in relation to each certificate holder—

• (a) the full name, residential address, and occupation of the certificate holder; and

• (b) the date on which the certificate of approval was issued; and

• (c) the class or classes of responsible employee in respect of which the certificate was issued; and

• (d) every date on which the certificate of approval was renewed; and

• (e) details, including dates, of any suspension or cancellation of the certificate of approval; and

• (f) any other prescribed information.

(4) The Licensing Authority must determine the form of the registers, and may amend the form from time to time as he or she considers necessary, providing that the content of the registers is as required by subsections (2) and (3).

(1) The Licensing Authority must take all reasonable steps to ensure—

• (a) that the information contained in the registers is available to members of the public to view at all reasonable times; and

• (b) that members of the public may copy or purchase all, or any part of, the information contained in the registers at no more than a reasonable cost.

(2) Despite subsection (1),—

• (a) no residential address recorded under section 90(2)(a) or 90(3)(a) may be made available to the public for inspection; and

• (b) no copy of a register or part of a register provided to a member of the public may contain a residential address recorded under section 90(2)(a) or 90(3)(a).

A written statement of either of the following kinds signed by the Licensing Authority is, in any judicial proceedings, sufficient evidence, until the contrary is proved, of the matters referred to in the statement:

• (a) a statement to the effect that any specified person is or is not the holder of a licence or certificate of approval, or was or was not the holder of a licence or certificate of approval at any particular time or during any period specified in the statement; or

• (b) a statement as to any entry in a register.

(1) The chief executive of the department of State designated by the Prime Minister must provide a Complaints, Investigation, and Prosecution Unit consisting of employees of that department.

(2) The chief executive of the department designated under subsection (1) must designate an employee of that department to be the chief investigator of the unit.

(3) The chief investigator of the unit, and persons authorised by the chief investigator, have the powers conferred on them by this Act.

The functions of the Complaints, Investigation, and Prosecution Unit are—

• (a) to prepare reports on applications for licences and certificates of approval when requested under Part 2:

• (b) to take part in oral hearings of applications for licences and certificates of approval as provided for in Part 2:

• (c) to prepare reports on complaints against licensees and certificate holders and matters referred by the Authority when requested under Part 4:

• (d) to take part in disciplinary hearings as provided for in Part 4:

• (e) to institute prosecutions for contraventions of this Act, and regulations made under this Act, in the cases that the chief investigator of the unit considers appropriate.

(1) The following persons have a right of appeal to a District Court against a decision of the Licensing Authority under this Act:

• (a) if an application is refused (whether in whole or in part), the applicant; and

• (b) if an applicant is dissatisfied with a condition imposed by the Authority under section 28(7) or 49(7), the applicant; and

• (c) if an application is granted (in whole or in part), a person who objected to the granting of the application; and

• (d) if a licence is suspended or cancelled, the licensee; and

• (e) if a certificate of approval is suspended or cancelled, the person whose certificate of approval is suspended or cancelled; and

• (f) if the employment of an officer of a company that is a licensee is terminated, the officer; and

• (g) if a licensee or person holding a certificate of approval is fined, the licensee or person; and

• (h) if there was a complaint made by a constable under Part 4 but the licence or certificate of approval in relation to which the complaint was made was not suspended or cancelled, the Commissioner of Police.

(2) An appeal under this section must be brought within 28 days after the date on which the appellant was notified in writing by the Licensing Authority of the decision appealed against, or within any further period that the court may allow.

(3) The appeal—

• (a) must be made by way of originating application in accordance with the District Courts Rules 2009; and

• (b) must be filed in the office of the District Court nearest to the registered office of the licensee (if a company) or principal place of business of the licensee (if not a company), or to the place of employment or engagement of the certificate holder, as the case may require.

(4) On hearing the appeal, the court may—

• (a) confirm, vary, or reverse the decision appealed against; or

• (b) in the case of an order suspending a licence or certificate of approval, vary the period of the suspension; or

• (c) refer the matter back to the Licensing Authority with directions to him or her to reconsider the whole or any specified part of the matter.

(5) Subject to any order of the court, every decision of the Licensing Authority against which an appeal is made continues in force and has effect according to its tenor pending the determination of the appeal.

If a party to proceedings before the District Court under section 94 is dissatisfied with any determination of the court as being erroneous in point of law, the party may, with the leave of the High Court, appeal to the High Court on a question of law only.

(1) Any constable or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit (authorised person) who has reasonable cause to suspect that a person has committed or is committing or is attempting to commit any offence against this Act may require that person to give particulars of his or her—

• (a) name and address; and

• (b) date of birth.

(2) If the constable or authorised person has reasonable grounds to suspect that any particulars provided under subsection (1) are false, he or she may require the person to supply satisfactory evidence of those particulars.

(3) If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any constable or authorised person under this section, and persists in that refusal or failure after being cautioned by the constable or authorised person, that person may be arrested, without warrant, by any constable.

(4) A person commits an offence who, having been required by a constable or authorised person to supply particulars or evidence under this section, without reasonable excuse,—

• (a) refuses or fails to supply the particulars or evidence; or

• (b) knowingly or recklessly supplies any particulars or evidence that are false in a material respect.

(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding $20,000.

A person commits an offence, and is liable on summary conviction to a fine not exceeding $20,000, who—

• (a) is required by or under this Act to provide information to the Licensing Authority, a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit, or a constable; and

• (b) gives false information knowing that it is false or being reckless as to whether it is false.

If a company commits an offence against this Act, every officer of the company is guilty of the same offence, and is liable to the same penalty, unless he or she proves that the offence was committed either without his or her knowledge or without his or her consent.

A person who commits an offence under this Act, or against any regulations made under this Act, for which no penalty is otherwise provided by this Act or by the regulations, is liable on summary conviction to a fine not exceeding $2,000.

(1) It is a defence to a charge under this Act involving a failure, following a request by a constable, to show, make a copy of, and give a document, or a failure to show or make available any other thing, to that constable if—

• (a) the constable was not in uniform and did not, at the time of making the request, produce evidence that he or she was a constable; or

• (b) the request was made at a time or in a manner that was unreasonable in the circumstances.

(2) This section does not limit any other defences that may be available.

(1) No person, by virtue of being the holder of a licence or certificate of approval, has any power or authority that he or she would not have if this Act had not been passed.

(2) No person, being the holder of a licence or certificate of approval, may—

• (a) either orally or in writing claim, suggest, or imply that, by virtue of his or her licence, certificate of approval, occupation, or business, he or she has any power or authority that he or she does not in law have; or

• (b) use or attempt to use his or her licence or certificate of approval for the purpose of exercising, claiming, suggesting, or implying such a power or authority; or

• (c) either orally or in writing describe or refer to himself or herself as a detective or by any other expression or term containing the word “detective”; or

• (d) wear any article of clothing, badge, or other article, that is likely to cause any member of the public to believe that the holder of the licence or certificate of approval is a constable.

(3) Every person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $20,000.

(1) This section applies to the following classes of private security personnel:

• (a) a property guard, personal guard, crowd controller:

• (b) a property guard employee, personal guard employee, or crowd controller employee.

(2) No person who does not hold a licence or certificate of approval as a class of person to whom this section applies may, with the intention of misleading any other person to believe that he or she is the holder of a licence or certificate of approval,—

• (a) put on, or assume, any dress indicating that he or she is a person of that class; or

• (b) wear any insignia indicating that he or she is person of that class.

(3) Every person who contravenes subsection (1) commits an offence against this Act.

If the Licensing Authority is satisfied that a holder of a licence or certificate of approval has lost his or her licence or certificate of approval the Licensing Authority may issue to the holder a substitute license or certificate of approval—

• (a) on payment of the prescribed fee (if any); and

• (b) on receipt of 2 identical photographs a photograph of the holder that, in the opinion of the Licensing Authority, comply complies with the requirements (if any) of any regulations made under this Act.

(1) A holder of a licence or certificate of approval may at any time surrender his or her licence or certificate of approval by delivering it with a notice in writing to that effect to the Licensing Authority.

(2) On receipt of the documents by the Licensing Authority, the licence or certificate of approval ceases to have effect.

(3) If a holder of a licence or certificate of approval gives a notice under subsection (1) to the Licensing Authority, he or she must also, within 7 days, serve a copy of the notice on the Commissioner of Police.

(4) The surrender of a licence or certificate of approval under subsection (1) does not affect the liability of the holder—

• (a) to pay any fees or other money payable in accordance with the provisions of this Act on or before the date on which the licence or certificate of approval would expire if it had not been surrendered; or

• (b) to perform any duty or obligation that he or she was required to perform on or before the date specified in paragraph (a); or

• (c) for any act done or default or omission made before the date of surrender.

(1) A licensee may at any time apply in writing to the Licensing Authority to amend his or her licence by—

• (a) changing the registered office of the licensee; or

• (b) specifying any additional place from which the licensee may carry on the business or businesses to which the licence relates; or

• (c) deleting any place of business specified in the licence.

(2) Every application must be accompanied by the licence to which it relates.

(3) If the Licensing Authority grants the application, the Authority must endorse the licence accordingly and return it to the licensee, and must also notify the Commissioner of Police in writing of that fact.

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing forms to be used for the purposes of this Act:

• (b) prescribing the matters for which fees are payable under this Act and the amount of those fees:

• (c) providing for the exemption from fees, in whole or in part:

• (d) prescribing the circumstances in which the Licensing Authority may waive or refund a prescribed fee in a particular case:

• (e) prescribing the manner in which applications under sections 19, 20, and 42 are to be made:

• (f) prescribing information required to be supplied with an application for a licence or certificate, which may include information to establish the applicant's identity or, in the case of a company applicant, the identity of an officer of the company:

• (fa) requiring an individual to whom a licence or certificate is issued to collect the licence or certificate in person, or provide evidence of his or her identity when collecting the issued licence; or both:

• (g) prescribing the competency, knowledge, and skills required by applicants for licences and certificates of approval or for renewal of licences and certificates of approval, including without limitation, by—

  • (i) requiring that a particular course of study or training has been successfully completed:

  • (ii) requiring a person to have met a specified standard or other measure of competency, knowledge, and skills:

• (g) prescribing the competency, knowledge, and skills required by applicants for licences and certificates of approval, applicants for renewal of licences and certificates of approval, and licensees and certificate holders, including, without limitation, by—

  • (i) requiring that a particular course of study or training has been successfully completed:

  • (ii) requiring a person to have met a specified standard or other measure of competency, knowledge, and skills:

• (h) prescribe the organisation or organisations that may provide the courses of study or training referred to in paragraph (g)(i) and provide for the monitoring of those organisations by the Licensing Authority:

• (j) prescribing requirements and other matters relating to the making of emergency appointments under section 56:

• (k) requiring records or other documents to be kept by any class or classes of licensees, certificate holders, or persons other than licensees who employ or engage crowd controller employees under the Act:

• (m) prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section or section 106A, and prescribing the amount of any fine that may be imposed in respect of such offence, being an amount not exceeding $2,000 and, where the offence is a continuing one, a further amount not exceeding $20 for every day during which the offence has continued:

• (n) providing for any other matters contemplated by this Act, necessary for its full administration, or necessary for giving it full effect.

(2) Regulations made under subsection (1)(g) may—

• (a) prescribe different requirements in relation to—

  • (i) different classes of private security business or different classes of responsible employees:

  • (ii) different types of work within a class of private security business or class of responsible employees:

• (b) exempt certain persons or classes of persons from all or part of the prescribed requirements:

• (c) without limiting paragraph (b), provide that a standard or other measure of competency, knowledge, and skills met within a certain period before a specified date be accepted as meeting the requirements prescribed under subsection (1)(g)(ii).

(1) The Governor-General may, from time to time, by Order in Council made on the recommendation of the Minister, make regulations prescribing codes of conduct for licensees or certificate holders.

(2) Regulations made under subsection (1) may—

• (a) prescribe separate requirements or separate codes of conduct in relation to different classes of private security business or different classes of responsible employees:

• (b) prescribe a code of conduct for 1 or more classes of private security business or different classes of responsible employees and not for others.

(3) Without limiting subsection (1), the Minister must recommend that the Governor-General make regulations under that subsection, to be in force at all times on and after 1 December 2010 1 April 2011, prescribing a code of conduct containing matters that the Minister is satisfied are necessary or desirable in relation to the surveillance of individuals by private investigators and private investigator employees.

(1) Any notice or other document that under this Act may be or is required to be given to or served on any applicant for a licence or certificate of approval may be served—

• (a) by delivering it to the applicant personally; or

• (b) by leaving it or sending it by post addressed to the applicant at his or her residential address, principal place of business, or registered office specified in his or her application; or

• (c) by leaving it at any address for service specified in his or her application.

(2) Any notice or other document that under this Act may be or is required to be given to or served on a holder of a licence or certificate of approval may be served by delivering it to him or her personally, or by leaving it or sending it by post addressed to him or her—

• (a) at his or her usual or last known place of residence in New Zealand; or

• (b) in the case of a licensee, at his or her registered office, principal place of business, or at any other place of business specified in his or her licence; or

• (c) in the case of a certificate holder, at the place of business at which he or she is employed or engaged.

(3) In the absence of proof to the contrary, a notice or other document sent by post in accordance with subsection (1) or (2) must be treated as having been given to the person at the time when the letter would have been delivered in the ordinary course of post.

(4) In proving service of the notice, it is sufficient to prove that it was properly addressed and posted.

(5) Where under this Act any notice or other document is to be given to or served on the Police, it may be given to or served on the senior member, for the time being, of the police in the district or place of residence of the applicant, or holder of the licence or certificate of approval, to whom the notice or other document relates.

If under this Act any photograph is to be submitted to the Licensing Authority, the Licensing Authority may require that the photograph comply with the requirements of any regulations made under this Act.

Nothing in this Act affects any civil remedy that any person may have against a holder of a licence or certificate of approval in respect of any matter.

The Private Investigators and Security Guards Act 1974 is repealed.

The following enactments are revoked:

• (a) the Private Investigators and Security Guards Act Commencement Order 1975 (SR 1975/187):

• (b) the Private Investigators and Security Guards Regulations 1975 (SR 1975/188).

(1) The Acts listed in Schedule 2 are amended in the manner indicated in that schedule.

(2) The regulations listed in Schedule 3 are amended in the manner indicated in that schedule.

(1) A person who, immediately before the commencement of this Act, held a licence as a security guard under the Private Investigators and Security Guards Act 1974 for the classes of business described in section 4(1)(a) or (e) of that Act is deemed to hold a licence under this Act as a property guard and a confidential document destruction agent.

(2) A person who, immediately before the commencement of this Act, held a licence as a security guard under the Private Investigators and Security Guards Act 1974 for the classes of business described in section 4(1)(b) or (c) of that Act is deemed to hold a licence under this Act as a security technician.

(3) A person who, immediately before the commencement of this Act, held a licence as a security guard under the Private Investigators and Security Guards Act 1974 for the class of business described in section 4(1)(d) of that Act is deemed to hold a licence under this Act as a security consultant.

(4) A person who, immediately before the commencement of this Act, held a licence as a private investigator under the Private Investigators and Security Guards Act 1974 is deemed to hold a licence under this Act as a private investigator.

(1) This section applies to a licence that is deemed by section 112 to be held under this Act.

(2) Any matters specified on the licence under section 26(3) or 28(2) of the Private Investigators and Security Guards Act 1974 are deemed to be conditions imposed under section 28(7) of this Act.

(3) Nothing in section 38 applies in respect of the licence.

(4) The licence expires—

• (a) on the date an application for a licence under this Act is determined, if the licensee applies for the licence before the close of 31 January 1 June 2011; or

• (b) in every other case, on 31 March 2 June 2011.

(1) A person who, immediately before the commencement of this Act, held a certificate of approval as a responsible employee in relation to a security guard licensed under the Private Investigators and Security Guards Act 1974 to carry on the classes of business described in section 4(1)(a) or (e) of that Act is deemed to hold a certificate of approval under this Act as a property guard employee and a confidential document destruction agent employee.

(2) A person who, immediately before the commencement of this Act, held a certificate of approval as a responsible employee in relation to a security guard licensed under the Private Investigators and Security Guards Act 1974 to carry on the classes of business described in section 4(1)(b) or (c) of that Act is deemed to hold a certificate of approval under this Act as a security technician employee.

(3) A person who, immediately before the commencement of this Act, held a certificate of approval as a responsible employee in relation to a security guard licensed under the Private Investigators and Security Guards Act 1974 to carry on the class of business described in section 4(1)(d) of that Act is deemed to hold a certificate of approval under this Act as a security consultant employee.

(4) A person who, immediately before the commencement of this Act, held a certificate of approval as a responsible employee in relation to a private investigator is deemed to hold a certificate of approval under this Act as a private investigator employee.

(1) This section applies to a certificate of approval that is deemed by section 113A to be held under this Act.

(2) The certificate of approval expires—

• (a) on the date an application for a certificate of approval under this Act is determined, if the certificate holder applies for the certificate before the close of 31 January 1 June 2011; or

• (b) in every other case, on 31 March 2 June 2011.

(1) A person who is a personal guard within the meaning of section 10 is not required to hold a licence under this Act in respect of that class of business until 1 June 2011 the specified date.

(2) A person who is a crowd controller within the meaning of section 11 is not required to hold a licence under this Act in respect of that class of business until 1 June 2011 the specified date.

(3) A person who performs the work of a personal guard employee described in section 13E is not required to hold a certificate of approval under this Act in respect of that class of work until 1 June 2011 the specified date.

(4) A person who performs the work of a crowd controller employee described in section 13F is not required to hold a certificate of approval under this Act in respect of that class of work until 1 June 2011 the specified date.

(5) In this section, specified date means the date that is specified for the purpose of this section by the Governor-General by Order in Council.

(1) This section applies to any application for a licence or certificate of approval made under the Private Investigators and Security Guards Act 1974 that, immediately before the commencement of this Act, was not yet determined.

(2) The Private Investigators and Security Guards Act 1974 continues to apply to the application as if it had not been repealed.

(3) If an application to which this section applies is granted, section 112 or 113A applies to the licence or certificate of approval as if the licence or certificate had been in force immediately before the commencement of this Act.

(1) This section applies to any complaint made against a licensee or certificate holder under section 53 of the Private Investigators and Security Guards Act 1974 that, immediately before the commencement of this section, was not yet determined.

(2) The Private Investigators and Security Guards Act 1974 continues to apply in respect of the complaint as if it had not been repealed.

(1) The Registrar under the Private Investigators and Security Guards Act 1974 remains in office until the close of 30 June 31 October 2011 to determine the applications and proceedings referred to in sections 114 and 115.

(2) For the purposes of sections 114 and 115, the Registrar has all the necessary powers and may exercise, despite the repeal of the Private Investigators and Security Guards Act 1974 by this Act, the powers conferred on the Registrar by that Act.

(2A) After 30 June 31 October 2011, any applications or proceedings still to be completed must be referred to the Licensing Authority, and sections 114 and 115 apply.

(2B) As soon as practicable after 30 June 31 October 2011, the Registrar must provide the Licensing Authority with—

• (a) all information that the Registrar holds in respect of applications and proceedings in progress; and

• (b) the registers kept under section 13 of the Private Investigators and Security Guards Act 1974.

(3) To avoid doubt, nothing in this Act entitles the Registrar to any compensation in respect of the repeal of the Private Investigators and Security Guards Act 1974, including for any salary or allowances that would otherwise be payable for the remainder of the term of an appointment affected by the repeal.

The Private Investigators (Exclusion of Occupations) Order 1976 (SR 1976/128) continues to have effect and may be amended, revoked, or replaced under section 12.