Private Security Personnel and Private Investigators (Forms) Regulations 2011

  • not the latest version

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Private Security Personnel and Private Investigators (Forms) Regulations 2011

(SR 2011/73)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 28th day of March 2011

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.


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

Regulations

1 Title
  • These regulations are the Private Security Personnel and Private Investigators (Forms) Regulations 2011.

2 Commencement
  • These regulations come into force on 1 April 2011.

3 Interpretation

Applications for licences

4 Applying for individual licence
  • An application under section 24 of the Act by an individual for a licence must be in form 1 of the Schedule.

5 Applying for company licence
  • An application under section 25 of the Act by a company for a licence must be in form 2 of the Schedule.

Notice of intention to apply for licence

6 Notice of intention to apply for licence
  • An applicant for a licence must provide the notice of intention to apply for a licence under section 27(2) of the Act to the Licensing Authority for publication on its Internet site in form 3 of the Schedule.

Issuing licences

7 Form of individual licence
  • A licence issued under section 34 of the Act to an individual must be in form 4 of the Schedule.

8 Form of company licence
  • A licence issued under section 34 of the Act to a company must be in form 5 of the Schedule.

Applying for approval of subsequent company officers

9 Applying for approval of person to act as company officer after licence granted
  • An application under section 40 of the Act for approval of a person who was not an officer of a company at the time when the application for the company's licence was granted to act subsequently as an officer of the company must be in form 6 of the Schedule.

Application for certificate of approval

10 Applying for certificate of approval
  • An application under section 46 of the Act for a certificate of approval must be in form 7 of the Schedule.

Issuing certificates of approval

11 Form of certificate of approval
  • A certificate of approval issued under section 54 of the Act must be in form 8 of the Schedule.


Schedule 
Forms

rr 4–11

Form 1
Application by individual for licence

Section 24, Private Security Personnel and Private Investigators Act 2010

Personal details

First name(s):

Middle name(s):

Last name(s):

Gender:

Occupation:

Date of birth:

Contact details

Full residential address:

Full address at which documents relating to the application may be served on you, if different from residential address:

Daytime contact number:

Home telephone number [optional]:

Mobile number [optional]:

Fax number [optional]:

Email address [optional, unless applying by electronic means]:

Other name(s)

If you are known by, or have ever been known by, another name, provide details.

First name(s):

Middle name(s):

Last name(s):

Previous licence or certificate of approval

If you have previously held a licence or a certificate of approval under the Private Investigators and Security Guards Act 1974 or the Private Security Personnel and Private Investigators Act 2010, provide your licence number or certificate number.

Licence number:

Certificate of approval number:

Place(s) of business

Provide the full address of every place of business from which you propose to carry on the business or businesses to which the application relates.

Principal place of business

Specify which of the addresses given under “Place(s) of business” is your proposed principal place of business.

Class(es) of business

Specify the particular class or classes of business that you propose to carry on.

Private investigator

Security technician

Security consultant

Confidential document destruction agent

Property guard

Personal guard

Crowd controller

Grounds of disqualification under section 62

Note: Section 62 of the Private Security Personnel and Private Investigators Act 2010 lists certain grounds that may disqualify you from being granted a licence or certificate of approval. However, if you answer that you have met any of the grounds of disqualification listed below, you may provide evidence to the Licensing Authority with your application relating to your character, circumstances, or background. The Licensing Authority may still grant your application, but only if the Authority is satisfied that you are suitable to carry on the class or classes of business to which the application relates. Please note that no refund is payable if your application is unsuccessful.

I have/have not* been ordered by a court to be detained in a hospital owing to my mental condition and I am currently subject to such an order.

I have/have never* had an order made in relation to me under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender's mental impairment requires, either in the offender's interest, or for the safety of the public, or for the safety of a person or class of person).

I have/have never* been ordered by a court to be detained in a penal institution following conviction for an offence and that conviction or order has not been quashed on appeal.

I have/have never* been convicted of a specified offence as defined in section 4 of the Criminal Records (Clean Slate) Act 2004.

I have/have never* been disqualified from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision.

I have/have not*, within the past 7 years, been convicted of an offence under the Arms Act 1983.

I have/have not*, within the past 7 years, been convicted of an offence under any of sections 216H to 216J of the Crimes Act 1961.

I have/have not*, within the past 7 years, been convicted of an offence under section 10, 11, 13, 16, 19, 21, 24, 47F, or 47J of the Fair Trading Act 1986.

I have/have not*, within the past 7 years, been convicted of an offence under section 8 or 25 of the Harassment Act 1997.

I have/have not*, within the past 7 years, been convicted of an offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act.

I have/have not*, within the past 7 years, been convicted of an offence of dishonesty, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010 .

I have/have not*, within the past 7 years, been convicted of an offence of violence, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010.

I have/have not*, within the past 7 years, been convicted of an offence under the Private Security Personnel and Private Investigators Act 2010 of working while not holding a licence or relevant certificate of approval or employing or engaging a person without a relevant certificate of approval, or an offence under section 16, 34, or 52 of the Private Investigators and Security Guards Act 1974.

I do/do not* hold a licence or certificate of approval that has been suspended.

I have/have not*, within the past 7 years, had a licence or certificate of approval cancelled under the Private Security Personnel and Private Investigators Act 2010 or the Private Investigators and Security Guards Act 1974.

I do not meet/meet* any requirements prescribed in regulations made under section 114(1)(h) of the Private Security Personnel and Private Investigators Act 2010 (which relate to the competency, knowledge, and skills required for licences and certificates of approval). [You must provide proof of meeting those requirements with this application.]

I have not/have*, within the past 5 years, had 12 months' relevant experience as a licensee or responsible employee in the class or classes of private security business to which the application relates. [You must provide details of relevant experience with this application.]

*Select one.
Convictions and orders outside New Zealand

Note: Section 24 of the Private Security Personnel and Private Investigators Act 2010 also requires that you specify these matters. You may provide further information in support of your application (for example, evidence of your character, circumstances, or background) if you have specified a conviction or order as follows:

I have/have never* been convicted outside New Zealand of an offence.

I have/have never* had an order imposed in relation to myself by any court or tribunal outside New Zealand, instead of passing sentence, that I be treated or cared for in relation to a mental impairment.

*Select one.
Applying for temporary certificate of approval

If you wish to work, while your application for a licence is being processed, for a licensee as a responsible employee of a class that corresponds to the class or classes of private security business that you propose to carry on if your application for a licence is successful, you may be eligible for a temporary certificate of approval. This will incur an additional fee.

I wish/do not wish* to apply for a temporary certificate of approval.

*Select one.

If you wish to apply for a temporary certificate of approval and are currently employed, you must supply the following employment details:

Name(s) of any current employer(s):

Identification details

Note: Only the forms of photo identification listed below are adequate to verify your identity. You must provide details of one of the forms of identification. The form of identification must not have expired more than 2 years ago. You must bring that identification with you to be verified when you collect your licence and identification badge, if your application is successful.

New Zealand driver licence*

Number:

Version number:

Expiry date:

Passport*

Passport number:

Date issued:

Expiry date:

Nationality as shown on passport:

18+ card issued by the Hospitality Association of New Zealand*

Number:

Firearms licence issued under section 24 of the Arms Act 1983*

Number:

*Select one and complete its details.
Collecting licence

If your application is successful, you must collect your licence and identification badge from a branch or outlet of the organisation that produces the licence; or if there is no such organisation, from the address specified on the Licensing Authority Internet site. Please see the Licensing Authority's Internet site for details. Complete the following if the Internet site indicates that there is an organisation producing the licence:

Preferred branch/outlet:

Consent and certification

I consent to the Ministry of Justice undertaking a criminal history check using the information contained in my application.

I certify that the above particulars are true and correct.

Date:

Signature:

Name: [print name]

Notes
  • 1 This application must be sent to the Private Security Personnel Licensing Authority, together with the prescribed fee, and any supporting documents, including—

    • (b) proof of compliance with any prescribed requirements for competency, knowledge, and skills.

  • 2 Section 105 of the Private Security Personnel and Private Investigators Act 2010 provides that a person who is required to provide information to the Licensing Authority and gives false information knowing that it is false or being reckless as to whether it is false is liable on conviction to a fine not exceeding $20,000.

  • Schedule 1 form 1: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 2
Application by company for licence

Section 25, Private Security Personnel and Private Investigators Act 2010

Applicant details

Company registered name:

Company trading name:

Company registration number:

Current number of company officers:

Previous licence or certificate of approval

If the company has previously held a licence under the Private Investigators and Security Guards Act 1974 or the Private Security Personnel and Private Investigators Act 2010, provide the licence number.

Licence number:

Place(s) of business: general

Provide the full address of every place of business from which the company proposes to carry on the business or businesses to which the application relates.

Registered office of company

Specify the address of the company's proposed registered office.

Contact details

Provide the contact details of the person the Licensing Authority can contact regarding this application.

Name:

Daytime contact number:

Home telephone number [optional]:

Mobile number [optional]:

Fax number [optional]:

Email address [optional, unless applying by electronic means]:

Class(es) of business

Specify the particular class or classes of business that the company proposes to carry on.

Private investigator

Security technician

Security consultant

Confidential document destruction agent

Property guard

Personal guard

Crowd controller

Other business carried on by company

Describe the nature of all other business carried on or proposed to be carried on by the company.

Nature of business:

Grounds of disqualification for company under section 63

Note: Section 63 of the Private Security Personnel and Private Investigators Act 2010 lists certain grounds that may disqualify a company from being granted a licence. However, if you answer that any of the grounds of disqualification listed below apply, or any of the grounds of disqualification relating to company officers apply (see below), you may provide evidence to the Licensing Authority with your application relating to the suitability of the company to hold a licence. The Licensing Authority may still grant the company a licence, but only if the Authority is satisfied that the company is suitable to carry on business in the class or classes of business to which the application relates. Please note that no refund is payable if your application is unsuccessful.

The company has/has not*, within the past 7 years, been convicted of an offence under section 10, 11, 12, 16, 19, 21, 24, 47F, or 47J of the Fair Trading Act 1986.

The company has/has not*, within the past 7 years, been convicted of an offence of dishonesty, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010.

The company has/has not*, within the past 7 years, been convicted of an offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act.

The company has/has not*, within the past 7 years, been convicted of an offence under the Private Security Personnel and Private Investigators Act 2010 of operating while unlicensed or employing or engaging a person without a certificate of approval, or an offence under section 16, 343, or 52 of the Private Investigators and Security Guards Act 1974.

The company does/does not* hold a licence that has been suspended.

The company has/has not*, within the past 7 years, had a licence cancelled under the Private Security Personnel and Private Investigators Act 2010 or the Private Investigators and Security Guards Act 1974.

The company has/does not have* any officer of the company who was, or is, an officer of another company (whether or not that other company is still in existence) that, within the past 7 years, had a licence cancelled under the Private Security Personnel and Private Investigators Act 2010 or the Private Investigators and Security Guards Act 1974.

*Select one.
Company convictions outside New Zealand

Note: Section 25 of the Private Security Personnel and Private Investigators Act 2010 also requires that the company specifies these matters. You may provide evidence to the Licensing Authority with the application relating to the suitability of the company to hold a licence. The Licensing Authority may still grant the company a licence, but only if the Authority is satisfied that the company is suitable to carry on business in the class or classes of business to which the application relates. Please note that no refund is payable if your application is unsuccessful.

The company has/has never* been convicted outside New Zealand of an offence.

*Select one.
Company officer details

Note: An officer, in relation to a company, is defined in section 4 of the Private Security Personnel and Private Investigators Act 2010.

This section of the form must be completed by every officer of the company.

First name(s):

Middle name(s):

Last name(s):

Gender:

Occupation:

Date of birth:

Contact details of company officers

This section of the form must be completed by every officer of the company.

Full residential address:

Full address for communications about this application, if different from residential address:

Daytime contact number:

Home telephone number [optional]:

Mobile number [optional]:

Fax number [optional]:

Email address [optional, unless applying by electronic means]:

Other name(s)

This section of the form must be completed by every officer of the company.

If you are known by, or have ever been known by, another name, provide details.

First name(s):

Middle name(s):

Last name(s):

Previous licence or certificate of approval

This section of the form must be completed by every officer of the company.

If you have previously held a licence or a certificate of approval under the Private Investigators and Security Guards Act 1974 or the Private Security Personnel and Private Investigators Act 2010, provide your licence number or certificate number.

Licence number:

Certificate of approval number:

Further grounds of disqualification under section 63, relating to company officers

This section of the form must be completed by every officer of the company.

Note: Section 63 of the Private Security Personnel and Private Investigators Act 2010 applies the grounds of disqualification listed under section 62 of the Act to company officers as grounds for disqualifying a company from being granted a licence. However, if you answer that you have met any of the grounds of disqualification listed below, you may provide evidence to the Licensing Authority with your application relating to your character, circumstances, or background. The Licensing Authority may still grant the company a licence, but only if the Authority is satisfied that the company is suitable to carry on the class or classes of business to which the application relates. Please note that no refund is payable if the application is unsuccessful.

I have/have not* been ordered by a court to be detained in a hospital owing to my mental condition and I am currently subject to such an order.

I have/have never* had an order made in relation to me under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender's mental impairment requires, either in the offender's interest, or for the safety of the public, or for the safety of a person or class of person).

I have/have never* been ordered by a court to be detained in a penal institution following conviction for an offence and that conviction or order has not been quashed on appeal.

I have/have never* been convicted of a specified offence as defined in section 4 of the Criminal Records (Clean Slate) Act 2004.

I have/have never* been disqualified from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision.

I have/have not*, within the past 7 years, been convicted of an offence under the Arms Act 1983.

I have/have not*, within the past 7 years, been convicted of an offence under any of sections 216H to 216J of the Crimes Act 1961.

I have/have not*, within the past 7 years, been convicted of an offence under section 10, 11, 13, 16, 19, 21, 24, 47F, or 47J of the Fair Trading Act 1986.

I have/have not*, within the past 7 years, been convicted of an offence under section 8 or 25 of the Harassment Act 1997.

I have/have not*, within the past 7 years, been convicted of an offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act.

I have/have not*, within the past 7 years, been convicted of an offence of dishonesty, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010 .

I have/have not*, within the past 7 years, been convicted of an offence of violence, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010.

I have/have not*, within the past 7 years, been convicted of an offence under the Private Security Personnel and Private Investigators Act 2010 of working while not holding a licence or relevant certificate of approval or employing or engaging a person without a relevant certificate of approval, or an offence under section 16, 34, or 52 of the Private Investigators and Security Guards Act 1974.

I do/do not* hold a licence or certificate of approval that has been suspended.

I have/have not*, within the past 7 years, had a licence or certificate of approval cancelled under the Private Security Personnel and Private Investigators Act 2010 or the Private Investigators and Security Guards Act 1974.

Note: It is a ground of disqualification for a company if all of its officers meet the next 2 grounds of disqualification.

I do not meet/meet* any requirements prescribed in regulations made under section 114(1)(h) of the Private Security Personnel and Private Investigators Act 2010 (which relate to the competency, knowledge, and skills required for licences and certificates of approval). [You must provide proof of meeting those requirements with this application.]

I have not/have*, within the past 5 years, had 12 months' relevant experience as a licensee or responsible employee in the class or classes of private security business to which the application relates. [You must provide details of relevant experience with this application.]

*Select one.
Convictions and orders outside New Zealand

This section of the form must be completed by every officer of the company.

Note: Section 25 of the Private Security Personnel and Private Investigators Act 2010 also requires that you specify these matters. You may provide further information in support of your application (for example, evidence of your character, circumstances, or background) if you have specified a conviction or order as follows:

I have/have never* been convicted outside New Zealand of an offence.

I have/have never* had an order imposed in relation to myself by any court or tribunal outside New Zealand, instead of passing sentence, that I be treated or cared for in relation to a mental impairment.

*Select one.
Consent and certification

This section of the form must be completed by every officer of the company.

I consent to the Ministry of Justice undertaking a criminal history check using the information contained in my application.

I certify that the above particulars are true and correct.

Date:

Signature:

Name: [print name]

Notes
  • 1 This application must be sent to the Private Security Personnel Licensing Authority, together with the prescribed fee, and any supporting documents, including proof of compliance with any prescribed requirements for competency, knowledge, and skills.

  • 2 Section 105 of the Private Security Personnel and Private Investigators Act 2010 provides that a person who is required to provide information to the Licensing Authority and gives false information knowing that it is false or being reckless as to whether it is false is liable on conviction to a fine not exceeding $20,000.

  • Schedule 1 form 2: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 3
Notice of intention to apply for licence

Section 27(2), Private Security Personnel and Private Investigators Act 2010

Applying for individual licence*

Complete the following if you are applying for an individual licence:

Take notice that I, [full name], of [town or city], am applying to the Private Security Personnel Licensing Authority for an individual licence to operate [class(es) of business].

Applying for company licence*

Complete the following if you are applying for a company licence:

Take notice that [registered name of company], [trading name of company if different from registered name], [company registration number], operating at [registered office of company] is applying to the Private Security Personnel Licensing Authority for the company to be licensed to operate [class(es) of business].

*Select one.

All notices of intention to apply for a licence must contain the following:

Objections

Any person who wishes to object to the granting of a licence to the applicant must give notice of the objection to the Private Security Personnel Licensing Authority not later than 1 month after the date of the publication of this notice.

No objection may be made except on one of the grounds set out in section 29 of the Private Security Personnel and Private Investigators Act 2010.

The notice of objection must state the grounds of the objection.

The Private Security Personnel Licensing Authority must serve a copy of any notice of objection on the applicant within 7 days after it has been filed with the Authority.

Form 4
Form of individual licence

Section 34, Private Security Personnel and Private Investigators Act 2010

Full name:

Class(es) of business:

Principal place of business:

Other authorised place(s) of business:

Licence number:

Expiry date:

Version number:

Conditions [if any]:

[Insert photograph]

Form 5
Form of company licence

Section 34, Private Security Personnel and Private Investigators Act 2010

Registered name:

Class(es) of business:

Registered office:

Other authorised place(s) of business:

Trading name [if different from registered name]:

Licence number:

Expiry date:

Version number:

Conditions [if any]:

Form 6
Application for approval of person to act as company officer after licence granted

Section 40, Private Security Personnel and Private Investigators Act 2010

Applicant details

Company registered name:

Company trading name [if different from registered name]:

Company registration number:

Registered office of company:

Licence number:

Version number:

Class(es) of business:

Conditions [if any]:

Details of proposed officer of company

First name(s):

Middle name(s):

Last name(s):

Gender:

Occupation:

Date of birth:

Contact details of proposed officer of company

This section of the form must be completed by the proposed officer of the company.

Full residential address:

Full address for communications about this application, if different from residential address:

Daytime contact number:

Home telephone number [optional]:

Mobile number [optional]:

Fax number [optional]:

Email address [optional, unless applying by electronic means]:

Other name(s)

This section of the form must be completed by the proposed officer of the company.

If you are known by, or have ever been known by, another name, provide details.

First name(s):

Middle name(s):

Last name(s):

Previous licence or certificate of approval

This section of the form must be completed by the proposed officer of the company.

If you have previously held a licence or a certificate of approval under the Private Investigators and Security Guards Act 1974 or the Private Security Personnel and Private Investigators Act 2010, provide your licence number or certificate number.

Licence number:

Certificate of approval number:

Grounds of disqualification under section 62

This section of the form must be completed by the proposed officer of the company.

Note: Section 40 of the Private Security Personnel and Private Investigators Act 2010 applies the grounds of disqualification listed under section 62 of the Act to proposed company officers.

I have/have not* been ordered by a court to be detained in a hospital owing to my mental condition and I am currently subject to such an order.

I have/have never* had an order made in relation to me under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender's mental impairment requires, either in the offender's interest, or for the safety of the public, or for the safety of a person or class of person).

I have/have never* been ordered by a court to be detained in a penal institution following conviction for an offence and that conviction or order has not been quashed on appeal.

I have/have never* been convicted of a specified offence as defined in section 4 of the Criminal Records (Clean Slate) Act 2004.

I have/have never* been disqualified from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision.

I have/have not*, within the past 7 years, been convicted of an offence under the Arms Act 1983.

I have/have not*, within the past 7 years, been convicted of an offence under any of sections 216H to 216J of the Crimes Act 1961.

I have/have not*, within the past 7 years, been convicted of an offence under section 10, 11, 13, 16, 19, 21, 24, 47F, or 47J of the Fair Trading Act 1986.

I have/have not*, within the past 7 years, been convicted of an offence under section 8 or 25 of the Harassment Act 1997.

I have/have not*, within the past 7 years, been convicted of an offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act.

I have/have not*, within the past 7 years, been convicted of an offence of dishonesty, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010 .

I have/have not*, within the past 7 years, been convicted of an offence of violence, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010.

I have/have not*, within the past 7 years, been convicted of an offence under the Private Security Personnel and Private Investigators Act 2010 of working while not holding a licence or relevant certificate of approval or employing or engaging a person without a relevant certificate of approval, or an offence under section 16, 34, or 52 of the Private Investigators and Security Guards Act 1974.

I do/do not* hold a licence or certificate of approval that has been suspended.

I have/have not*, within the past 7 years, had a licence or certificate of approval cancelled under the Private Security Personnel and Private Investigators Act 2010 or the Private Investigators and Security Guards Act 1974.

I do not meet/meet* any requirements prescribed in regulations made under section 114(1)(h) of the Private Security Personnel and Private Investigators Act 2010 (which relate to the competency, knowledge, and skills required for licences and certificates of approval). [You must provide proof of meeting those requirements with this application.]

I have not/have*, within the past 5 years, had 12 months' relevant experience as a licensee or responsible employee in the class or classes of private security business to which the application relates. [You must provide details of relevant experience with this application.]

*Select one.
Consent and certification

This section of the form must be completed by the proposed officer of the company.

I consent to the Ministry of Justice undertaking a criminal history check using the information contained in my application.

I certify that the above particulars are true and correct.

Date:

Signature:

Name: [print name]

Notes
  • 1 This application must be sent to the Private Security Personnel Licensing Authority, together with the prescribed fee, and any supporting documents, including proof of compliance with any prescribed requirements for competency, knowledge, and skills.

  • 2 The Private Security Personnel Licensing Authority must not approve this application unless the Licensing Authority is satisfied that—

    • (a) the proposed officer is of or over the age of 18 years; and

    • (b) if any grounds of disqualification apply to the proposed officer, this does not make the company unsuitable to hold the licence.

  • 3 Section 105 of the Private Security Personnel and Private Investigators Act 2010 provides that a person who is required to provide information to the Licensing Authority and gives false information knowing that it is false or being reckless as to whether it is false is liable on conviction to a fine not exceeding $20,000.

  • Schedule 1 form 6: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 7
Application for certificate of approval

Section 46, Private Security Personnel and Private Investigators Act 2010

Personal details

First name(s):

Middle name(s):

Last name(s):

Gender:

Occupation:

Date of birth:

Contact details

Full residential address:

Full address for communications about this application, if different from residential address:

Daytime contact number:

Home telephone number [optional]:

Mobile number [optional]:

Fax number [optional]:

Email address [optional, unless applying by electronic means]:

Other name(s)

If you are known by, or have ever been known by, another name, provide details.

First name(s):

Middle name(s):

Last name(s):

Previous licence or certificate of approval

If you have previously held a licence or a certificate of approval under the Private Investigators and Security Guards Act 1974 or the Private Security Personnel and Private Investigators Act 2010, provide your licence number or certificate number.

Licence number:

Certificate of approval number:

Class(es) of responsible employee

Specify the particular class or classes of responsible employee in relation to which you are seeking a certificate of approval.

Private investigator employee

Security technician employee

Security consultant employee

Confidential document destruction agent employee

Property guard employee

Personal guard employee

Crowd controller employee

Current employer(s)

Specify the names of all your current employers, if you are employed.

Name(s) of any current employer(s):

Grounds of disqualification under section 62

Note: Section 46 of the Private Security Personnel and Private Investigators Act 2010 applies the grounds of disqualification listed under section 62 of the Act to applicants for certificates of approval. However, if you answer that you have met any of the grounds of disqualification listed below, you may provide evidence to the Licensing Authority with your application relating to your character, circumstances, or background. The Licensing Authority may still grant your application, but only if the Authority is satisfied that you are suitable to work in the class or classes of responsible employee to which the application relates. Please note that no refund is payable if your application is unsuccessful.

I have/have not* been ordered by a court to be detained in a hospital owing to my mental condition and I am currently subject to such an order.

I have/have never* had an order made in relation to me under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender's mental impairment requires, either in the offender's interest, or for the safety of the public, or for the safety of a person or class of person).

I have/have never* been ordered by a court to be detained in a penal institution following conviction for an offence and that conviction or order has not been quashed on appeal.

I have/have never* been convicted of a specified offence as defined in section 4 of the Criminal Records (Clean Slate) Act 2004.

I have/have never* been disqualified from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision.

I have/have not*, within the past 7 years, been convicted of an offence under the Arms Act 1983.

I have/have not*, within the past 7 years, been convicted of an offence under any of sections 216H to 216J of the Crimes Act 1961.

I have/have not*, within the past 7 years, been convicted of an offence under section 10, 11, 13, 16, 19, 21, 24, 47F, or 47J of the Fair Trading Act 1986.

I have/have not*, within the past 7 years, been convicted of an offence under section 8 or 25 of the Harassment Act 1997.

I have/have not*, within the past 7 years, been convicted of an offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act.

I have/have not*, within the past 7 years, been convicted of an offence of dishonesty, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010 .

I have/have not*, within the past 7 years, been convicted of an offence of violence, as defined in section 4 of the Private Security Personnel and Private Investigators Act 2010.

I have/have not*, within the past 7 years, been convicted of an offence under the Private Security Personnel and Private Investigators Act 2010 of working while not holding a licence or relevant certificate of approval or employing or engaging a person without a relevant certificate of approval, or an offence under section 16, 34, or 52 of the Private Investigators and Security Guards Act 1974.

I do/do not* hold a licence or certificate of approval that has been suspended.

I have/have not*, within the past 7 years, had a licence or certificate of approval cancelled under the Private Security Personnel and Private Investigators Act 2010 or the Private Investigators and Security Guards Act 1974.

I do not meet/meet* any requirements prescribed in regulations made under section 114(1)(h) of the Private Security Personnel and Private Investigators Act 2010 (which relate to the competency, knowledge, and skills required for licences and certificates of approval). [You must provide proof of meeting those requirements with this application.]

I have not/have*, within the past 5 years, had 12 months' relevant experience as a licensee or responsible employee in the class or classes of private security business to which the application relates. [You must provide details of relevant experience with this application.]

*Select one.
Convictions and orders outside New Zealand

Note: Section 46 of the Private Security Personnel and Private Investigators Act 2010 also requires that you specify these matters. You may provide further information in support of your application (for example, evidence of your character, circumstances, or background) if you have specified a conviction or order as follows:

I have/have never* been convicted outside New Zealand of an offence.

I have/have never* had an order imposed in relation to myself by any court or tribunal outside New Zealand, instead of passing sentence, that I be treated or cared for in relation to a mental impairment.

*Select one.
Applying for temporary certificate of approval

If you wish to work as a responsible employee while your application for a certificate of approval is being processed, you may be eligible for a temporary certificate of approval. This will incur an additional fee.

I wish/do not wish* to apply for a temporary certificate of approval.

*Select one.
Identification details

Note: Only the forms of photo identification listed below are adequate to verify your identity. You must provide details of one of the forms of identification. The form of identification must not have expired more than 2 years ago. You must bring that identification with you to be verified when you collect your certificate of approval, if your application is successful.

New Zealand driver licence*

Number:

Version number:

Expiry date:

Passport*

Passport number:

Date issued:

Expiry date:

Nationality as shown on passport:

18+ card issued by the Hospitality Association of New Zealand*

Number:

Firearms licence issued under section 24 of the Arms Act 1983*

Number:

*Select one and complete its details.
Collecting certificate of approval

If your application is successful, you must collect your certificate of approval from a branch or outlet of the organisation that produces the certificates; or if there is no such organisation, from the address specified on the Licensing Authority Internet site. Please see the Licensing Authority's Internet site for details. Complete the following if the Internet site indicates that there is an organisation producing the certificates of approval:

Preferred branch/outlet:

Consent and certification

I consent to the Ministry of Justice undertaking a criminal history check using the information contained in my application.

I certify that the above particulars are true and correct.

Date:

Signature:

Name: [print name]

Notes
  • 1 This application must be sent to the Private Security Personnel Licensing Authority, together with the prescribed fee, and any supporting documents, including—

    • (b) proof of compliance with any prescribed requirements for competency, knowledge, and skills.

  • 2 Section 105 of the Private Security Personnel and Private Investigators Act 2010 provides that a person who is required to provide information to the Licensing Authority and gives false information knowing that it is false or being reckless as to whether it is false is liable on conviction to a fine not exceeding $20,000.

  • Schedule 1 form 7: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 8
Form of certificate of approval

Section 54, Private Security Personnel and Private Investigators Act 2010

Full name:

Class(es) of responsible employee:

Certificate of approval number:

Expiry date:

Version number:

Conditions [if any]:

[Insert photograph]

Rebecca Kitteridge,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 31 March 2011.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Private Security Personnel and Private Investigators (Forms) Regulations 2011. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)