Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831752384.pdf (New Zealand)
Private Security Personnel and Private Investigators Bill Government Bill Explanatory note • General policy statement This Bill repeals and replaces the Private Investigators and Security Guards Act 1974, which regulates the private security industry and private investigators and their staff.
The main aims of the Bill are— to prevent people from either running businesses or working in • various roles in the industry if, by reason of their behaviour or for some other reason, it appears that allowing them to do this will result in unacceptable risks to their clients and employers, members of the public, or themselves; and to ensure that those running businesses or working in the industry are, where appropriate, required to complete a pre­ scribed course of training equipping them with the minimum level of knowledge and skills required for the roles that they are expected to perform; and to ensure that those running businesses or working in the in­ dustry are required to comply with appropriate rules of con­ duct, some of which may be incorporated in codes of ethics prescribed by regulation; and to ensure that those running businesses or working in the in­ dustry are subject to appropriate penalties if found guilty of committing offences against the Act, or if the Licensing Au­ • • 297—1 2 • Private Security Personnel and Private Investigators Bill Explanatory note thority is satisﬁed that there are grounds for disciplinary ac­ tion; and to ensure the effective and efﬁcient administration and en­ forcement of the Act.
Background Reviews of the Private Investigators and Security Guards Act 1974 (the reviews) were undertaken in 2001–03 and 2007.

The content of the Bill reﬂects the ﬁndings of those reviews.
Requirement to be licensed Under the Private Investigators and Security Guards Act 1974 per­ sons have been required to be licensed if running businesses— • • as private investigators: installing burglar alarms or similar warning devices, or secur­ ity cameras, or locking devices for safes or strongrooms on properties: entering a premise for any of the following purposes: to sell, or attempt to sell, a burglar alarm or similar warning device, to advise on the desirability of having such a device installed, or to advise on the advisability of having that premise or another premise guarded: guarding properties, or monitoring burglar alarms or similar warning devices, or monitoring security cameras.
• • Similarly, any persons they have employed or engaged to perform the work for which they themselves require a licence have also been required to be licensed.

The reviews identiﬁed a need to clarify and extend these licensing requirements, in order to avoid unnecessary risks to clients and em­ ployers, to members of the public, and to security personnel them­ selves.
The reviews also identiﬁed a need to licence persons who are em­ ployed or engaged to perform crowd control services, even if they do not work for businesses offering those services to others (eg, even if they work directly for a place selling liquor rather than for a separate business offering, or providing, crowd control services to that place).
Explanatory note Private Security Personnel and Private Investigators Bill 3 In addition, one of the ﬁndings of the reviews was that requiring re­ licensing in March every year, for both licence and certiﬁcate hold­ ers, imposes heavy costs on the industry and produces few, if any, beneﬁts that less frequent relicensing would produce.

Less frequent relicensing, with the relicensing date depending on the date at which the current licence or certiﬁcate was applied for, was identiﬁed as de­ sirable.
Training requirements Under the Private Investigators and Security Guards Act 1974 there has been no provision for introducing mandatory training require­ ments for persons licensed under the Act.

This was identiﬁed in the reviews as a major shortcoming.

Manda­ tory training requirements were identiﬁed as highly desirable for staff likely to encounter violence or potentially violent situations in the course of their work.
Rules of conduct including possible codes of ethics Under the Private Investigators and Security Guards Act 1974, pri­ vate investigators and their staff have been required to comply with a number of restrictions on how they carry out their work.
In particu­ lar, it has been an offence to, in connection with the business of a pri­ vate investigator, make visual or audio recordings of another person without the prior written consent of that person, except for purposes of identifying that person for the purpose of identifying someone on whom a legal process is to be or has been served.

The reviews concluded that maintaining these restrictions is desir­ able, in particular to protect the right of privacy.
The Act also contains a provision for introducing codes of ethics by regulation for persons licensed under the Act, although no codes of ethics have ever been promulgated.

The reviews concluded that re­ taining this regulation­making power is desirable also, since having codes of ethics can assist in raising and then maintaining standards.
Offence provisions modernised and penalties increased The reviews concluded that— • offence provisions, and their wording, needed to be mod­ ernised: 4 • Private Security Personnel and Private Investigators Bill Explanatory note maximum penalties were not sufﬁciently high to defer offend­ ing against the Act, and, in particular, insufﬁciently high to deter unlicensed businesses from operating in the industry and unlicensed staff from working in the industry.
Administration and enforcement The reviews identiﬁed a number of changes that could be made to improve the administration of the Act, including— • a move to more objective criteria for determining whether li­ censes and certiﬁcates should be issued; and more accurate and accessible information on who is licensed and in what category, as well as more accurate and accessible licensing statistics.
• The reviews also identiﬁed a need for a dedicated enforcement and prosecution unit, with the police unable to give priority to ensuring compliance with the Act due to other commitments.
Main changes to existing law Requirement to be licensed: categories of licence The Bill will require all those who are currently required to be li­ censed under the Act to continue to be required to be licensed and, in addition, additional persons are required to be licensed in line with the needs identiﬁed in the reviews of the Private Investigators and Security Guards Act 1974.
The Bill— • more widely deﬁnes when a person running a business enter­ ing premises to advise on security matters should be licensed: clariﬁes that a person running a business responding to a se­ curity alert should be licensed: clariﬁes that a person running a business collecting and dis­ posing of conﬁdential documents should be licensed: requires a person running a business guarding others to be li­ censed: requires a person running a business providing crowd control services (regulating entry to a premises, maintaining order on a premises, or removing persons from a premises) to be licensed.
• • • • Explanatory note Private Security Personnel and Private Investigators Bill 5 private investigator: security technician: security consultant: conﬁdential document destruction agent: property guard: personal guard: crowd controller.
Licences for persons wishing to run businesses are to be issued in 7 categories: • • • • • • • Certiﬁcates for persons performing the work for which these busi­ nesses are required to be licensed, and who do not themselves pos­ sess a licence, are to also be issued in 7 categories: • • • • • • • A crowd controllers licence or crowd controller employee certiﬁcate will also need to be possessed by anybody who is employed or en­ gaged to perform crowd control work regardless of who they are em­ ployed or engaged by (unless that person is employed or engaged by the Crown).
The Bill will do away with annual renewals of licences and certiﬁ­ cates.

For both licences and certiﬁcates the full relicensing process will only need to be undertaken every 5 years from the date at which the licence or certiﬁcate was last issued or renewed.

However, li­ cence holders will be obliged to re­register every year, provide infor­ mation to the Licensing Authority, and pay a prescribed fee.
private investigator employee: security technician employee: security consultant employee: conﬁdential document destruction agent employee: property guard employee: personal guard employee: crowd controller employee.
Requirement to be licensed: ﬂexibility Considerable ﬂexibility is possible within this framework, both to accommodate possible changes in the technology and in the operat­ ing environment without needing to amend the Act, and to address individual circumstances where there is a strong case to make an ex­ ception from the norm.
6 Private Security Personnel and Private Investigators Bill Explanatory note • The Bill will make it possible to, by Order in Council (regulations)— require differing training or experience requirements within • a category so that those who carry on a business, or are em­ ployed to work, only within a subcategory can be licensed sub­ ject to conditions imposed as to the work they may perform: exempt certain persons who would otherwise fall within a par­ ticular category from needing a licence or certiﬁcate.
There is scope for making this exemption conditional on the per­ sons concerned holding some other qualiﬁcation, and/or being members of some speciﬁed professional body, which may be an international body: specify particular circumstances in which a licence or certiﬁ­ cate is not required for some staff even though they perform work that would normally require a licence or certiﬁcate.
This might be on condition that conditions speciﬁed in the order are complied with, and the Bill speciﬁcally states that regula­ tions of this type may be made covering employees performing crowd control work at speciﬁed events or types of events.

• In addition, licences and certiﬁcates will be able to have conditions attached by the Licensing Authority, so that those holding them are licensed to do some, but not all, of the things that the licence or certiﬁ­ cate would otherwise permit them to do.
This might be particularly appropriate for people with a disability that prevents them from per­ forming some security­related tasks but not others.
Requirement to be licensed: acting in place of licensed security staff without full licence or certiﬁcate There will always be a time lag between when an application is made for a licence and certiﬁcate, and when it will be possible to issue the full licence or certiﬁcate and there may also be a lengthy time lag between when someone applies for a position requiring a licence or certiﬁcate and when training can be arranged for them.
Provision has therefore been made in the Bill for— • temporary certiﬁcates to be issued by the Licensing Author­ ity while an applicant for a licence or certiﬁcate waits for the full licensing process to be completed and possibly completes any additional training or experience requirements they re­ quire (a temporary certiﬁcate will be issued for a maximum Explanatory note Private Security Personnel and Private Investigators Bill 7 • of 3 months unless extended in an individual case by the Li­ censing Authority); and applicants to act in place of a licensed person even before a temporary licence or certiﬁcate has been issued if otherwise the business concerned would have too few licensed persons to properly carry on its business (acting in such a position, however, will only be able to be done for a short time and will be subject to stringent safeguards).
Incidents requiring the sorts of actions that a crowd controller might be expected to perform can also arise very suddenly and unexpect­ edly in many types of work, particularly in an environment in which alcohol is being consumed.
The Bill therefore— • speciﬁcally states that a person does not require a certiﬁcate issued under the Act to perform the work of a crowd controller if he or she performs the role of a crowd controller incidentally to the principal work that he or she performs (for instance, a bar attendant responding to an incident involving patrons); and a duty manager appointed under the Sale of Liquor Act 1989 does not require a licence or certiﬁcate issued under the Act to perform any crowd control activities on the premises where they are acting as the duty manager.
• In addition, volunteers performing work that falls within the strict deﬁnition of crowd control are also necessary to the smooth and safe running of many sporting and social events.

Furthermore, in most cases licensing would appear manifestly excessive given the type and magnitude of the risks associated with such work, and it might even discourage enough people being employed to perform it to create a safe environment.
A volunteer will not need to possess a certiﬁcate provided they are not paid to perform the work in question.

Training requirements The Bill will enable training requirements to be prescribed for secur­ ity and private investigation staff.

Cabinet has agreed that when the new legislation comes into force property guards, personal guards, and crowd controllers will all have to undertake mandatory training.
The detailed training requirements have yet to be developed, and will be developed in consultation with the hospitality and security indus­ tries as well as industry training bodies.

It is intended that some of 8 Private Security Personnel and Private Investigators Bill Explanatory note the mandatory training will be speciﬁcally aimed at teaching security staff how to avoid causing positional asphyxia if they have to restrain someone.
The training requirements are expected to signiﬁcantly improve safety for both the security staff themselves and also those they come into contact with.

But, in particular, it is expected to improve safety for bar patrons, bar staff, and crowd controllers.

Rules of conduct including possible codes of ethics The Bill retains existing restrictions on how private investigators and their staff are allowed to carry out their work.
It also retains the existing provision for introducing codes of ethics by regulation for persons licensed under the Act.

Offence provisions modernised and penalties increased The Bill will modernise offence provisions in the legislation govern­ ing security staff.

Penalties for offences will signiﬁcantly increase to a level where, while remaining proportionate to the offences com­ mitted, they provide an effective deterrent to offending.

The present maximum ﬁne for an offence against the Act is $2,000.
In future, the maximum ﬁne under the Act, for operating an unlicensed business, will be $40,000 for an individual and $60,000 for a corporation.

In addition, the maximum ﬁnancial penalty that can be imposed by the Licensing Authority will be increased from $500 to $2,000.

Administration and enforcement The criteria for determining who is to be licensed under the Act will be speciﬁed primarily in terms of objective factors.
However, the Licensing Authority will retain discretion to assess the suitability of the applicant regarding his or her character, circumstances, and back­ ground.

The Bill will also provide a legislative framework which facilitates having more accurate and accessible online registers and more ac­ curate and easier to access licensing statistics.
In addition, it will create a dedicated enforcement and prosecution unit, the Complaints, Investigations, and Prosecutions Unit, funded from licensing revenue to enforce the requirements of the Act.

Explanatory note Private Security Personnel and Private Investigators Bill 9 The steps described in the last 2 paragraphs, taken together with the increases in penalties, are expected to signiﬁcantly reduce the number of unlicensed operators working in the industry.
Clause by clause analysis Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force on a date to be ap­ pointed by the Governor­General by Order in Council.

Different commencement dates may be appointed for different provisions.

It is intended that the provisions for the appointment of the Private Se­ curity Personnel Licensing Authority (in Part 5) will come into force before the rest of the Bill.
The reason for the Order in Council com­ mencement is that regulations and other administrative preparations need to be completed before the Bill can be brought into force.

Part 1 Preliminary provisions Clause 3 is the purpose clause.

Clause 4 deﬁnes certain terms used in the Bill.

Clauses 5 to 11 deﬁne private investigator, security technician, security consultant, conﬁdential document destruction agent, property guard, personal guard, and crowd controller.
Clause 12 allows the Governor­General by Order in Council to de­ clare that a person (who would otherwise fall within 1 of the categor­ ies in clauses 5 to 11) is not a person within that category.

Paragraph (a) is in substantially similar terms to sections 3(5) and 4(4) of the Private Investigators and Security Guards Act 1974 (the existing Act).

Clause 13 deﬁnes the various classes of responsible employee.
For each category of business described in clauses 5 to 11 an individual who is employed or engaged to do that particular work is deﬁned as a responsible employee under this clause.

The classes therefore are private investigator employee, security technician employee, security consultant employee, conﬁdential document destruction agent employee, property guard employee, personal guard em­ ployee, and crowd controller employee.
10 Private Security Personnel and Private Investigators Bill Explanatory note This clause allows the Governor­General by Order in Council to de­ clare that a person, who would otherwise fall within the deﬁnition of crowd controller employee, is not a crowd controller employee.

Clause 14 provides that the Bill binds the Crown.

However, under clause 15, Crown employees and certain others are not required to hold licences or certiﬁcates of approval under the Bill.
Clause 15 provides that the Bill does not require any of the following to hold a licence or certiﬁcate of approval: • members of the police in respect of their employment by the Commissioner of Police, and the Commissioner of Police: employees of the Crown in respect of that employment: a person carrying on an occupation or business in accordance with a practising certiﬁcate, licence, permit, or other authority under any other enactment.
• • Part 2 Licences and certiﬁcates Subpart 1—Licences Who must be licensed Clause 16 provides that the following persons must hold a licence under the Bill: • • • • • • • A person who contravenes this clause commits an offence and is li­ able on conviction to a ﬁne not exceeding $40,000 (or $60,000 for a body corporate).

a private investigator: a security technician: a security consultant: a conﬁdential document destruction agent: a property guard: a personal guard: a crowd controller.
Grounds of disqualiﬁcation: licences Clauses 17 and 18 set out certain grounds of disqualiﬁcation applic­ able to applicants for licences.

The grounds in clause 17 are applic­ Explanatory note Private Security Personnel and Private Investigators Bill 11 able to individuals.

The grounds in clause 18 are applicable to com­ panies.

Applying for licence Clauses 19 and 20 set out the requirements for applying for a licence.
Clause 21 provides that on receipt of an application the Licensing Authority— • may make whatever inquiries it considers necessary in order to determine whether or not the application should be granted; and may ask for a report from the Complaints, Investigation, and Prosecution Unit on the application.

• Clause 22 provides for notice of the application to be given to the police and to the public.

Objections Clause 23 provides that the police may object to the granting of the application.
Clause 24 provides that any other person may object to the grant of the application and sets out the grounds on which an objection may be made.

Hearing of application Clause 25 provides for the process of holding a hearing into the ap­ plication.

Clause 26 provides that the Licensing Authority may— • grant an application without holding a hearing if there are no notices of objection: refuse an application if the Authority is unable to verify the information in it.
• Decision on application Clause 27 provides that if an applicant is applying to carry on more than 1 of the classes of private security business the Licensing Au­ thority must assess the application separately in respect of each class of business.
12 Private Security Personnel and Private Investigators Bill Explanatory note • • • Clause 28 sets out the tests to be applied to the application and pre­ conditions to the granting of a licence as follows: • • the applicant must be of or over 18 years of age: if the applicant is a company every ofﬁcer of the company must be of or over 18 years of age: the application must have been correctly and completely made (clauses 19 and 20): if the applicant has none of the disqualifying factors in clauses 17 or 18, the Licensing Authority must grant the application unless the Licensing Authority is satisﬁed, based on some other evidence adduced at the hearing relating to the character, circumstances, or background of the applicant, that the appli­ cant is not suitable to carry on that business: if the applicant has 1 or more of the disqualifying factors in clauses 17 or 18, the Licensing Authority may grant the ap­ plication only if the Licensing Authority is satisﬁed that the applicant is suitable to carry on that business.
The Licensing Authority must take into account the 1 or more disqualifying factors and any other evidence adduced at the hearing relating to the character, circumstances, or background of the appli­ cant.

These tests replace the proper person test in section 26 of the existing Act.

The Licensing Authority may impose conditions on the licence.

Issue, duration, etc, of licence Clause 29 provides for the issue of a licence to a successful applicant.
Clause 30 provides that the licensee is authorised to carry on the class or classes of private security business for which the licence is issued from the place of business speciﬁed in the licence.

The licensee may carry on that class or those classes of business in partnership with another person who is also licensed.

Clause 31 provides that the licence is in force for 5 years unless can­ celled earlier.

Clause 32 requires the Licensing Authority to notify the police when a licence is issued.
Explanatory note Private Security Personnel and Private Investigators Bill 13 Temporary certiﬁcate of approval for applicant for licence Clause 33 provides that if an individual has applied for a licence the individual may request that he or she be issued with a temporary certiﬁcate of approval.
If so, the application for the licence will be treated as if it were an application for a certiﬁcate and will be assessed accordingly under clause 55. in his or her own name; or in the case of a ﬁrm, the name of 1 of the partners.

General provisions, amendments, renewals, etc Clause 34 provides that, unless the Licensing Authority approves, a licensee other than a company must carry on business— • • A company licensee must carry on the business in the name by which it is registered or incorporated.
This clause is substantially similar to section 31 of the existing Act.

Clause 35 requires a company licensee to obtain the approval of the Licensing Authority when a new ofﬁcer of the company is appointed.
It replaces section 32 of the existing Act but differs that, in the new clause,— • the test to be applied by the Licensing Authority when decid­ ing whether or not to approve the new ofﬁcer is different, to be consistent with the tests for granting a licence in the Bill; and the penalty for non­compliance is a ﬁne not exceeding $20,000.

• Clause 36 provides that a licensee may apply to have 1 or more new classes of private security business added to the licensee’s licence.
The new class or classes are assessed in the same way as if there were an application for a licence in respect of that class or those classes.

Clause 37 provides for the renewal of licences.

Clause 38 provides for annual updating of information by a licensee.
At 12­monthly intervals after the date of issue of the licence the li­ censee must send in a return to the Licensing Authority advising— whether there has been any change to the licensee’s registered • ofﬁce or place or places of business; or whether details relating to a responsible employee of the li­ censee have changed.
• 14 Private Security Personnel and Private Investigators Bill Explanatory note If a licensee fails to comply with this requirement the licence is sus­ pended and the licensee commits an offence.

This clause has no counterpart in the existing Act.

Under the existing Act licences are required to be renewed annually.
Subpart 2—Certiﬁcates of approval Who must hold certiﬁcate of approval Clause 39 provides that no individual may be employed, engaged as a contractor, act, or hold himself or herself out as a responsible employee (as deﬁned in clause 13) unless that individual holds a cer­ tiﬁcate of approval.

A person who contravenes this clause commits an offence and is li­ able on conviction to a ﬁne not exceeding $20,000.
Clause 40 provides that— • no licensee may employ, engage as a contractor, or permit to act as a responsible employee any individual who does not hold a certiﬁcate of approval; and in the case of crowd control work, no person, not being a li­ censee, may employ, engage as a contractor, or permit to act as a responsible employee any individual who does not hold a certiﬁcate of approval.

• A person who contravenes this clause commits an offence and is li­ able on conviction to a ﬁne not exceeding $20,000.
Grounds of disqualiﬁcation: certiﬁcates of approval Clause 41 sets out certain grounds of disqualiﬁcation applicable to applicants for certiﬁcates of approval.

Applying for certiﬁcate of approval Clause 42 sets out the requirements for applying for a certiﬁcate of approval.
Clause 43 provides that on receipt of an application the Licensing Authority— • may make whatever inquiries it considers necessary in order to determine whether or not the application should be granted; and Explanatory note Private Security Personnel and Private Investigators Bill 15 • ask for a report from the Complaints, Investigation, and Pros­ ecution Unit on the application.

Clause 44 provides for notice of the application to be given to the police.
Objections Clause 45 provides that the police may object to the grant of the application.

Hearing of application Clause 46 provides for the process of holding a hearing into the ap­ plication.

Clause 47 provides that the Licensing Authority may— • grant an application without holding a hearing if there are no notices of objection: refuse an application if the Authority is unable to verify the information in it.
• Decision on application Clause 48 provides that if an application relates to more than 1 class of responsible employee the Licensing Authority must assess the ap­ plication separately in respect of each class.
Clause 49 sets out the tests to be applied to the application and pre­ conditions to the granting of a licence as follows: • the applicant must be of or over 18 years of age (except for conﬁdential document destruction agent employees and prop­ erty guard employees): the application must have been correctly and completely made (clause 42): if the applicant has none of the disqualifying factors in clauses 17 or 18, the Licensing Authority must grant the application unless satisﬁed, based on some other evidence adduced at the hearing relating to the character, circumstances, or background of the applicant, that the person is not suitable to carry on that business: if the applicant has 1 or more of the disqualifying factors in clauses 17 or 18, the Licensing Authority may grant the appli­ • • • 16 Private Security Personnel and Private Investigators Bill Explanatory note cation only if the Licensing Authority is satisﬁed that the appli­ cant is suitable to be a responsible employee of that class.
The Licensing Authority must take into account the 1 or more dis­ qualifying factors and any other evidence adduced at the hear­ ing relating to the character, circumstances, or background of the applicant.

These tests replace the proper person test in section 40 of the existing Act.

The Licensing Authority may impose conditions on the certiﬁcate of approval.

Issue, duration, etc, of certiﬁcate of approval Clause 50 provides for the issue of a certiﬁcate to a successful appli­ cant.
Clause 51 sets out the effect of a certiﬁcate of approval.

Clause 52 provides that the certiﬁcate is in force for 5 years unless cancelled earlier.

Clause 53 requires the Licensing Authority to notify the police when a certiﬁcate is issued.

Clause 54 provides for the renewal of certiﬁcates.

Temporary certiﬁcates Clause 55 provides for the issue of a temporary certiﬁcate to a person who has applied for a certiﬁcate, provided that certain conditions are met.
Emergency appointments of responsible employees Clause 56 provides that in certain circumstances a person may em­ ploy, engage, or permit a person to act as a responsible employee even though the person does not have a certiﬁcate of approval.

Those cir­ cumstances are where the employer has insufﬁcient responsible em­ ployees due to an emergency or illness.

Certain pre­conditions must be satisﬁed, and the appointment may be on a temporary basis only.
Explanatory note Private Security Personnel and Private Investigators Bill 17 Part 3 Responsibilities of licensees and certiﬁcate holders Clause 57 provides that a licensee must produce his or her licence on demand by— • • • the Licensing Authority; or a member of the police; or a person authorised by the person in charge of the Complaints, Investigation, and Prosecution Unit; or a person with whom the licensee is dealing in the course of the business to which the licence relates.
• This clause is substantially similar to the obligation to produce a li­ cence contained in section 45 of the existing Act except for the ad­ ditional reference to the Complaints, Investigation, and Prosecution Unit.

Clause 58 similarly provides for the production on demand of certiﬁ­ cates of approval.

It is in similar terms to section 46 of the existing Act except for the additional reference to the Complaints, Investiga­ tion, and Prosecution Unit.
Clause 59 requires holders of licences and certiﬁcates of approval to wear the licence or certiﬁcate when carrying out the work concerned.

The exception to this is private investigators and private investigator employees.

Clause 60 requires licensees and certiﬁcate holders to comply with any requirement to keep records that may be prescribed in regula­ tions.

Failure to comply is an offence punishable on conviction by a ﬁne of up to $2,000.
Clause 61 provides that a licensee or certiﬁcate holder must, when required by a member of the police or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit,— • show the person any record or document required to be kept under the regulations: make a copy or temporarily give the person the record or docu­ ment.

• Clause 62 requires a responsible employee to notify the Licensing Authority when the responsible employee changes employers.
This 18 Private Security Personnel and Private Investigators Bill Explanatory note clause replaces section 47 of the existing Act.

It differs from that sec­ tion in that, in section 47, the obligation to notify is on the (licensee) employer not the certiﬁcate holder.

Clause 63 requires a certiﬁcate holder to advise the Licensing Au­ thority if details included in the application for the certiﬁcate change.
Clause 64 requires a private investigator to display notices at his or her place of business stating that he or she is a private investigator.

This clause is in similar terms to section 48 of the existing Act.

Clause 65 requires a private investigator to render an account to his or her client within a certain time.

This clause is in similar terms to section 51 of the existing Act although the penalty for breaching this clause differs from that section.
Clause 66 restricts the taking, and use, of photographs and other recordings by a private investigator or private investigator employee in the course of or in connection with the business of a private investi­ gator.

This clause is in similar terms to section 52 of the existing Act although the penalty for breach is increased from $2,000 to $20,000.
Part 4 Discipline Complaints Clause 67 provides that a member of the police, or other person with leave of the Authority, may complain to the Authority about a li­ censee on certain speciﬁed grounds.

Clause 68 provides that a member of the police, or other person with leave of the Authority, may complain to the Authority about a certiﬁ­ cate holder on certain speciﬁed grounds.
Clause 69 provides that on receipt of a complaint the Authority may send a copy of it to the police or the Complaints, Investigation, and Prosecution Unit for investigation and report.
This clause also pro­ vides that if the Authority suspects that there may be grounds for complaint against a licensee or certiﬁcate holder the Authority may— refer the matter to the police for the police to decide whether • to ﬁle a complaint; or refer the matter to the Complaints, Investigation, and Prosecu­ tion Unit for investigation and report.
• Explanatory note Private Security Personnel and Private Investigators Bill 19 Clause 70 provides the Authority with a power to suspend a licence or certiﬁcate if a complaint is made against the holder of it.

This clause is in similar terms to section 55 of the existing Act.

Disciplinary hearing Clause 71 sets out the grounds for, and procedure for, a disciplinary hearing.

The Authority must hold a disciplinary hearing if a com­ plaint has been made against a holder of a licence or certiﬁcate.
It may hold a disciplinary hearing if it has received a report requested under clause 69(2) and suspects that there may be grounds for dis­ ciplinary action against a holder of a licence or certiﬁcate.

Powers of Authority—licensees Clause 72 sets out the powers that the Authority has if, following a disciplinary hearing against a licensee, the Authority is satisﬁed that the grounds for disciplinary action are proved.
The Authority— • • • must cancel the licence if clause 73 applies: may cancel the licence if clause 74 applies: may also suspend the licence, ﬁne or reprimand the licensee, or, in the case of a company, order the company to terminate an ofﬁcer’s employment.

Clause 73 sets out grounds on which cancellation of the licence under clause 72 is mandatory.

Clause 74 sets out the grounds on which the Authority has, under clause 72, a discretion to cancel the licence.
Powers of Authority—holders of certiﬁcates of approval Clause 75 sets out the powers that the Authority has if, following a disciplinary hearing against a certiﬁcate holder, the Authority is satisﬁed that the grounds for disciplinary action are proved.

The Au­ thority— • • • must cancel the certiﬁcate of approval if clause 76 applies: may cancel the certiﬁcate of approval if clause 77 applies: may also suspend the certiﬁcate of approval or ﬁne or repri­ mand the certiﬁcate holder.
20 Private Security Personnel and Private Investigators Bill Explanatory note Clause 76 sets out the grounds on which cancellation of the certiﬁcate of approval under clause 75 is mandatory.

Clause 77 sets out the grounds on which the Authority has, under clause 75, a discretion to cancel the certiﬁcate of approval.

General provisions Clause 78 provides for proof of convictions in proceedings before the Licensing Authority.

It is in substantially similar terms to section 61 of the existing Act.
Clause 79 provides for the return to the Authority of cancelled and suspended licences and certiﬁcates of approval.

It is in substantially similar terms to section 62 of the existing Act.

Clause 80 provides that nothing in this Part limits or affects any other provisions in the Bill about punishment of offences.

It is in substan­ tially similar terms to section 63 of the current Act.
Part 5 Licensing Authority and Complaints, Investigation, and Prosecution Unit Licensing Authority Clauses 81 to 89 provide for the establishment of a Private Security Personnel Licensing Authority.

The Authority will replace the ofﬁce of Registrar under the existing Act.

Registers Clauses 90 to 92 provide for the establishment and maintenance of a register of licensees and a register of certiﬁcate holders.
Complaints, Investigation, and Prosecution Unit Clause 93 requires the chief executive of the responsible department to provide a Complaints, Investigation, and Prosecution Unit.

The unit will have a chief investigator.

The unit will have the functions and powers conferred by the Bill.
Explanatory note Private Security Personnel and Private Investigators Bill 21 Part 6 General and miscellaneous provisions General provisions Clause 94 allows for appeals to a District Court against certain deci­ sions of the Licensing Authority.
Clause 95 provides that a member of the police or a person author­ ised by the chief investigator of the Complaints, Investigation, and Prosecution Unit may ask a person’s name, address, and date of birth if the questioner has reasonable cause to suspect the person of an of­ fence against the Bill.
Clause 96 makes it an offence against the Bill to provide false infor­ mation to the Licensing Authority, a person authorised by the Com­ plaints, Investigation, and Prosecution Unit, or a member of the po­ lice.

Clause 97 deals with the liability of ofﬁcers of a company for of­ fences against the Bill committed by the company.

Clause 98 provides for a general penalty for offences against the Bill if no other penalty is speciﬁed.
Clause 99 provides a defence to a charge of failing to show docu­ ments, etc.

Clause 100 provides for the Licensing Authority to waive a ground of disqualiﬁcation under clause 17, 18, or 41 where an event occurs that means 1 or more grounds of disqualiﬁcation now apply to a li­ censee or certiﬁcate holder.

That ground of disqualiﬁcation would otherwise be a possible ground for taking disciplinary action against the licensee or certiﬁcate holder.
Miscellaneous provisions Clauses 101 to 109 are miscellaneous provisions.

Clause 102 has no counterpart in the existing Act.

It makes it an offence for a person who does not have the appropriate licence or certiﬁcate to wear any form of dress or insignia that misleads people into thinking that the person is a property guard, personal guard, or crowd controller or equivalent responsible employee.
22 Private Security Personnel and Private Investigators Bill Explanatory note Repeals and amendments Clause 110 repeals the Private Investigators and Security Guards Act 1974.

Clause 111 amends other enactments.

Clauses 112 to 116 are transitional provisions.

Regulatory impact statement Executive summary The private security industry, which includes private investigators, performs a wide range of activities relating to the prevention and detection of disorder and criminal offending.
It is also involved in other activities that have little to do with criminal offending.

For example, a private investigator may gather information for use in civil litigation or for other purposes.

The preferred option is to repeal and replace the Private Investigators and Security Guards Act 1974 with the Private Security Personnel and Private Investigators Bill.
The Bill builds on the current Act and introduces the following key reforms: • measures to allow more effective and efﬁcient administration and enforcement of the Act, including the creation of a dedi­ cated enforcement unit and a move from annual licensing to 5­yearly licensing: offence provisions will be updated and the maximum penal­ ties that can be imposed upon conviction will be increased.
The ﬁnancial penalties that the Licensing Authority can im­ pose following a disciplinary hearing will also be increased: the licensing requirements will be clariﬁed and extended.
In particular, for the ﬁrst time, personnel providing crowd control services (including bouncers on licensed premises) will have to be licensed, regardless of whether they are employed by a business offering security services for hire or a business offer­ ing some other service (eg, a bar): it will be possible to specify training requirements as a con­ dition of licensing and require that property guards, personal guards, and crowd controllers must be trained.
• • • Existing legal restrictions on private investigators, including the pro­ hibition on covert photography and audio­recording, will remain in Explanatory note Private Security Personnel and Private Investigators Bill 23 place, as will the power to prescribe a code of conduct/ethics for any class of licensee.
Adequacy statement The Ministry of Justice has reviewed this regulatory impact statement (RIS) and conﬁrms that the RIS is adequate according to the criteria agreed by Cabinet, and that the principles of the Code of Good Regu­ latory Practice and the regulatory impact analysis requirements have been complied with.

Status quo and problem The private security industry generates both public and private bene­ ﬁts which, for the most part, are closely aligned.

However, some­ times they are not closely aligned.


For example, while private in­ vestigators perform a wide range of services that yield a substantial public beneﬁt, such as investigating possible offending, some of their activities may only beneﬁt those for whom they are gathering infor­ mation.

There are substantial resource costs associated with the operation of the security industry.
In addition, there is also a range of risks associ­ ated with security work: risks to persons, to property, and to the right to privacy.

The beneﬁts, costs, and risks fall on security personnel and businesses offering security services, on their clients, on private individuals and businesses providing their own security, and on third parties.
Under the current Act persons are required to be licensed if running businesses— • • as private investigators: installing burglar alarms or similar warning devices, or secur­ ity cameras, or locking devices for safes or strongrooms on properties: entering premises to sell, or attempt to sell, a burglar alarm or security camera or similar warning device; to advise on the desirability of having such a device installed; or to advise on the desirability of having those or other premises guarded: guarding properties, or monitoring burglar alarms or similar warning devices, or monitoring security cameras.
• • 24 Private Security Personnel and Private Investigators Bill Explanatory note Similarly, anyone employed or engaged to perform such work must have a certiﬁcate of approval issued under the Act.

Various factors, including criminal offending, are taken into account in deciding whether a particular person may be licensed.

The number of persons licensed under the Act has varied consider­ ably in recent years, but is expected to average around 10 000 per­ sons.
The following were identiﬁed as possible weaknesses of the existing legislation: • currently licences and certiﬁcates expire on 31 March every year, but annual relicensing is expensive and substantial bene­ ﬁts from requiring such frequent licensing are not apparent: enforcement of the Act is the responsibility of the police, but other work means that the police are unable to give this a high priority: maximum penalties that can be imposed under the Act are low in comparison with other occupational regulatory schemes and may not provide an effective deterrent, even if there was better enforcement: section 52 of the current Act prohibits private investigators and their staff from taking photographs or audio­recordings of persons without the subject’s written consent (except for a narrow range of purposes).
That protects the subject’s right to privacy, but also limits the ways in which private investigators can do their work.
The New Zealand Institute of Professional Investigators strongly opposes retaining section 52: there are signiﬁcant risks associated with crowd controllers (whether door staff at bars and nightclubs or core security per­ sonnel at major events) and personal guards (whether operat­ ing as bodyguards or guarding persons in custody), but they are not required to be licensed: there is no provision for mandatory training of persons li­ censed under the Act.
• • • • • Explanatory note Private Security Personnel and Private Investigators Bill 25 Policy objectives The policy objectives are— • balancing the need to ensure that persons offering security ser­ vices for hire and private security personnel are appropriately qualiﬁed against the need to avoid unnecessary compliance costs: ensuring that those running businesses offering security ser­ vices for hire or performing various security­related roles are subject to appropriate legal restrictions, taking into account the compliance costs: fair and efﬁcient administration and enforcement of the Act that is independent of control by the industry itself.
• • Options for reform A number of options for reform were considered in each of the areas of possible weakness identiﬁed above.

Administration and enforcement Licensing board Licensing and disciplinary decisions under the current Act are made by the Registrar of Private Investigators and Security Guards.

The Registrar is appointed, with security of tenure for a 3­year term, by the Minister of Justice and provided with administrative support by the Ministry of Justice.
The Registrar’s decisions can be appealed to the District Court.

The possibility of a licensing board, perhaps with industry involve­ ment, was considered.

However, the workload appears unlikely to justify more than a 1­person licensing authority.

A 1­person Licens­ ing Authority appointed with security of tenure for a ﬁxed term and with a right of appeal to the District Court maintains independence.
The volume of work also appears unlikely to justify a unit provid­ ing administrative support to the licensing authority that is not lo­ cated within a larger organisation.

The Ministry of Justice seems well­suited to the role, although improvements in administration are needed.
26 Private Security Personnel and Private Investigators Bill Explanatory note The decision was taken to retain much of the same structure as at present, though with the potential to appoint a Deputy Licensing Au­ thority if the need arises.

Enforcement Demands on police resources mean that the police cannot prioritise enforcement of offences under the Act.

For instance, only 5 prosecu­ tions in the District Court for breaches of the Act have been under­ taken since 1 January 2000.
There appear to be signiﬁcant numbers of unlicensed operators in the industry, although the size of the prob­ lem is difﬁcult to gauge.

Continuing to allow what appears to be relatively widespread non­ compliance is inappropriate.

The decision was therefore taken to cre­ ate a dedicated enforcement body funded from licensing revenue to carry out investigations and provide information to the Licensing Au­ thority and to carry out prosecutions (the Complaints, Investigation, and Prosecution Unit).
Frequency of licensing The option of continuing with annual licensing was considered.

However, it does not appear that requiring the annual renewal of licences would address the problem of industry participants failing to obtain licences or certiﬁcates any more effectively than requiring licences to be renewed less frequently would.

Increasing the period between licensing renewals would lower the costs associated with licensing.
There appear to be few risks associ­ ated with requiring licences to be renewed only every 5 years.

The decision was therefore taken to require licensees to renew their licences every 5 years, and re­register annually.

When re­registering, the licence­holder will be asked to verify their contact details and list the certiﬁcate holders who are working for them.
Penalties Maximum penalties under the Act are low in comparison with other occupational regulation regimes and may not provide an effective deterrent to offending.

The maximum ﬁne that can be imposed by the courts is $2,000.

Explanatory note Private Security Personnel and Private Investigators Bill 27 The decision was therefore taken to increase penalties to levels that are not inconsistent with other occupational regulatory schemes and that will more effectively deter offending.
In particular, the penalty for operating an unlicensed security business will go up from $2,000 to $40,000 for an individual and to $60,000 for a company.

Requirement to be licensed The fees for licences and certiﬁcates, together with various other costs associated with licensing (such as the cost of preparing an ap­ plication and some District Court costs relating to licensed persons), need to be set against the beneﬁts of licensing people.

By far the most signiﬁcant costs here will be licensing fees.
The beneﬁts of licensing are more difﬁcult to quantify than the costs.

They relate to excluding persons who would perform security­related work who present as unsuitable according to speciﬁed criteria, which means reduced risks to persons, to property, and to the right to pri­ vacy.
Persons currently required to be licensed There would be substantial additional risks from having violent or dishonest people performing the roles that currently require a licence or certiﬁcate, and there appears to be little scope to remove the obli­ gation to be licensed under the Act for these activities.

A possible exception is where there is either dual licensing or pos­ sibly a professional organisation with suitable and stringent mem­ bership requirements.
Regulation­making power has been put in the Bill to enable exemptions to be granted in such cases, although this is expected to be rarely used.

The decision was therefore made that everyone currently required to be licensed should continue to be required to be licensed (unless exempted by regulation).
Removing ambiguity in current licensing provisions There was also some ambiguity around the limits of existing deﬁni­ tions, so changes have been made in the Bill to— • more widely deﬁne the circumstances in which a person run­ ning a business that involves entering premises to advise on 28 • • Private Security Personnel and Private Investigators Bill Explanatory note security matters, and their employees engaged in that work, should be licensed: clarify that a person running a business responding to security alerts, and their employees engaged in that work, should be licensed: clarify that a person running a business collecting and dispos­ ing of conﬁdential documents, and their employees engaged in that work, should be licensed.
Addressing gaps in the legislation It is also apparent that there are some major gaps in the existing legis­ lation.

Persons running businesses guarding property are required to be licensed, along with any of their employees engaged in that work.
However, people running businesses providing crowd control ser­ vices (regulating entry to premises, maintaining order on premises, or removing persons from premises—work that is mostly done in and around where alcohol is sold and consumed) are not required to be licensed, and neither are the employees doing the work.

There is a similar gap in respect of persons running businesses supplying body­ guard services or staff to guard prisoners, and any of their employees engaged in that work.
The risks that would result from having violent or dishonest people doing this work are, if anything, generally even greater than the risks associated with them doing work that currently requires a licence.

The gap in respect of crowd control services is particularly problem­ atic, given the level of violence associated with alcohol and places where alcohol is sold and consumed.
The decision was therefore made to extend licensing to— • require a person running a business providing crowd control services (regulating entry to premises, maintaining order on premises, or removing persons from premises) to be licensed, as well as any of their employees engaged in that work; and require a person running a business guarding others to be li­ censed (a personal guard), as well as any of their employees engaged in that work.
• The deﬁnition of crowd controller and the regulation­making power in the Bill are intended to ensure that the impact of extending licens­ Explanatory note Private Security Personnel and Private Investigators Bill 29 ing is not unduly onerous, and that the costs are proportionate to the expected beneﬁts (eg, in the case of event security).
Consideration was then given to whether in­house security staff should also be licensed (ie, where a business does not engage an external security services provider, but rather employs security personnel directly).

Beneﬁts and costs in this area are difﬁcult to quantify.

Only in the case of crowd controllers was there felt to be a situation where the beneﬁts of licensing in­house security personnel would clearly out­ weigh the costs.
An additional consideration here is that many of the risks associated with poor work by crowd controllers clearly fall on persons other than the person or business that hired them.

The decision was therefore taken to require persons who are em­ ployed as crowd controllers to be licensed, even if they do not work for businesses offering those services to others (eg, even if they work directly for a bar, rather than for a separate business providing crowd control services to that bar).
Impact of changes in the licensing requirements It is estimated that these proposals will result in approximately 1 250 persons acquiring licences and a further 16 750 acquiring a certiﬁcate of approval in the ﬁrst year of the new regime’s operation.

There is expected to be an average of approximately 20% turnover in the industry each year (excluding movements within the industry).
Training The current Act does not require security personnel to undertake mandatory training in order to become or remain licensed.

Having competent personnel is important and a decision was therefore made to provide regulation­making power that would permit introducing mandatory training for any class of licensee.

It was considered that the high risks associated with crowd control and guarding property or individuals justify some mandatory training of security staff in these categories.
However, the amount of training that is desirable is more difﬁcult to establish.

In England and Wales the mandatory training requirements for per­ sons licensed to perform this and similar work is designed to take 30 Private Security Personnel and Private Investigators Bill Explanatory note around 30 hours to complete.

In all Australian jurisdictions training requirements are greater.
Contrary to those practises, in New Zealand there is a well­regarded course for door staff at licensed premises—and most crowd con­ trollers are expected to be primarily employed as door staff in li­ censed establishments.

This involves only two 3­hour sessions of contact time, plus an additional assessment session.

However well run, there are severe limitations on what can be taught in such a brief time.
With the training requirements still having to be prescribed, any cost­ ing of the training requirements is difﬁcult.

Costings have been car­ ried out on the assumption that training requiring an average of ap­ proximately 12 to 18 hours of contact time will be prescribed for employees.

This is based on preliminary research by ofﬁcials, which included attending the well­regarded course for door staff referred to above.

It is estimated that this training would cost approximately $300 per person.
Up to 75% of those required to hold certiﬁcates of approval are ex­ pected to fall within the categories where training will be manda­ tory—namely, employee property guards, employee personal guards, and employee crowd controllers.

However, not all persons in these categories will undertake train­ ing— • it is expected that there will be some limited grandparenting arrangements that reduce the number required to undertake training in the ﬁrst year, even if they cannot produce evidence of prior training.
Then in the ﬁrst and subsequent years there will be people who will be able to be exempted because they can produce evidence of prior training.

The details of these arrangements are still to be determined and this will be dealt with in regulations: a signiﬁcant number of those who acquire temporary certiﬁ­ cates of approval are expected to drop out of the industry be­ fore undertaking the training.
• Some employees in the ﬁrst and subsequent years will have under­ taken some sort of training anyway, even if it was not mandatory.

The cost of this should not be counted as a cost against the new regime, as it would have occurred anyway.
Licence holders can be expected Explanatory note Private Security Personnel and Private Investigators Bill 31 to be considerably better trained than most of their staff, and the cost of the new regime for them, when it is prescribed, may be consid­ erably less than for employees, again because so much of it would have occurred anyway.

Legal restrictions, covert photography, and audio recording Licensees currently have no powers (such as powers of arrest) greater than those of a member of the public.
The current Act allows for regulations to introduce a code of ethics governing any class of li­ cence holder within the industry, but this power has not been used.

The Bill contains regulation­making power enabling a code of con­ duct to be prescribed for any class of licensee.

Some overseas jur­ isdictions, including jurisdictions in Australia, have such codes in place for some categories of licensees in the security industry, and it may become desirable to introduce such codes here.
The current Act imposes a number of legal restrictions on how pri­ vate investigators may operate.

The restriction that has attracted the most attention is section 52, which prohibits photographing or au­ dio­recording people without their consent.

Alternatives to section 52 were considered.

However, covert surveil­ lance clearly does bring potential for abuse.
Recent incidents in New Zealand, including some high proﬁle incidents, clearly raise the prospect that signiﬁcant numbers of private investigators may ir­ responsibly use the power to photograph and audio­record people without their consent, if given this power.

The decision was there­ fore taken to retain the existing approach.
Preferred option The preferred option is to repeal and replace the existing Act with a new regime that builds on existing occupational regulation of the security industry and contains the following elements: • new measures will be introduced to improve administration and enforcement of the regulatory regime.
These include the creation of a dedicated enforcement unit to police the statutory requirements, and a move from annual licensing to 5­yearly licensing to eliminate unnecessary compliance costs: the penalties for breaches of the regulatory regime will be strengthened.
Offence provisions are updated and the maxi­ • 32 Private Security Personnel and Private Investigators Bill Explanatory note • • • mum ﬁnes on conviction will be increased from $2,000 to $40,000 for an individual and to $60,000 for a company for the most serious offence (running a business without a licence).
The maximum ﬁnancial penalties the Licensing Authority can impose on individual licensees following a disciplinary hear­ ing will be increased from $500 to $2,000: persons running businesses or performing various security­re­ lated roles will be subject to appropriate legal restrictions on their behaviour.
The Bill makes no changes in this area and, in particular, the existing law prohibiting private investigators from taking photographs or audio­recordings without the sub­ ject’s written consent (except for a narrow range of purposes) will remain: persons will be prevented from running businesses that offer various security services and/or perform various security­re­ lated work if it appears that allowing them to do so will result in unacceptable levels of risk.
Anyone who must currently be licensed will have to be licensed under the new regime, and li­ censing requirements will be clariﬁed and extended to include personal guards, crowd controllers, employee personal guards, and employee crowd controllers.

Employee crowd controllers will have to be licensed even if they are not working for some­ one who offers security services for hire.
where appropriate, persons running businesses offering se­ curity services for hire or performing security­related work, must receive appropriate training.

Unlike the current Act, the proposals will make it possible to specify training require­ ments as a condition of licensing.

It has been decided that property guards, personal guards, crowd controllers, and em­ ployee property guards, employee personal guards, and em­ ployee crowd controllers will all be required to be trained.
Explanatory note Private Security Personnel and Private Investigators Bill 33 Indicative fees for the new regime are set out in the table below: Implementation and review Activity new 5­year for Application licence an employer or for self­employed person; plus an­ nual registration fee.

1­year licence currently costs $120 and there is no registration fee.

Application for new 5­year cer­ tiﬁcate for an employee.

Currently a 1­year certiﬁcate costs $80.


Application for change of em­ ployer for certiﬁcate holder.

Currently $20.

Application for change to class of licence or certiﬁcate and/or grade of certiﬁcate or licence, or appli­ cation for approval of new dir­ ector.

Currently varies from no charge to $120, depending on the type of change.

Application for duplicate or re­ placement licence or certiﬁcate of approval.

Currently $20.

Register search.

Currently no charge.


Fee (GST inclusive) 5­year licence fee: $725 for a company, $600 for an individual.

Registration fee in non­licensing years: Non­employers no fee, employers $30 per licensed em­ ployee (with a minimum of $90 and a maximum of $600).

$200 for a 5­year certiﬁcate (in­ cludes an initial temporary cer­ tiﬁcate if required, which may be issued following a check for convictions but before the full li­ censing requirements are com­ pleted).
no charge $75 $45 no charge These indicative fees have been calculated so as to allow full recov­ ery of the costs, including the establishment costs, associated with both the Licensing Authority’s work and the costs of running the new 34 Private Security Personnel and Private Investigators Bill Explanatory note dedicated enforcement body.

Existing fees do not presently fully cover the costs associated with the existing Licensing Authority’s work.
Indicative costs of preferred option The following are indicative costs only.

It also includes costs to people who should be licensed now, but are not (possibly several thousand people).

Private sector Existing costs to private sector The total costs of licensing under the proposed new regime need to be set against expected licensing costs under the present regime of approximately $880,000 in fees per annum.
Licensing fees Total licensing fees for the new regime are estimated at approxi­ mately— • • year 1: $4,350,000: years 2 to 5: $1,220,000.

Additional training costs Additional training costs from mandatory requirements are estimated as being in the following order: Total additional ﬁnancial cost to the private sector The total additional ﬁnancial cost to the private sector is therefore estimated as being in the following order: • • year 1: $1,670,000: years 2 to 5: $480,000.
Explanatory note Private Security Personnel and Private Investigators Bill 35 Total additional ﬁnancial cost to the private sector The total additional ﬁnancial cost to the private sector is therefore estimated as being in the following order: Licensing fees Additional training costs Total additional costs Year 1 ($) 3,470,000 1,670,000 5,140,000 Years 2 to 5 ($) 340,000 480,000 820,000 Public costs The public cost of new licensing is expected to be covered by fees, except for some enforcement activity that may be carried out by the police (the dedicated enforcement unit funded from licensing fees will have primary responsibility for enforcement) and some District Court and Legal Aid costs related to appeals against decisions of the Licensing Authority and prosecutions.
These costs are expected to be small and easily covered by savings to the public sector generated by the impact of having more effective private security services.

This is an improvement on the existing regime, as currently the cost to the State of administering the licensing regime exceeds the income received from licensing fees by several hundred thousand dollars per year.
Beneﬁts of preferred option The main beneﬁts of the preferred option are— • persons who should not be working in the industry will be more effectively excluded: increased competency standards within the industry as persons providing property guarding, personal guarding, and crowd control services will be required to undertake training: a signiﬁcant reduction in offending and the costs associated with that.
• • Implementation and review The proposals will be implemented through the passage of the Private Security Personnel and Private Investigators Bill and related regula­ 36 Private Security Personnel and Private Investigators Bill Explanatory note tions.

The Private Security Personnel Licensing Authority will be responsible for ensuring that those affected by the Bill are aware of their obligations.
Consultation the Red Badge Group, Stakeholder consultation Targeted consultation was carried out with stakeholders in 2001 to 2003 and again in 2007.
Stakeholders consulted included the Hospitality Association of New Zealand, the New Zealand Institute of Professional Investigators, the Police Association, the New Zealand Security Ofﬁcers Association, the Māori Wardens Association, the Electrical Contractors Association, the Master Locksmiths Association of Australasia Ltd, ASIS Inter­ national, and Online Security Services.
The majority of the responses received were in support of reforms to the existing regime, broadly along the lines of the reforms proposed in the preferred option.

However, opposition and reservations con­ cerning speciﬁc aspects of the reform were also expressed.
Among the responses received— • the New Zealand Security Ofﬁcers Association expressed strong support for the reforms generally, although it would prefer a licensing board coupled with industry involvement in the governance of the industry: the Hospitality Association of New Zealand expressed con­ cerns about the costs associated with the extension of licensing to crowd controllers, the likely costs of training crowd con­ trollers, and the need to ensure appropriate training.
The Red Badge Group noted that many of those working in events se­ curity performed relatively low­risk roles just a few times a year, and suitable arrangements would need to be worked out to reﬂect this: the New Zealand Institute of Professional Investigators strongly opposed retaining the existing law that prohibits pri­ vate investigators from taking photographs or audio­record­ ings without the subject’s written consent (except for a narrow range of purposes).
• • Explanatory note Private Security Personnel and Private Investigators Bill 37 The feedback received from stakeholders was considered in the course of developing and evaluating the various options.
In particu­ lar, it was determined that— • the governance structure for the industry needs to be clearly independent of the industry: the risks associated with crowd control work indicate a strong need for both the licensing of and appropriate training for crowd controllers, but training requirements may not need to be as extensive as in some overseas regimes.
In addition, li­ censing all persons who perform events security work would be excessive: the risk to the right to privacy justiﬁes retaining the existing law prohibiting private investigators from taking photographs or audio­recordings without the subject’s written consent (ex­ cept for a narrow range of purposes).
• • Government departments/agencies and regulatory bodies The following were consulted and their views considered during the development of these policies: the New Zealand Police, Treasury, the State Services Commission, the Ministry of Economic Development, the Ofﬁce of the Privacy Commissioner, the Department of Labour, Crown Law, the Accident Compensation Corporation, the Civil Avi­ ation Authority of New Zealand, the Department of Internal Affairs, Te Puni Kōkiri, the Ministry of Paciﬁc Island Affairs, the Ministry of Women’s Affairs, the Ministry of Social Development, the Alcohol Advisory Council of New Zealand, the Chair of the Liquor Licensing Authority, the Registrar of Private Investigators and Security Guards, and the Law Commission.
The Department of Prime Minister and Cabinet was informed.
Hon Clayton Cosgrove Private Security Personnel and Private Investigators Bill Government Bill Contents Title Commencement Part 1 Preliminary provisions Purpose Interpretation Meaning of private investigator Meaning of security technician Meaning of security consultant Meaning of conﬁdential document destruction agent Meaning of property guard Meaning of personal guard Meaning of crowd controller Governor­General may exclude certain persons by Order in Council Responsible employees Acts binds the Crown Application of Act in certain cases 297—1 Page 7 7 7 7 9 10 11 11 12 12 12 13 13 15 15 1 Private Security Personnel and Private Investigators Bill Part 2 Licences and certiﬁcates Subpart 1—Licences Who must be licensed 16 Persons who must hold licence 26 27 28 29 30 31 32 Grounds of disqualiﬁcation: licences Grounds of disqualiﬁcation for individual applicant Grounds of disqualiﬁcation for company Applying for licence Application for licence: individual applicant Application for licence: company applicant Licensing Authority may make inquiries and request report Notice of application for licence Objections Objections by police to application for licence Objections by other persons Hearing of application Hearing of application for licence Cases in which hearing may be dispensed with Decision on application Consideration of application relating to more than 1 class of business Decision on application for licence Issue, duration, etc, of licence Issue of licence Effect of licence Duration of licence Licensing Authority to notify Commissioner of Police when licence issued Temporary certiﬁcate of approval for applicant for licence 33 Temporary certiﬁcate of approval for applicant for licence General provisions, amendments, renewals, etc 34 Name under which licensee may carry on business 16 26 26 2 Private Security Personnel and Private Investigators Bill 35 36 37 38 39 40 Persons not to act as ofﬁcers of
 licensed company without consent of Licensing Authority Amendment of licence Renewal of licence Annual return updating licence and certiﬁcate of approval information Subpart 2—Certiﬁcates of approval Who must hold certiﬁcate of approval Persons who must hold certiﬁcate of approval Offences by licensees, etc, relating to requirements to hold certiﬁcate of approval Grounds of disqualiﬁcation: certiﬁcates of approval 41 Grounds of disqualiﬁcation Applying for certiﬁcate of approval Application for certiﬁcate of approval Licensing Authority may make inquiries and request report Notice of application for certiﬁcate of approval Objections Objections by police to application for certiﬁcate of approval Hearing of application Hearing of application for certiﬁcate of approval Cases in which hearing may be dispensed with Decision on application Consideration of application relating to more than 1 class of responsible employee Decision on application for certiﬁcate of approval Issue, duration, etc, of certiﬁcate of approval Issue of certiﬁcate of approval Effect of certiﬁcate of approval Duration of certiﬁcate of approval Licensing Authority to notify Commissioner of Police when certiﬁcate of approval issued Renewal of certiﬁcate of approval Private Security Personnel and Private Investigators Bill 55 Temporary certiﬁcates Temporary certiﬁcates Emergency appointments of responsible employees 56 Emergency appointment of responsible employee 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Part 3 Responsibilities of licensees and certiﬁcate holders Production of licence Production of certiﬁcate of approval Requirement to wear licence or certiﬁcate of approval Licensee and certiﬁcate holder to keep records Access by police and Complaints, Investigation, and Prosecution Unit to records Notice to Licensing Authority of change of employment Updating certiﬁcate information Private
 investigator to display notices at ofﬁces Private investigator to render account to principal Private investigator or employee not to take photographs or make recordings without consent Part 4 Discipline Complaints Complaint against licensee Complaint against certiﬁcate holder Licensing Authority may refer matter to police or to Complaints, Investigation, and Prosecutions Unit Suspension of licence or certiﬁcate of approval pending determination of complaint Disciplinary hearing 71 Hearing Powers of Authority—licensees Disciplinary powers of Licensing Authority in respect of licensee Mandatory grounds for cancellation of licence Discretionary grounds for cancellation of licence Powers of Authority—holders of certiﬁcates of approval Disciplinary powers of Licensing Authority in respect of holder of certiﬁcate of approval Private Security Personnel and Private Investigators Bill Mandatory grounds for cancellation of certiﬁcate of approval Discretionary grounds for cancellation of certiﬁcate General provisions Evidence of convictions in proceedings before Licensing Authority Cancelled and suspended licences and certiﬁcates of approval must be returned to Licensing Authority Penalties for offences not affected Part 5 Licensing Authority and Complaints, Investigation, and Prosecution Unit Licensing Authority Private Security Personnel Licensing Authority Qualiﬁcations of Licensing Authority Term of ofﬁce of Licensing Authority Deputy Private Security Personnel Licensing Authority Remuneration, and status under certain Acts Licensing Authority to be a Commission of Inquiry for certain purposes Protection of Licensing Authority and Deputy Licensing Authorities Administrative and secretarial services Delegations Registers Registers Inspection of registers Statement by Licensing Authority as to contents of register Complaints, Investigation, and
 Prosecution Unit 93 Complaints, Investigation, and Prosecution Unit Part 6 General and miscellaneous provisions General provisions 94 95 96 Appeals to District Court Power of police and Complaints, Investigation, and Prosecution Unit to require information Providing false information 55 55 56 56 56 57 57 57 57 58 59 59 59 60 61 62 62 62 63 64 65 5 Private Security Personnel and Private Investigators Bill 97 98 99 Liability of ofﬁcers of company for offences General penalty for offences Defence to charges involving failure to show or make copy of document, or show or make available any thing 100 Waiver of ground of disqualiﬁcation while licence or certiﬁcate of approval in force Miscellaneous provisions 101 Licence or certiﬁcate not to confer additional powers on holder 102 Misleading conduct 103 104 105 106 107 108 109 Lost licences and certiﬁcates of approval Voluntary surrender of licence or certiﬁcate of approval Change of place of business Regulations Service of documents Photographs Civil remedies not affected Repeals and amendments Repeals Amendments to other enactments Transitional provisions Existing licences Existing certiﬁcates of approval Applications in progress Disciplinary proceedings in progress Provisions relating to Registrar 110 111 112 113 114 115 116 Schedule 1 Discretionary grounds for cancellation of licence or certiﬁcate Schedule 2 Amendments to Acts Schedule 3 Amendments to regulations 65 65 66 66 67 67 68 68 69 69 71 72 72 72 73 73 73 74 74 74 76 77 79 6 Private Security Personnel and Private Investigators Bill Part 1 cl 4 The Parliament of New Zealand enacts as follows: 1 2 3 4 Title This Act is the Private Security Personnel and Private Inves­ tigators Act 2008.
Commencement This Act comes into force on a date to be appointed by the Governor­General by Order in Council and 1 or more orders may be made bringing different provisions into force on dif­ ferent dates.

Part 1 Preliminary provisions Purpose The purpose of this Act is to ensure that persons offering speci­ ﬁed private security services for hire, and personnel providing those services,— (a) (b) are suitably qualiﬁed to carry out that work; and do not behave in ways that are contrary to the public interest.
Interpretation In this Act, unless the context otherwise requires,— certiﬁcate of approval means a certiﬁcate of approval issued under section 50, or a temporary certiﬁcate of approval is­ sued under section 55 Complaints, Investigation, and Prosecution Unit means the unit established under section 93 conﬁdential document destruction agent has the meaning given to it in section 8 conﬁdential document destruction agent employee has the meaning given to it in section 13(1)(d) crowd controller has the meaning given to it in section 11 crowd controller employee has the meaning given to it in section 13(1)(g) 7 Part 1 cl 4 Private Security Personnel and Private Investigators Bill Crown has the meaning given to it in section 2(1) of the Public Finance Act 1989 designated District Court means a District Court identiﬁed in regulations made under this Act as a District Court where applications may be made under this Act licence means a licence issued under section 29 Licensing Authority or Authority means the Private Security Personnel Licensing Authority appointed under section 81; and includes a Deputy Private Security Personnel Licensing Authority appointed under section 84 offence of dishonesty means— (a) any crime described in sections 108 to 117 or 217 to 266 of the Crimes Act 1961; and any offence described in sections 15 to 20 of the Sum­ mary Offences Act 1981 (b) offence of violence means an offence under— (a) any of sections 104, 105B, 128B to 150, 158 to 181, 188 to 204, and 216B to 216D of the Crimes Act 1961; or any of sections 3, 5, 5A, 6 to 6B, 9, 10, 14, 15, 18, 19, 20, or 21 of the Summary Offences Act 1981 (b) ofﬁcer, in relation to a company, means— (a) a director as that term is deﬁned in section 126 of the Companies Act 1993; and the chief executive of the company, or any person oc­ cupying the equivalent position (b) personal guard has the meaning given to it in section 10 personal guard employee has the meaning given to it in sec­ tion 13(1)(f) private investigator
 has the meaning given to it in section 5 private investigator employee has the meaning given to it in 30 section 13(1)(a) private security business means any or all of the classes of business described in sections 5 to 11 property guard has the meaning given to it in section 9 property guard employee has the meaning given to it in sec­ 35 tion 13(1)(e) 8 Private Security Personnel and Private Investigators Bill Part 1 cl 5 responsible department means the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act responsible employee means any or all of the employees de­ ﬁned in section 13 responsible Minister means the Minister of the Crown who is responsible for the department that is authorised by the Prime Minister to provide administrative support to the Licensing Authority security consultant has the meaning given to in section 7 security consultant employee has the meaning given to it in section 13(1)(c) security technician has the meaning given to it in section 6 security technician employee has the meaning given to it in section 13(1)(b).
5 10 15 5 (1) (2) Meaning of private investigator In this Act, private investigator means a person who, for valuable consideration, either by himself or herself or in part­ nership with any other person, carries on a business seeking or obtaining for any person or supplying to any person any infor­ 20 mation described in subsection (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 the ﬁnancial position of any person; or the occupation or business of any person; or the identity or whereabouts of any person; but (ii) (iii) (iv) does not include information that is contained in a pub­ lic record.
25 30 (b) (3) For the purposes of this section but without limiting the mean­ ing 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 35 within the meaning of this Act by reason of the fact that— (a) he or she seeks, obtains, or supplies any information— 9 Part 1 cl 6 Private Security Personnel and Private Investigators Bill (i) (ii) (iii) (iv) (v) (vi) (vii) for or to the Crown, or any member of the police, or any local authority; or at the request of a person who is not a client of the business; or only as a necessary, usual, or reasonable incident 5 of any other activity by that person that is not described in that subsection; or for any purpose relating to the dissemination of news or other information to the public or to any section of the public; or for any cultural or historical purpose or for any purpose relating to education, literature, or sci­ ence; or relating only to the person by whom he or she is engaged or retained; or in the course of and for the purposes of the busi­ ness of a bank, or of a credit bureau, or of a debt collecting agency; or 10 15 (b) he or she is a security technician, security consult­ ant, conﬁdential document destruction agent, property 20 guard, personal guard, or crowd controller.
Meaning of security technician In this Act, security technician means a person who for valu­ able consideration, either by himself or herself or in partner­ ship with any other person, carries on a business— (a) 25 installing on, 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 part­ ners— (i) a burglar alarm or similar warning device in­ 30 tended to immediately alert a person or persons to the presence of a person or persons in a par­ ticular place; or (ii) a locking device for a safe or a strongroom; or installing on, operating on, causing to be operated on, 35 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, for the (b) 6 10 7 8 Private Security Personnel and Private Investigators Bill Part 1 cl 8 purpose of detecting the commission of any offence by any person on those premises, any camera or similar device.
Meaning of security consultant In this Act, security consultant means a person who for valu­ 5 able consideration, either by himself or herself or in partner­ ship 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 10 sell any device of the kind referred to in paragraph (a) or (b) of section 6; or 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 15 occupier of the premises on the desirability of having installed on the premises any, or any further, such de­ vice; or entering any premises that are not owned or occupied by himself or herself or his or her ﬁrm or any of his or 20 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.
25 (b) (c) Meaning of conﬁdential document destruction agent 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 be­ ing of a conﬁdential nature; and destroying those documents.
(b) 30 11 Part 1 cl 9 Private Security Personnel and Private Investigators Bill 9 Meaning of property guard 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 occu­ 5 pied 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 any of the following that is on any premises that are not owned or occupied by himself or herself or 10 his or her ﬁrm or any of his or her partners: (i) a burglar alarm or similar warning device in­ tended to immediately alert a person or persons to the presence of a person or persons in a par­ ticular place: a camera or similar device; or (ii) responding to any device in subparagraphs (i) or (ii) of paragraph (b), 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 20 partners.
15 (c) 10 Meaning of personal guard 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— guarding a speciﬁc person or persons; or (a) guarding a speciﬁc person or persons and keeping order (b) at any place (not being premises or a conveyance li­ censed under the Sale of Liquor Act 1989) where the person or persons being guarded may be.
11 Meaning of crowd controller (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: 25 30 35 12 Private Security Personnel and Private Investigators Bill Part 1 cl 13 (a) (b) (c) screening entry to a place (other than simply ensuring that admission has been paid or that those entering have appropriate invitations or passes): keeping order in a place (more than merely being ex­ pected to draw the attention of others to behaviour that 5 is inappropriate or threatens to become inappropriate): 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.
12 13 (1) Governor­General may exclude certain persons by Order 10 in Council The Governor­General may, by Order in Council,— (a) declare that a person is not any one of the persons de­ ﬁned in sections 5 to 11 (as speciﬁed in the Order in Council) by reason only of the fact that he or she carries 15 on any occupation or business described in the order: declare that a person is not any one of the persons de­ ﬁned in sections 5 to 11 (as speciﬁed in the Order in Council) by reason only of the fact that he or she car­ ries on any occupation or business described in the order 20 conditional on— (i) that person being a member or afﬁliate of a named professional organisation or licensed under the law of New Zealand or any other place outside New Zealand; or some other requirement being satisﬁed: (ii) declare that a person is not any one of the persons de­ ﬁned in sections 5 to 11 (as speciﬁed in the Order in Council) if the person carries on an occupation or busi­ ness only during the period or in the circumstances de­ 30 scribed in the order.
25 (b) (c) Responsible employees In this Act— (a) private investigator employee means an individual who in the course of his or her employment, or engage­ 35 ment as a contractor, by a private investigator seeks or 13 Part 1 cl 13 Private Security Personnel and Private Investigators Bill (b) (c) (d) (e) (f) (g) obtains for any person or supplies to any person any information speciﬁed in section 5(2).
security technician employee means an individual who in the course of his or her employment, or en­ gagement as a contractor, by a security technician does 5 anything speciﬁed in paragraph (a) or (b) of section 6: security consultant employee means an individual who in the course of his or her employment, or en­ gagement as a contractor, by a security consultant does 10 anything speciﬁed in paragraph (a), (b), or (c) of section 7: conﬁdential document destruction agent employee means an individual who in the course of his or her em­ ployment, or engagement as a contractor, by a conﬁden­ 15 tial document destruction agent does anything speciﬁed in paragraph (a) or (b) of section 8: property guard employee means an individual who in the course of his or her employment, or engagement as a contractor, by a property guard does anything speciﬁed 20 in paragraph (a), (b), or (c) of section 9: personal guard employee means an individual who in the course of his or her employment, or engagement as a contractor, by a personal guard does anything speciﬁed in paragraph (a) or (b) of section 10: 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 does anything speciﬁed in paragraph (a), (b), or (c) of section 11.
30 25 (2) A person is not a crowd controller employee if— (a) (b) he or she is not employed or engaged primarily to do work of a kind speciﬁed in paragraph (a), (b), or (c) of section 11, but performs that work incidentally to the principal work he or she performs; or he or she does the work speciﬁed in section 10(b) and no other work of a kind speciﬁed in paragraph (a), (b), or (c) of section 11.
35 (3) The Governor­General may, by Order in Council,— 14 14 15 Private Security Personnel and Private Investigators Bill Part 1 cl 15 (a) (b) (c) 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: declare that certain persons or classes of persons are not crowd controller employees if they do anything speci­ 5 ﬁed in paragraph (a), (b), or (c) of section 11 only in the circumstances described in the order: declare that certain persons or classes of person are not crowd controller employees for the purpose of their work at a speciﬁed event or type of event provided that 10 conditions speciﬁed in the order are complied with.
Acts binds the Crown Except as provided in section 15, this Act binds the Crown.
(b) (c) (d) Application of Act in certain cases Nothing in this Act— (a) 15 requires any member of the police to hold a licence or certiﬁcate of approval in respect of any act performed in the course of his or her employment by the Commis­ sioner of Police; or requires the Commissioner of Police to hold a licence 20 or certiﬁcate of approval; or 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 em­ ployment by the Crown; or any act performed by any other employee of the Crown in the course of his or her employment by the Crown; or (ii) 25 requires any person to hold a licence or certiﬁcate of ap­ proval in respect of the carrying on by that person of an 30 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.
15 Part 2 cl 16 Private Security Personnel and Private Investigators Bill Part 2 Licences and certiﬁcates Subpart 1—Licences Who must be licensed a private investigator: a security technician: a security consultant: a conﬁdential document destruction agent: a property guard: a personal guard: a crowd controller.
Persons who must hold licence The following persons must hold a licence under this Act: (a) (b) (c) (d) (e) (f) (g) Every person who contravenes this section commits an offence and is liable on summary conviction— (a) in the case of an individual, to a ﬁne not exceeding $40,000: in the case of a body corporate, to a ﬁne not exceeding $60,000.
(b) Grounds of disqualiﬁcation: licences 5 10 15 20 (b) Grounds of disqualiﬁcation for individual applicant The grounds of disqualiﬁcation for an individual applicant for a licence are that the individual— (a) has been ordered by a court to be detained in a hospital due to his or her mental condition and is currently sub­ 25 ject to such an order; or has ever had an order made in relation to him or her 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 30 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 35 or class of person); or 16 (1) (2) 17 16 (c) (d) (e) (f) (g) (h) (i) (j) Private Security Personnel and Private Investigators Bill Part 2 cl 18 has ever been ordered by a court to be detained in a penal institution; or has ever been convicted of a speciﬁed offence as de­ ﬁned in section 4 of the Criminal Records (Clean Slate) Act 2004; or has ever been disqualiﬁed from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision; or has, within the preceding 7 years, been convicted of any— (i) (ii) (iii) (iv) offence under the Fair Trading Act 1986; or offence of dishonesty; or offence of violence; or drug dealing offence as deﬁned in section 2 of the Proceeds of Crime Act 1991; or 5 10 15 has, within the preceding 7 years, been convicted of any offence under this Act of working while unlicensed or employing a person without a certiﬁcate of approval, or an offence under section 66 of this Act or section 52 of the Private Investigators and Security Guards Act 1974; 20 or holds a licence or certiﬁcate of approval that has been suspended; or has, within the preceding 7 years, had a licence or cer­ tiﬁcate of approval cancelled under this Act or the Pri­ 25 vate Investigators and Security Guards Act 1974; or has not— (i) within the preceding 5 years, had 12 months’ relevant experience as a licensee or responsible employee in the class or classes of private secur­ 30 ity business to which the application relates; or complied with any training or work experience requirements prescribed in regulations made under this Act.
(ii) 18 (1) Grounds of disqualiﬁcation for company The grounds of disqualiﬁcation for a company applicant for a licence are that— (a) the company— 35 17 Part 2 cl 19 Private Security Personnel and Private Investigators Bill (i) (ii) (iii) (iv) 5 (B) (C) has, within the preceding 7 years, been convicted of any— (A) offence under the Fair Trading Act 1986; or offence of dishonesty; or drug dealing offence as deﬁned in section 2(1) of the Proceeds of Crime Act 1991; or has, within the preceding 7 years, been convicted of any offence under this Act of operating while unlicensed or employing a person without a cer­ 10 tiﬁcate of approval, or an offence under section 66 of this Act or section 52 of the Private Inves­ tigators and Security Guards Act 1974; or holds a licence that has been suspended; or has, within the preceding 7 years, had a licence 15 cancelled under this Act or the Private Investiga­ tors and Security Guards Act 1974; or (b) (c) (d) an ofﬁcer of the company was, or is, an ofﬁcer of an­ other company (whether or not that other company is still in existence) that, within the preceding 7 years, had 20 a licence cancelled under this Act or the Private Inves­ tigators and Security Guards Act 1974; or any of the grounds of disqualiﬁcation in paragraphs (a) to (i) of section 17 apply to any ofﬁcer of the company; or every ofﬁcer of the company is disqualiﬁed under sec­ tion 17(j).
25 (2) For the purpose of subsection (1)(c) and (d), section 17 must be read as if the ofﬁcer were the applicant for the licence.
Applying for licence 30 Application for licence: individual applicant 19 (1) An application by an individual for a licence must be made in person at a designated District Court or otherwise in accord­ ance with regulations made under this Act and must— (a) be in the prescribed form, together with 1 additional 35 copy; and be accompanied by 2 identical photographs of the ap­ plicant; and (b) 18 Private Security Personnel and Private Investigators Bill Part 2 cl 20 (2) be accompanied by the prescribed fee.
(c) The application must specify— (a) (b) (c) (d) (e) (f) the full name, residential address, occupation, and date of birth of the applicant; and the full address of every place of business from which 5 the applicant proposes to carry on the business or busi­ nesses to which the application relates; and the proposed registered ofﬁce of the applicant, being one of the places of business speciﬁed in the applica­ tion; and the particular class or classes of private security busi­ ness that the applicant proposes to carry on; and whether or not any of the grounds of disqualiﬁcation in section 17 apply to the applicant; and whether the applicant has ever— (i) 10 15 been convicted outside New Zealand of an of­ fence; or had an order imposed in relation to him or her by any court or tribunal outside New Zealand, instead of passing sentence, that the applicant be 20 treated or cared for in relation to the applicant’s mental impairment; and (ii) (g) any other prescribed information.
(3) An application may also state an address, other than the resi­ dential address of the applicant, at which documents relating 25 to the application may be served on the applicant.
Application for licence: company applicant 20 (1) An application by a company for a licence must be made in person by the chief executive ofﬁcer or secretary of the com­ pany at a designated District Court or otherwise in accordance 30 with regulations made under this Act and must— (a) be in the prescribed form, together with 1 additional copy; and specify the names of the ofﬁcers of the company and be accompanied by a declaration by each of those ofﬁcers 35 as to whether any ground of disqualiﬁcation applies to him or her and, if so, which ground; and be accompanied by the prescribed fee.
(b) (c) 19 Part 2 cl 21 Private Security Personnel and Private Investigators Bill (2) The application must specify— (a) the full name, residential address, occupation, and date of birth of every ofﬁcer of the company; and the full address of every place of business from which the company proposes to carry on the business or busi­ 5 nesses to which the application relates; and the proposed registered ofﬁce of the company, being one of the places of business speciﬁed in the applica­ tion; and the particular class or classes of private security busi­ 10 ness that the company proposes to carry on; and the nature of all other business carried on or proposed to be carried on by the company; and whether or not any grounds of disqualiﬁcation as set out in section 18 apply in respect of the company; and 15 (b) (c) (d) (e) (f) (g) whether the company or any ofﬁcer of the company has ever been convicted outside New Zealand of an offence; and (h) whether any ofﬁcer of the company has ever had an order imposed in relation to him or her by any court or 20 tribunal outside New Zealand, instead of passing sen­ tence, that he or she be treated or cared for in relation to his or her mental impairment; and any other prescribed information.
(i) 21 Licensing Authority may make inquiries and request report 25 (1) On receipt of an application under section 19 or 20, the Li­ censing Authority— (a) may make whatever inquiries it considers necessary in order to determine whether or not the application should 30 be granted; and (b) without limiting paragraph (a), may provide a copy of the application to the chief investigator of the Com­ plaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the application 35 to be prepared by the unit for the Licensing Authority.
For the purpose of preparing a report under subsection (1)(b) the chief investigator of the Complaints, Investigation, and (2) 20 Private Security Personnel and Private Investigators Bill Part 2 cl 24 Prosecution Unit and any person authorised by the chief in­ vestigator may make whatever inquiries he or she considers necessary in order to verify the information contained in the application.
22 (1) (2) (3) (4) 23 (1) (2) (3) 5 Notice of application for licence The Licensing Authority must serve a copy of every applica­ tion for a licence on the police.

Every applicant for a licence must publish a notice of the appli­ cation twice, at intervals of not more than 14 days, in a news­ paper or newspapers approved for the purpose by the Licens­ 10 ing Authority.

The notice must be in the prescribed form (if any).
The application must not be heard before the expiry of 1 month after subsections (1) to (3) have been complied with.

Objections Objections by police to application for licence The police may, within 1 month after a copy of an application for a licence has been served on them under section 22(1), ﬁle with the Licensing Authority a notice of objection to the grant of the application.

The notice must state the grounds of the objection.
The police must serve a copy of the notice of objection on the applicant within 7 days after it is ﬁled with the Licensing Authority.

15 20 Objections by other persons 24 (1) Any person other than a member of the police may, within 1 month after the ﬁrst date of publication of a notice under section 22(2) in respect of an application for a licence, ﬁle with the Authority a notice of objection to the grant of the application.
25 30 (2) No objection may be made under this section except on one of the following grounds: (a) that the applicant is disqualiﬁed on 1 or more grounds in section 17 or 18, as the case may be; or 21 Part 2 cl 25 Private Security Personnel and Private Investigators Bill (3) (4) (5) 25 (1) (2) (b) that there are other reasons relating to the applicant’s character, circumstances, or background why the appli­ cant is unsuitable to carry on the class or classes of pri­ vate security business to which the application relates.
The grounds of objection speciﬁed in subsection (2) may 5 relate either to the application as a whole or to any particular class or classes of private security business that the applicant proposes to carry on.

The notice must state the grounds of the objection.

The objector must serve a copy of the notice of objection on 10 the applicant within 7 days after it is ﬁled with the Authority.
Hearing of application (c) Hearing of application for licence Except as provided in section 26, the Licensing Authority must ﬁx a time and place for the hearing of an application for 15 a licence, and must give not less than 10 working days’ notice of the hearing to— (a) (b) the applicant; and any person who has ﬁled a notice of objection in accord­ ance with section 23 or 24; and if the Licensing Authority received a report on the ap­ plication from the Complaints, Investigation, and Pros­ ecution Unit, the person who wrote the report.
If the Licensing Authority received a report requested under section 21(b) and suspects on the basis of that report that 25 there may be grounds for refusing the application, the Licens­ ing Authority must, not later than 10 working days before the date of the hearing, provide the applicant with a statement of the reasons for this.
20 (3) At the hearing, the applicant, every objector, and any per­ 30 son referred to in subsection (1)(c) is entitled to appear, be heard, call evidence, and to cross­examine, and re­examine witnesses.

The applicant, any objector, and any person referred to in sub­ section (1)(c) may conduct his or her case personally or may 35 be represented by counsel.
(4) 22 (5) 26 (1) (2) 27 28 (1) Private Security Personnel and Private Investigators Bill Part 2 cl 28 The Licensing Authority may from time to time adjourn the hearing to a future time and place ﬁxed by it.
Cases in which hearing may be dispensed with Subject to sections 27 and 28, the Licensing Authority may grant an application for a licence without holding a hearing 5 in accordance with section 25 if no notices of objection to the grant of an application have been ﬁled with the Licensing Authority in accordance with section 23 or 24.
The Licensing Authority may refuse an application without holding a hearing in accordance with section 25 if the Li­ 10 censing Authority is unable to verify information provided in the application.
Decision on application Consideration of application relating to more than 1 class of business If an application relates to more than 1 class of private security business the Licensing Authority— (a) must assess the application in respect of each class of 15 business to which it relates; and (i) (ii) the application in respect of all (b) may, under section 28,— grant classes of business; or grant the application in respect of only 1 or more of those classes of business and refuse it in re­ spect of the other 1 or more of those classes of 25 business to which the application relates; or refuse the application entirely.
those (iii) 20 Decision on application for licence The Licensing Authority may grant an application only if— (a) in the case of an applicant who is an individual, the 30 applicant is of or over the age of 18 years; and in the case of an applicant that is a company, no ofﬁcer of the company is less than 18 years of age; and the requirements of section 19 or 20, as the case may be, are satisﬁed.
35 (b) (c) 23 Part 2 cl 29 Private Security Personnel and Private Investigators Bill Subsection (3) applies if the Licensing Authority is satisﬁed that no grounds of disqualiﬁcation under section 17 or 18, as the case may be, apply to the applicant.
The Licensing Authority must grant the application in respect of a particular class of business to which it relates unless the 5 Licensing Authority is satisﬁed, based on any other evidence adduced at the hearing relating to the character, circumstances, or background of the applicant, that the person is not suitable to carry on that class of business.
Subsection (5) applies if the Licensing Authority is satisﬁed 10 that 1 or more grounds of disqualiﬁcation under section 17 or 18, as the case may be, apply to the applicant.
The Licensing Authority may grant the application in respect of a class of business to which it relates if, and only if, the Licensing Authority is satisﬁed that the person is suitable to 15 carry on that class of business taking into account— (a) the grounds on which the applicant is disqualiﬁed under section 17 or 18, as the case may be, and the way in which that inﬂuences the suitability of the applicant; and any other evidence adduced at the hearing relating to the character, circumstances, or background of the ap­ plicant.
(b) 20 Subsections (3) and (5) are subject to subsection (1).

The Licensing Authority may impose conditions on the carry­ 25 ing on by the licence holder of any business in respect of which the licence is issued.

If the Licensing Authority refuses an application or refuses an application only in respect of 1 or more of the classes of business to which the application relates, it must notify the 30 applicant in writing, and give reasons for the refusal.
Issue, duration, etc, of licence Issue of licence If the Licensing Authority grants an application in whole or in part under section 28, the Licensing Authority must issue a 35 licence in the prescribed form specifying— (2) (3) (4) (5) (6) (7) (8) 29 (1) 24 Private Security Personnel and Private Investigators Bill Part 2 cl 32 (a) (b) (c) (d) the class or, if more than 1, each class of business in respect of which the Authority has granted the applica­ tion; and the registered ofﬁce of the applicant; and the places from which the applicant is authorised to 5 carry on each class of business to which the licence re­ lates; and any other prescribed matter.
(2) A licence issued to an individual must contain a photograph of the licence holder.

10 30 (1) (2) Effect of licence Subject to this Act and to any conditions imposed by the Au­ thority, a licence authorises the licensee to carry on the class or classes of private security business for which the licence is issued, on his or her own account during the currency of the 15 licence.
The licensee may carry on that class or classes of business either by himself or herself or in partnership with any other person or persons who are the holders of licences that include that same authority.

20 (3) A licence does not authorise a licensee to carry on the business to which the licence relates from any place of business that is not speciﬁed in the licence.

Duration of licence 31 (1) Unless cancelled earlier, a licence expires 5 years from its date 25 of issue.
(2) A licence may be renewed under section 37.

(3) Despite subsection (1), if an application for renewal of a li­ cence is made before the expiry of the licence, the licence con­ tinues in force until the application for renewal is determined.
30 32 Licensing Authority to notify Commissioner of Police when licence issued The Licensing Authority must, after issuing a licence, notify the Commissioner of Police in writing of— (a) the full name and residential address of the licensee; and 35 25 Part 2 cl 33 Private Security Personnel and Private Investigators Bill (b) (c) (d) the nature and number of the licence; and the date on which it was issued; and the registered ofﬁce of the licensee and the other places of business speciﬁed in the licence.
Temporary certiﬁcate of approval for applicant for licence (2) Temporary certiﬁcate of approval for applicant for licence 33 (1) An individual who has applied for a licence under section 19 may also request in writing that he or she be issued with a temporary certiﬁcate of approval under section 55.

If an individual makes a request under subsection (1) the individual must state the name of his or her current employer (if any), or employers if more than 1.
If an individual makes a request under subsection (1), sec­ tion 55 applies as if— (a) (3) 5 10 15 the application for a licence is an application under sec­ tion 42; and the application is for a certiﬁcate of approval to be a re­ sponsible employee of a class that corresponds to the class or classes of private security business that the ap­ 20 plicant for the licence proposes to carry on; and the reference in section 55(2)(c) to section 41 is a reference to section 17.
(b) (c) General provisions, amendments, renewals, etc 34 Name under which licensee may carry on business (1) Unless another name has been approved in writing by the Li­ censing Authority, no licensee, other than a company, may carry on the business to which the licence relates under any name that is not— (a) (b) his or her own name; or in the case of a ﬁrm, the name of one of the partners.
25 30 (2) An applicant for a licence, or a licensee, may at any time apply in writing to the Licensing Authority to approve a name under subsection (1).
The Licensing Authority must not approve a name under sub­ 35 section (1) if it considers that the name so nearly resembles (3) 26 Private Security Personnel and Private Investigators Bill Part 2 cl 35 the name of any other person, ﬁrm, or company carrying on a class or classes of private security business as to be likely to deceive, or that the name is that of any other person, ﬁrm, or company— (a) whose licence has been suspended or cancelled under 5 section 70 or 72; or (b) whose application for a licence has at any time been refused under this Act and who has not subsequently obtained a licence.
(4) No licensee that is a company may carry on the business to 10 which the licence relates under any name other than the name by which the company is registered or incorporated.

Every licensee who contravenes subsection (1) or (4) com­ mits an offence against this Act.
Compare: 1974 No 48 s 31 (5) 15 35 (1) Persons not to act as ofﬁcers of licensed company without consent of Licensing Authority In the case of a licensee that is a company, unless with the prior approval of the Licensing Authority, no person who is not an ofﬁcer of the company at the time when the application 20 for the licence is granted may subsequently act as an ofﬁcer of the company.
(3) (2) A licensee may at any time apply in writing to the Licensing Authority for approval of any person under subsection (1).

The Licensing Authority must not give its approval under sub­ 25 section (1) in respect of a person unless the Licensing Au­ thority is satisﬁed that— (a) (b) the ofﬁcer is of or over the age of 18 years; and no ground of disqualiﬁcation under section 17 applies to the ofﬁcer or, if 1 or more grounds do apply, that 30 this does not make the company unsuitable to hold the licence.
(4) (5) Every person who contravenes subsection (1) commits an offence and is liable on summary conviction to a ﬁne not ex­ ceeding $20,000.

Every licensee who, being a company, employs any person or permits any person to act as an ofﬁcer of the company in 35 27 Part 2 cl 36 Private Security Personnel and Private Investigators Bill contravention of subsection (1), commits an offence and is liable on summary conviction to a ﬁne not exceeding $20,000.
Compare: 1974 No 48 s 32 36 (1) (2) (3) Amendment of licence If the Licensing Authority has under section 29 issued a li­ 5 cence that is limited in its effect to any particular class or classes of private security business, the holder of the licence may at any time during the currency of the licence apply to the Licensing Authority to amend the licence by adding any class or classes of private security business.

Sections 17 to 29 and 32 apply with any necessary modiﬁ­ cations.
If the Licensing Authority grants an application to add a new class or classes of private security business to the licence, the Licensing Authority must, on payment of the prescribed fee 15 (if any), issue to the applicant an amended licence specifying the additional class or classes of private security business that the licensee may carry on.

10 37 Renewal of licence (1) A licence may be renewed.
(2) Sections 17 to 29 and 32 apply to an application for re­ newal of a licence as if the application were an application for a licence.

(3) A renewed licence is to be treated for all purposes as a new licence issued under section 29.
38 Annual return updating licence and certiﬁcate of approval information (1) At 12­monthly intervals after the date of issue of a licence, the licensee must send to the Licensing Authority a return advis­ ing— (a) whether there has been any change to the details recorded on the licensee’s licence under section 29(2) (the licensee’s registered ofﬁce and place of business); and 20 25 30 28 Private Security Personnel and Private Investigators Bill Part 2 cl 39 (b) in respect of each of the licensee’s employees (if any) who is a holder of a certiﬁcate of approval, whether there has been any change to the details that were in­ cluded in the application for the employee’s certiﬁcate of approval.
5 (4) (2) The return must be accompanied by the prescribed fee.

(3) On receiving a return under subsection (1), the Licensing Authority must, if there has been a change to the details recorded on the licence issued to the licensee, or on a certiﬁ­ cate of approval issued to an employee of the licensee, issue 10 an amended licence or certiﬁcate of approval, as the case may be.

The amended licence or certiﬁcate of approval is not a new or renewed licence or certiﬁcate of approval.
If an amended licence or certiﬁcate of approval is issued, the 15 licensee or certiﬁcate holder, as the case may be, must, within 7 days of receiving the amended licence or certiﬁcate, return the old licence or certiﬁcate of approval to the Licensing Au­ thority.

If a licensee fails to comply with subsection (1) or (2) the 20 licence issued to the licensee is automatically suspended from the date of the non­compliance until the requirements of sub­ section (1) or (2), as the case may be, are satisﬁed.
(7) A person commits an offence who fails without reasonable (6) (5) excuse to comply with subsection (5).
Subpart 2—Certiﬁcates of approval Who must hold certiﬁcate of approval 39 (1) Persons who must hold certiﬁcate of approval The following individuals must hold a certiﬁcate of approval under this Act: (a) (b) (c) (d) (e) (f) a private investigator employee: a security technician employee: a security consultant employee: a conﬁdential document destruction agent employee: a property guard employee: a personal guard employee: 25 30 35 29 Part 2 cl 40 Private Security Personnel and Private Investigators Bill (g) a crowd controller employee.
(2) A person commits an offence and is liable on summary con­ viction to a ﬁne not exceeding $20,000 who— (a) is employed, engaged as a contractor, acts, or holds him­ self or herself out to any person or to the public as a per­ 5 son of any kind speciﬁed in subsection (1); and does not hold a certiﬁcate of approval authorising him or her as a responsible employee of that kind.

(b) (3) This section is subject to section 56.


40 Offences by licensees, etc, relating to requirements to hold 10 certiﬁcate of approval (1) No person who holds a licence may employ, engage as a con­ tractor, or permit to act as a responsible employee any in­ dividual who does not hold an appropriate certiﬁcate of ap­ proval.
15 (2) No person, not being the holder of a licence, may employ, engage as a contractor, or permit to act as a crowd controller employee any individual who does not hold a certiﬁcate of approval as a crowd controller employee.

(4) (3) A person who contravenes this section commits an offence 20 and is liable on summary conviction to a ﬁne not exceeding $20,000.
It is a defence in any prosecution for an offence against this section if the defendant proves that he or she took all reason­ able steps to ascertain whether the person who was employed, 25 engaged, or permitted to act held a certiﬁcate of approval.

This section is subject to section 56.
(5) Grounds of disqualiﬁcation: certiﬁcates of approval Grounds of disqualiﬁcation The grounds of disqualiﬁcation for an applicant for a certiﬁ­ cate of approval are that the individual— (a) has been ordered by a court to be detained in a hospital due to his or her mental condition and is currently sub­ ject to such an order; or 30 35 41 30 (b) (c) (d) (e) (f) (g) (h) (i) (j) Private Security Personnel and Private Investigators Bill Part 2 cl 41 10 15 has ever had an order made in relation to him or her 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, 5 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); or has ever been ordered by a court to be detained in a penal institution; or has ever been convicted of a speciﬁed offence as de­ ﬁned in section 4 of the Criminal Records (Clean Slate) Act 2004; or has ever been disqualiﬁed from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision; or has, within the preceding 7 years, been convicted of any— (i) (ii) (iii) (iv) offence under the Fair Trading Act 1986; or offence of dishonesty; or offence of violence; or drug dealing offence as speciﬁed in section 2(1) of the Proceeds of Crimes Act 1991; or has, within the preceding 7 years, been convicted of any offence under this Act of working while not holding a relevant certiﬁcate of approval or employing a person not holding a relevant certiﬁcate of approval, or an of­ fence under section 66 of this Act or section 52 of the 30 Private Investigators and Security Guards Act 1974; or holds a certiﬁcate of approval that has been suspended; or has, within the preceding 7 years, had a licence or cer­ tiﬁcate cancelled under this Act or the
 Private Investi­ 35 gators and Security Guards Act 1974; or has not,— (i) within the preceding 5 years, had 12 months’ relevant experience as a licensee or responsible 25 20 31 Part 2 cl 42 Private Security Personnel and Private Investigators Bill (ii) employee in the class or classes of private secur­ ity business to which the application relates; and complied with any training or work experience requirements prescribed in regulations made under this Act.
5 Applying for certiﬁcate of approval Application for certiﬁcate of approval 42 (1) An application for a certiﬁcate of approval must be made in person at a designated District Court or otherwise in accord­ ance with regulations made under this Act and must— (a) be in the prescribed form, together with 1 additional copy; and be accompanied by 2 identical photographs of the ap­ plicant, authenticated in the prescribed manner; and be accompanied by the prescribed fee.
(b) (c) The application must specify— (a) the applicant’s full name, residential address, occupa­ tion, and date of birth; and the particular class or classes of responsible employee in relation to which a certiﬁcate of approval is sought 20 by the applicant; and the name of the applicant’s current employer, or em­ ployers if more than 1; and (d) whether or not any of the grounds of disqualiﬁcation in 10 15 25 (b) (c) (e) section 41 apply to the applicant; and whether the applicant has ever— (i) (ii) been convicted outside New Zealand of an of­ fence; or had an order imposed in relation to him or her by any court or tribunal outside New Zealand, in­ 30 stead of passing sentence, that he or she be treated or cared for in relation to his or her mental im­ pairment; and (f) any other prescribed information.
(2) 32 Private Security Personnel and Private Investigators Bill Part 2 cl 45 43 Licensing Authority may make inquiries and request report (1) On receipt of an application, the Licensing Authority— (a) may make whatever inquiries it considers necessary in order to determine whether or not the application should 5 be granted; and (b) without limiting paragraph (a), may provide a copy of the application to the chief investigator of the Com­ plaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the application 10 to be prepared by the unit for the Licensing Authority.
For the purpose of preparing a report under subsection (1)(b) the chief investigator of the Complaints, Investigation, and Prosecution Unit and any person authorised by the chief in­ vestigator may make whatever inquiries he or she considers 15 necessary in order to verify the information contained in the application.

Notice of application for certiﬁcate of approval The Licensing Authority must serve a copy of every applica­ tion for a certiﬁcate of approval on the police.
The application must not be heard before the expiry of 1 month after subsection (1) has been complied with.
Objections Objections by police to application for certiﬁcate of approval The police may ﬁle with the Licensing Authority a notice of objection to the grant of an application for a certiﬁcate of ap­ proval— (a) within 1 month after a copy of the application has been served on them under this section (where the applicant’s 30 employer, on the same date as the application for the certiﬁcate of approval was made, applied under sec­ tion 19 or 20 for a licence); or 20 25 (2) 44 (1) (2) 45 (1) (b) within 7 days after the copy is served on them (in any other case).
(2) The notice must state the grounds of the objection.

35 33 Part 2 cl 46 Private Security Personnel and Private Investigators Bill The police must serve a copy of the notice of objection on the applicant within 7 days after it is ﬁled with the Licensing Authority.
Hearing of application Hearing of application for certiﬁcate of approval Except as provided in section 47, the Licensing Authority must ﬁx a time and place for the hearing of an application for a certiﬁcate of approval, and must not give less than 10 working days’ notice of the hearing to— the applicant; and (a) if the police have ﬁled a notice of objection, to the po­ (b) lice; and if the Licensing Authority has received a report on the application from the Complaints, Investigation, and Prosecution Unit, the person who wrote the report.
Section 25 applies, with any necessary modiﬁcations, in re­ spect of the hearing in the same way as if it were a hearing on an application for a licence.

(c) 5 10 15 Cases in which hearing may be dispensed with Subject to section 49, the Licensing Authority may grant an 20 application for a certiﬁcate of approval without holding a hear­ ing in accordance with section 46 if no notices of objection to the grant of an application have been ﬁled with the Licens­ ing Authority in accordance with section 45.
The Licensing Authority may refuse an application without 25 holding a hearing in accordance with section 46 if the Li­ censing Authority is unable to verify information provided in the application.
Decision on application Consideration of application relating to more than 1 class 30 of responsible employee If an application relates to more than 1 class of responsible employee, the Licensing Authority— (a) must assess the application in respect of each class of responsible employee to which it relates; and 35 (3) 46 (1) (2) 47 (1) (2) 48 34 Private Security Personnel and Private Investigators Bill Part 2 cl 49 (i) (ii) the application in respect of all (b) may, under section 49,— grant classes of responsible employee; or grant the application in respect of only 1 or more of those classes of responsible employee and 5 refuse it in respect of the other 1 or more of those classes of responsible employee to which the application relates; or refuse the application entirely.
those (iii) 49 (1) (2) (3) (4) (5) 10 15 Decision on application for certiﬁcate of approval The Licensing Authority may grant an application only— (a) in the case of an applicant applying for a certiﬁcate as a responsible employee of a class in section 13(1)(a), (b), (e), (f), or (g), the applicant is of or over the age of 18 years; and the requirements of section 42 are satisﬁed.
(b) Subsection (3) applies if the Licensing Authority is satisﬁed that no grounds of disqualiﬁcation under section 41 apply to the applicant.
The Licensing Authority must grant the application in respect 20 of a particular class of responsible employee to which it relates unless the Licensing Authority is satisﬁed, based on any other evidence adduced at the hearing relating to the character, cir­ cumstances, or background of the applicant, that the person is not suitable to be a responsible employee of that class.
Subsection (5) applies if the Licensing Authority is satisﬁed that 1 or more grounds of disqualiﬁcation under section 41 apply to the applicant.
The Licensing Authority may grant the application in respect of a class of responsible employee to which it relates if, and 30 only if, the Licensing Authority is satisﬁed that the person is suitable to be a responsible employee of that class taking into account— (a) the grounds on which the applicant is disqualiﬁed under section 41 and the way in which that inﬂuences the 35 suitability of the applicant; and 25 35 Part 2 cl 50 Private Security Personnel and Private Investigators Bill (6) (7) (8) (b) any other evidence adduced at the hearing relating to the character, circumstances, or background of the ap­ plicant.
Subsections (3) and (5) are subject to subsection (1).

The Licensing Authority may impose conditions on the per­ 5 formance by the certiﬁcate holder of duties as a responsible employee of any particular class in respect of which the cer­ tiﬁcate is issued.

If the Licensing Authority refuses an application or refuses an application in respect of 1 or more of the classes of responsible 10 employee to which the application relates, it must notify the applicant in writing, and give reasons for the refusal.
Issue, duration, etc, of certiﬁcate of approval 50 (1) Issue of certiﬁcate of approval If the Licensing Authority grants an application in whole or 15 in part under section 49, the Licensing Authority must issue a certiﬁcate of approval in the prescribed form specifying the class or, if more than 1, each class of responsible employee in respect of which the Authority has granted the application.

(2) A certiﬁcate of approval must contain a photograph of the 20 holder of the certiﬁcate.
51 Effect of certiﬁcate of approval Subject to this Act and to any conditions imposed by the Au­ thority, a certiﬁcate of approval authorises the holder to work during the currency of the certiﬁcate— (a) as a responsible employee of any licensee carrying on the business to which the certiﬁcate of approval relates; or in the case of a crowd controller, as a responsible em­ ployee of any person.
(b) 25 30 Duration of certiﬁcate of approval 52 (1) Unless cancelled earlier, a certiﬁcate of approval expires 5 years from its date of issue.

(2) A certiﬁcate of approval may be renewed under section 54.
36 Private Security Personnel and Private Investigators Bill Part 2 cl 55 (3) Despite subsection (1), if an application for renewal of a cer­ tiﬁcate of approval is made before the expiry of the certiﬁcate of approval, the certiﬁcate of approval continues in force until the application for renewal is determined.
53 Licensing Authority to notify Commissioner of Police when certiﬁcate of approval issued The Licensing Authority must, after issuing a certiﬁcate of approval, notify the Commissioner of Police in writing of— (a) the full name and residential address of the holder of the certiﬁcate of approval; and the nature and number of the certiﬁcate of approval; and the date on which it was issued.

(b) (c) 5 10 Renewal of certiﬁcate of approval 54 (1) A certiﬁcate of approval may be renewed.
(2) Sections 41 to 50 and 53 apply to an application for renewal 15 of a certiﬁcate of approval as if the application were an appli­ cation for a certiﬁcate of approval.

(3) A renewed certiﬁcate of approval is to be treated for all pur­ poses as a new certiﬁcate issued under section 50.

Temporary certiﬁcates 20 Temporary certiﬁcates 55 (1) A person who has applied for a certiﬁcate of approval under section 42 may also apply in writing for a temporary certiﬁ­ cate of approval.
The Licensing Authority may issue a temporary certiﬁcate of 25 approval at any time after receiving a correct application for a certiﬁcate of approval under section 42 if,— (a) (2) in the case of an applicant applying for a certiﬁcate as a responsible employee of a class in section 13(1)(a), (b), (c), (f), or (g), the applicant is of or over the age of 30 18 years; and the prescribed fee (if any) is paid; and except as provided for in subsection (3)(b), the appli­ cation does not disclose any ground on which the appli­ cant is disqualiﬁed under section 41; and 35 (b) (c) 37 Part 2 cl 56 Private Security Personnel and Private Investigators Bill (3) (e) (d) there is no reason to believe that the application contains statements that are incorrect; and in the opinion of the Licensing Authority there are no other reasons disclosed by the application why the ap­ plicant may be unsuitable to be a responsible employee 5 of the class or classes to which the application relates.
The Licensing Authority may issue a temporary certiﬁcate of approval under this section even if— (a) the time for the police to ﬁle an objection under section 45 has not expired; or the applicant has not completed the training or work experience requirement prescribed in regulations made under this Act.
(b) 10 (4) A temporary certiﬁcate of approval issued under subsection (2) gives the holder all the rights and duties of a certiﬁcate 15 of approval issued under section 50 to be a responsible em­ ployee of the class or classes to which the application relates.

(5) A temporary certiﬁcate of approval is in force for a period of 3 months after the date of its issue, or until a certiﬁcate of ap­ proval is issued to the applicant under section 50, whichever 20 comes ﬁrst.
Emergency appointments of responsible employees Emergency appointment of responsible employee 56 (1) A person who does not hold an appropriate certiﬁcate of ap­ 25 proval may be employed, engaged on contract, or act, as a re­ sponsible employee if the person who employs or engages the person, or permits the person to act— (a) has, due to employee illness or emergency, insufﬁcient responsible employees who hold a certiﬁcate of ap­ 30 proval to properly carry on his or her business; and is satisﬁed on reasonable grounds that the person has ap­ plied for an appropriate certiﬁcate of approval and that the answers on the application indicate that no ground of disqualiﬁcation under section 41 applies; and is to the best of his or her knowledge satisﬁed that the person is not currently charged with an offence that, if 35 (b) (c) 38 Private Security Personnel and Private Investigators Bill Part 3 cl 57 (d) (e) (f) it resulted in conviction, would be a ground of disquali­ ﬁcation under section 41; and has no reason to believe that any statement in the appli­ cation is incorrect; and notiﬁes the Licensing Authority in the prescribed man­ 5 ner before employing or engaging the person, or permit­ ting the person to act, as a responsible employee; and complies with any requirements prescribed in regula­ tions made under this Act relating to the making of emergency appointments under this section.
10 Except with the prior approval of the Licensing Authority, a person must not in reliance on this section employ or engage a person or permit a person to act as a responsible employee, or continue to do so, if the person— (a) the person has already employed, engaged, or permitted 15 the person to act as a responsible employee in reliance on this section for a continuous period of 2 weeks; or the person has already employed, engaged, or permitted the person to act as a responsible employee in reliance on this section on an occasion more than 2 weeks pre­ 20 viously.
(b) (2) (3) A person who employs or engages a person, or permits a per­ son to act as a responsible employee under subsection (1) must terminate that appointment immediately if he or she is instructed to do so in writing by the Licensing Authority.

The termination of the appointment under subsection (3) takes effect when the written notice by the Licensing Author­ ity is served on the person who made the appointment.
(4) Part 3 Responsibilities of licensees and certiﬁcate holders Production of licence 57 (1) A licensee must produce his or her licence on demand to— (a) (b) (c) the Licensing Authority; or any member of the police; or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit; or 25 30 35 39 Part 3 cl 58 Private Security Personnel and Private Investigators Bill (2) (d) any person with whom the licensee is dealing in the course of transacting or attempting to transact the busi­ ness to which the licence relates.
If the licensee is a company, it is sufﬁcient compliance with the requirements of subsection (1) if the licence is kept in 5 the company’s registered ofﬁce and is made available for in­ spection on demand by any of the persons referred to in that subsection.

(3) A licensee who knowingly contravenes subsection (1) com­ mits an offence and is liable on summary conviction to a ﬁne 10 not exceeding $2,000.
Compare: 1974 No 48 s 45 58 (1) (2) (3) Production of certiﬁcate of approval The holder of a certiﬁcate of approval must produce his or her certiﬁcate of approval on demand to— the Licensing Authority; or (a) any member of the police; or (b) a person authorised by the chief investigator of the (c) Complaints, Investigation, and Prosecution Unit; or any person with whom the certiﬁcate holder is dealing 20 in the course of performing his or her duties as a respon­ sible employee.
(d) 15 The holder of a certiﬁcate of approval must, on demand by any other person speciﬁed in subsection (1), inform that other person of the name and address of the person by whom the 25 holder is employed as a responsible employee.

The holder of a certiﬁcate of approval who knowingly contra­ venes subsection (1) or (2) commits an offence and is liable on summary conviction to a ﬁne not exceeding $2,000.
Compare: 1974 No 48 s 46 30 Requirement to wear licence or certiﬁcate of approval 59 (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 the licence, at all times during the course of carrying on that business.
35 40 Private Security Personnel and Private Investigators Bill Part 3 cl 61 (2) (3) The holder of a certiﬁcate of approval as a responsible em­ ployee of any kind described in paragraphs (b) to (g) of section 13 must wear the certiﬁcate of approval at all times during the course of performing his or her duties as a respon­ sible employee.

The licence or certiﬁcate of approval, as the case may be, must be worn in a position that is readily visible.
5 (4) A licensee or certiﬁcate holder who intentionally contravenes subsections (1) or (2) commits an offence and is liable on summary conviction to a ﬁne not exceeding $2,000.
10 60 Licensee and certiﬁcate holder to keep records A licensee or holder of a certiﬁcate of approval or person who employs 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 15 any requirement to keep records that is prescribed in regula­ tions made under section 106.
61 Access by police and Complaints, Investigation, and Prosecution Unit to records (1) A licensee or certiﬁcate holder or person who employs any 20 crowd controller employee must, when required to do so by a member of the police or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit,— (a) show the member of the police or authorised person 25 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 docu­ ment of a kind referred to in paragraph (a) and give it 30 to the member of the police or authorised person, or if that is impracticable, give the member of the police or authorised person the record or document or speciﬁed part of it.
(2) If a licensee or certiﬁcate holder or person who employs any 35 crowd controller employee gives a member of the police or authorised person a record or document, or a speciﬁed part 41 Part 3 cl 62 Private Security Personnel and Private Investigators Bill of it, under subsection (1)(b), the member of the police or authorised person must— (a) give a receipt for the record or document or speciﬁed part of it; and return it within 2 hours.
(b) (3) A licensee or certiﬁcate holder or person who employs 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).
62 (1) (2) Notice to Licensing Authority of change of employment If a holder of a certiﬁcate of approval leaves the employment of any person by whom the holder was employed as a respon­ sible employee, the holder must within 7 days give written no­ tice to the Licensing Authority of— (a) (b) the name of his or her former employer; and the date on which he or she left the employment of that employer.
If a holder of a certiﬁcate of approval commences employment with any person as a responsible employee, the holder must 20 within 7 days give written notice to the Licensing Authority of— (a) (b) the name and address of his or her new employer; and the date on which he or she commenced employment with that employer.

(3) A holder of a certiﬁcate of approval commits an offence if he or she fails without reasonable excuse to comply with subsec­ tion (1) or (2).
Compare: 1974 No 48 s 47 Updating certiﬁcate information If any details that were included in an application for a certiﬁ­ cate of approval change (for example, the certiﬁcate holder’s address), the holder of the certiﬁcate of approval must advise the Licensing Authority of that change.
63 (1) 42 5 10 15 25 30 Private Security Personnel and Private Investigators Bill Part 3 cl 64 (2) A holder of a certiﬁcate of approval commits an offence if he or she fails without reasonable excuse to comply with subsec­ tion (1).
Private investigator to display notices at ofﬁces 64 (1) A licensee authorised to carry on the business of a private in­ 5 vestigator must at all times exhibit at every place of business speciﬁed in his or her licence, in a place where it can be easily read from outside that place of business, a conspicuous notice stating— (a) (b) his or her full name; and the fact that he or she is the holder of a licence author­ ising him or her to carry on the business of a private investigator; and if the business is not carried on in his or her own name, the name under which he or she carries on the business.
15 (c) 10 (2) A licensee authorised to carry on the business of a private in­ vestigator must cause the information speciﬁed in subsection (1)(a) to (c) to be conspicuously displayed on— (a) all notices, advertisements, and other publications is­ sued by him or her or on his or her behalf, in the course 20 of or in connection with the business of a private inves­ tigator; and 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.
25 (b) (3) A licensee authorised to carry on the business of a private in­ vestigator 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 in­ vestigator, a statement to the effect that he or she has no more 30 authority than that of an ordinary private citizen to require a reply to the letter.

(4) A licensee who knowingly contravenes subsection (1), (2), or (3) commits an offence.
Compare: 1974 No 48 s 48 35 43 Part 3 cl 65 Private Security Personnel and Private Investigators Bill Private investigator to render account to principal 65 (1) A licensee authorised to carry on the business of a private in­ vestigator must render an account as speciﬁed in subsection (2)— (a) within 7 days after being requested to do so by any per­ 5 son for whom the licensee or his or her ﬁrm is acting in the course of the business of a private investigator; or if no request is made, then within 28 days after the li­ censee or the ﬁrm ceases to act for that person.
(b) (2) The account referred to in subsection (1) must be rendered in 10 writing to the person referred to in subsection (1) and must set out full particulars of all money that has been received by the licensee or the ﬁrm for or on behalf of that person, and the application of that money.
(4) (3) A licensee who has rendered an account under subsection 15 (1) in respect of any money expended by that licensee or by that licensee’s ﬁrm in the course of acting for any person may appropriate any money standing in his or her account to the credit of that person in satisfaction of the account rendered.
Except as provided in subsection (3), every licensee must,— 20 within 7 days after being requested to do so by any per­ (a) son for whom the licensee or his or her ﬁrm is acting in the course of the business of a private investigator, pay to that person all money held for that person; or if no request is made, then within 28 days after the li­ 25 censee or the ﬁrm ceases to act for that person pay to that person all money held for that person.
(b) (5) Every licensee who contravenes subsection (1) or (3) com­ mits an offence and is liable on summary conviction to a ﬁne not exceeding $20,000.
Compare: 1974 No 48 s 51 66 Private investigator or employee not to take photographs or make recordings without consent (1) No person may, in the course of or in connection with the busi­ ness of a private investigator,— (a) take or cause to be taken, or use or accept for use, any photograph, cinematographic picture, or videotape 30 35 44 Private Security Personnel and Private Investigators Bill Part 4 cl 67 (b) recording of another person without the prior consent in writing of that other person; or by any mechanical device record or cause to be recorded the voice or speech of another person without the prior consent in writing of that other person.
5 (2) Nothing in subsection (1) applies to the taking or using by any person of any photograph for the purposes of identifying any other person on whom any legal process is to be or has been served.

(3) A person who contravenes subsection (1) commits an of­ 10 fence and is liable on summary conviction to a ﬁne not ex­ ceeding $20,000.
(4) No photograph or cinematographic picture, or videotape recording taken, or other recording made, in contravention of subsection (1) is admissible as evidence in any civil 15 proceedings.

Compare: 1974 No 48 s 52 Part 4 Discipline Complaints 20 Complaint against licensee 67 (1) A member of the police may at any time ﬁle a written com­ plaint with the Licensing Authority against a licensee.
(2) A person other than a member of the police may at any time, (3) with the leave of the Authority, ﬁle a written complaint with 25 the Authority against a licensee.

The Authority must refuse leave under subsection (2) un­ less the Authority is satisﬁed that the complainant has a per­ sonal interest in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vex­ 30 atious.
(4) No complaint may be made under this section except on 1 or more of the following grounds: (a) that there are 1 or more grounds for cancelling the li­ cence under section 73 or 74: 35 45 Part 4 cl 68 Private Security Personnel and Private Investigators Bill (b) (c) that the licensee has contravened any provision of this Act or regulations made under this Act: 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 5 the licence relates.
(5) (6) The complaint must specify the grounds on which it is made.

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

Compare: 1974 No 48 s 53 10 Complaint against certiﬁcate holder 68 (1) A member of the police may at any time ﬁle a written com­ plaint with the Licensing Authority against a certiﬁcate holder.
(2) A person other than a member of the police may at any time, 15 with the leave of the Authority, ﬁle a written complaint with the Authority against a certiﬁcate holder.

The Authority must refuse leave under subsection (2) un­ less the Authority is satisﬁed that the complainant has a per­ sonal interest in the subject matter of the complaint, and that 20 the complaint is made in good faith and is not frivolous or vex­ atious.
(3) (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 sec­ 25 tion 41 now apply to the certiﬁcate holder: that the certiﬁcate holder has contravened any provision of this Act or regulations made under this Act: that the certiﬁcate holder has been guilty of misconduct or gross negligence in the course of being a responsible 30 employee: that a false statement was made in the application for the certiﬁcate of approval.
(b) (c) (d) (5) The complaint must specify the grounds on which it is made.

46 Private Security Personnel and Private Investigators Bill Part 4 cl 70 (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.
Compare: 1974 No 48 s 59 69 Licensing Authority may refer matter to police or to Complaints, Investigation, and Prosecutions Unit 5 (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 10 on the complaint to be prepared by the police for the Licensing Authority; or 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 15 complaint to be prepared for the Licensing Authority.
(b) (2) In any other case where the Licensing Authority suspects on reasonable grounds that there may be any grounds for com­ plaint against a licensee or certiﬁcate holder, the Licensing Authority may— (a) refer the matter to the Commissioner of Police and re­ quest 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 refer the matter to the chief investigator of the Com­ plaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the complaint to be prepared by the unit for the Licensing Authority.
(b) 70 (1) Suspension of licence or certiﬁcate of approval pending determination of complaint The Licensing Authority may suspend a licence or certiﬁcate if a complaint has been ﬁled against the holder of it under section 67 or 68 if the Licensing Authority is satisﬁed that it is necessary or desirable to do so having regard to— (a) the interests of the public; and 47 20 25 30 35 Part 4 cl 70 Private Security Personnel and Private Investigators Bill (b) the possibility of further loss or damage occurring if the Licensing Authority does not make an order under this section.
(2) (3) The Licensing Authority is not obliged to give notice to the licensee or certiﬁcate holder that it intends to make an order 5 of suspension under this section.

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 10 (3), the Licensing Authority must give the licensee or certiﬁ­ cate holder an opportunity to make representations to the Li­ censing Authority for the revocation of the order.
If an order of suspension is made under this section, the order— (a) (5) 15 comes into force when the licensee or certiﬁcate holder is notiﬁed of the order in accordance with subsection (3); and lasts until the complaint is heard and determined by the Licensing Authority in accordance with this Part.
20 (b) (6) During the period that a licence is suspended— (a) (b) the licence has no effect and must not be renewed; and 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 25 suspended licence relates.
(a) (b) (7) During the period that a certiﬁcate of approval is suspended— the certiﬁcate has no effect and must not be renewed; and no new certiﬁcate may be issued authorising the holder 30 to be a responsible employee of any class, or (if more than 1) any 1 or more of the classes of responsible em­ ployee, to which the suspended certiﬁcate relates.
The Licensing Authority may at any time, on its own motion or on the application of the licensee or the certiﬁcate holder, 35 revoke an order of suspension made under this section.
Compare: 1974 No 48 s 55 (8) 48 Private Security Personnel and Private Investigators Bill Part 4 cl 71 Disciplinary hearing 71 (1) Hearing The Licensing Authority— (a) must hold a hearing if a complaint has been ﬁled with the Licensing Authority against a licensee under sec­ 5 tion 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 10 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) (3) (4) The Licensing Authority must ﬁx a time and place for the hear­ 15 ing.

The Licensing Authority must give not less than 10 working days’ notice of the hearing— (a) (b) (c) to the licensee or certiﬁcate holder; and to the complainant (if any); and if the Licensing Authority wishes the police to attend, to the Commissioner of Police; and if the Licensing Authority received a report from the Complaints, Investigation, and Prosecution Unit, the chief investigator of the unit.
(d) 20 If the Licensing Authority is holding a hearing under subsec­ tion (1)(b), the Licensing Authority must, not later than 10 working days before the date of the hearing, provide the li­ censee 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 cross­examine and re­examine witnesses: (a) (b) (c) the complainant (if any); and the licensee or certiﬁcate holder; and the Commissioner of Police or any other member of the police on the Commissioner’s behalf; and 49 25 30 35 Part 4 cl 72 Private Security Personnel and Private Investigators Bill (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 person­ ally or may be represented by counsel.

The Licensing Authority may from time to time adjourn the hearing to a future time and place ﬁxed by it.
5 Powers of Authority—licensees Disciplinary powers of Licensing Authority in respect of licensee If, after a hearing in accordance with section 71, the Licens­ ing Authority is satisﬁed that the grounds for disciplinary ac­ tion 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 para­ graph (b), do all or any of the following things that may be appropriate: (i) 10 15 20 (ii) (iii) (iv) make an order suspending the licence for a period, not exceeding 3 years, that the Licensing Authority speciﬁes in the order: ﬁne the licensee any amount not exceeding $2,000: reprimand the licensee: 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, 30 make an order directing the licensee to terminate the employment of that ofﬁcer within the time the Licensing Authority speciﬁes in the order.
25 If, after the hearing, the Licensing Authority is not satisﬁed that the grounds for disciplinary action have been proved, the 35 Authority must dismiss the matter.

(7) 72 (1) (2) 50 Private Security Personnel and Private Investigators Bill Part 4 cl 73 (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) (b) the licence ceases to have effect and must not be re­ 5 newed; and 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 se­ curity business, to which the suspended licence relates.
10 (6) (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.

The Licensing Authority must as soon as practicable give no­ tice in writing to the licensee, the Commissioner of Police, any 15 complainant, and the chief investigator of the Complaints, In­ vestigation, and Prosecution Unit of the decision made by the Authority under this section, and of any penalty imposed.
If the Licensing Authority makes an order under subsection (1)(e), it must as soon as practicable also give notice in writing 20 of the order to the ofﬁcer to whom it relates.
(7) 73 Mandatory grounds for cancellation of licence (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 25 grounds for disqualiﬁcation under section 17 or 18, 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 the Licensing Authority is satisﬁed that the licence was 30 issued by fraud or mistake.
(b) (2) Subsection (3) applies if— (a) (b) the licensee is a company; and the reason that the Licensing Authority is satisﬁed that the licensee is unsuitable to be a licensee under sub­ 35 section (1)(a) is because an ofﬁcer of the company is disqualifed under section 17.
51 Part 4 cl 74 Private Security Personnel and Private Investigators Bill (3) The Licensing Authority must not cancel the company’s li­ cence 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 5 (c) company, the company applied to the Licensing Author­ ity under section 35(2) for the approval of the ofﬁcer; and either— (i) the Licensing Authority has not yet determined 10 whether or not to approve the ofﬁcer; or the Licensing Authority has advised the com­ pany, in writing, that it refuses to approve the of­ ﬁcer but less than 2 weeks has elapsed since the advice was sent.
15 (ii) Discretionary grounds for cancellation of licence This section applies (and, under section 72, the Authority may cancel the licence) if— (a) (b) (c) (d) (e) (f) a person speciﬁed in subsection (2) has breached a condition of the licence imposed under section 28(7): 20 a person speciﬁed in subsection (2) has been con­ victed of an offence under any of the provisions spe­ ciﬁed in Schedule 1: a person speciﬁed in subsection (2) in the course of carrying on the business to which the licence relates 25 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: a person speciﬁed in subsection (2), having been con­ victed of an offence against this Act is, within 3 years 30 after the date of the conviction, again convicted of an offence against this Act: 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: a person speciﬁed in subsection (2) has— (i) been convicted outside New Zealand of an of­ fence; or 35 74 (1) 52 Private Security Personnel and Private Investigators Bill Part 4 cl 75 (ii) had an order imposed in relation to him or her by any court or tribunal outside New Zealand, in­ stead of passing sentence, that he or she be treated or cared for in relation to his or her mental im­ pairment: 5 (i) (h) (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: in the case of a licensee that is a company, the High 10 Court makes an order for the winding up of the licensee, or the licensee passes a resolution for voluntary winding up: in the case of a licensee that is a company, the licensee fails to comply with an order made under section 15 72(1)(e) in respect of any ofﬁcer of the company: the Licensing Authority determines that a false state­ ment was made in the application for a licence of any person speciﬁed in subsection (2).
The persons referred to in subsection (1) are— (a) (b) the licensee; and in the case of a licensee that is a company, any ofﬁcer of the company.
20 (j) Powers of Authority—holders of certiﬁcates of approval 25 Disciplinary powers of Licensing Authority in respect of holder of certiﬁcate of approval If, after a hearing in accordance with section 71, the Licens­ ing Authority is satisﬁed that the grounds for disciplinary ac­ tion in the complaint or under section 71(1)(b), as the case 30 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: 35 (c) may, in addition to cancellation under paragraph (a), or in addition to or instead of cancellation under para­ 53 (2) 75 (1) Part 4 cl 75 Private Security Personnel and Private Investigators Bill graph (b), do all or any of the following things that may be appropriate: (i) make an order suspending the certiﬁcate of ap­ proval for a period, not exceeding 3 years, that the Licensing Authority speciﬁes in the order: ﬁne the holder of the certiﬁcate of approval any amount not exceeding $2,000: reprimand the holder of the certiﬁcate of ap­ proval.
(ii) (iii) 5 (2) If, after a hearing, the Licensing Authority is not satisﬁed that 10 the grounds for disciplinary action have been proved, the Au­ thority 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 15 (b) made under this section continues in force,— (a) the certiﬁcate of approval ceases to have effect and must not be renewed; and no new licence in respect of the business or (if more than 1) any 1 or more of the businesses to which the 20 certiﬁcate relates or new certiﬁcate of approval of the same type may be issued to the holder.
(6) (5) A ﬁne imposed by the Licensing Authority on the holder of a certiﬁcate of approval under this section is a debt due by the holder to the Crown, and is recoverable in any court of 25 competent jurisdiction.
The Licensing Authority must as soon as practicable give no­ tice in writing of the decision made by the Authority under this section, and of any penalty imposed by the Authority to— the holder of the certiﬁcate of approval; and (a) the person by whom he or she is for the time being (b) employed; and the Commissioner of Police; and the complainant (if any) if the complainant is not a member of the police; and the chief investigator of the Complaints, Investigation, and Prosecution Unit.
(c) (d) (e) 35 30 54 Private Security Personnel and Private Investigators Bill Part 4 cl 77 76 Mandatory grounds for cancellation of certiﬁcate of approval 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 5 grounds of disqualiﬁcation under section 41 now ap­ ply 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 the Licensing Authority is satisﬁed that the certiﬁcate 10 was issued by fraud or mistake.
(b) 77 Discretionary grounds for cancellation of certiﬁcate This section applies (and, under section 75, the Authority may cancel the licence) if— (a) (b) (c) (d) (e) (f) the certiﬁcate holder has breached a condition of the 15 certiﬁcate of approval imposed under section 50(2): the certiﬁcate holder has been convicted of an offence under any of the provisions speciﬁed in Schedule 2: the certiﬁcate holder, in the course of carrying on the business to which the certiﬁcate relates, uses any dog 20 and, in respect of that dog, is convicted of an offence against any of the provisions of the Dog Control Act 1996: the certiﬁcate holder, having been convicted of an of­ fence against this Act is, within 3 years after the date 25 of the conviction, again convicted of an offence against this Act: the certiﬁcate holder has been guilty of misconduct or gross negligence in the course of the business to which the licence relates: the certiﬁcate holder has— (i) been convicted outside New Zealand of an of­ fence; or had an order imposed in relation to him or her by any court or tribunal outside New Zealand, in­ 35 stead of passing sentence, that he or she be treated or cared for in relation to his or her mental im­ pairment: (ii) 30 55 Part 4 cl 78 Private Security Personnel and Private Investigators Bill (g) (h) 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: the Licensing Authority determines that a false state­ ment was made in the application for the certiﬁcate.
5 General provisions 78 Evidence of convictions in proceedings before Licensing Authority For the purposes of any proceedings under this Part, a cer­ tiﬁcate containing the substance of the conviction of any per­ 10 son 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.
Compare: 1974 No 48 s 61 15 79 Cancelled and suspended licences and certiﬁcates of approval must be returned to Licensing Authority (1) A person whose licence or certiﬁcate of approval is cancelled or suspended under this Part must return it to the Licensing 20 Authority within 7 days after being notiﬁed of the cancellation or suspension.

(2) A person commits an offence if he or she fails without reason­ able excuse to comply with subsection (1).
Compare: 1974 No 48 s 62 Penalties for offences not affected 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.
Compare: 1974 No 48 s 63 25 30 80 56 Private Security Personnel and Private Investigators Bill Part 5 cl 84 Part 5 Licensing Authority and Complaints, Investigation, and Prosecution Unit Licensing Authority 81 (1) (2) Private Security Personnel Licensing Authority The Governor­General may, by warrant, on the recommenda­ tion of the responsible Minister, appoint a person to be the Pri­ vate Security Personnel Licensing Authority.
Subject to section 82(2), the ofﬁce of Licensing Authority may be held concurrently with any other ofﬁce.

Compare: 1974 No 48 s 5 Qualiﬁcations of Licensing Authority 82 (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 Licensing Authority.
Compare: 1974 No 48 s 6 5 10 15 83 (1) (2) (3) Term of ofﬁce of Licensing Authority The Licensing Authority— (a) must be appointed for a ﬁxed term as determined by the 20 responsible Minister; and (b) may from time to time be reappointed.

The Licensing Authority may at any time resign from ofﬁce by notice in writing to the responsible Minister.
The Governor­General may, on the recommendation of the re­ 25 sponsible Minister, at any time remove the Licensing Author­ ity for inability to perform the functions of ofﬁce, bankruptcy, neglect of duty, or misconduct, and the person removed is not entitled to compensation.
Compare: 1974 No 48 s 7 30 84 (1) Deputy Private Security Personnel Licensing Authority The Governor­General may, by warrant, on the recommenda­ tion of the responsible Minister, appoint 1 or more Deputy Pri­ 57 Part 5 cl 85 Private Security Personnel and Private Investigators Bill vate 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 rea­ son), to exercise his or her functions of ofﬁce; or the amount of work to be done by the Licensing Author­ ity is more than can reasonably be done by 1 person at that time.
(b) 5 (2) No person who is incapable of holding ofﬁce as Licensing Au­ thority may be appointed to be a Deputy Licensing Authority.

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

(5) (4) A Deputy Licensing Authority has all the powers, duties, and functions of the Licensing Authority, subject to the control of the Licensing Authority.
The Governor­General may, on the recommendation of the Responsible Minister at any time remove a Deputy Licens­ ing Authority for inability to perform the functions of ofﬁce, bankruptcy, neglect of duty, or misconduct, and the person re­ moved is not entitled to compensation.

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.
(6) 15 20 (7) No appointment of a deputy under this section, and no act done by him or her when acting as Licensing Authority, may be 25 questioned in any proceedings on the grounds that the occasion for the appointment had not arisen or had ceased.
Compare: 1974 No 48 s 8 Remuneration, and status under certain Acts The Licensing Authority and any Deputy Licensing Authority 30 must be paid fees and expenses in accordance with the frame­ work 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 statu­ tory body and any Deputy Licensing Authority were a member 35 of that body.
85 (1) 58 Private Security Personnel and Private Investigators Bill Part 5 cl 88 (2) For the purposes of the State Sector Act 1988 and the Govern­ ment 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.
Compare: 1974 No 48 s 9 5 86 (1) (2) Licensing Authority to be a Commission of Inquiry for certain purposes For the purposes of hearing and determining any matter under any of sections 25, 36, 37, 46, 48, 54, 55, 70, 71, 72, and 75, the Licensing Authority has the same powers as are 10 conferred on a Commission of Inquiry by sections 4, 10, and 11 of the Commissions of Inquiry Act 1908 in respect of an inquiry under that Act.
Subject to the other provisions of this Act, the provisions of the Commissions of Inquiry Act 1908 referred to in subsection 15 (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 25, 36, 37, 46, and 54, the Licensing Authority may receive as evi­ dence any statement, document, information, or matter that in his or her opinion may assist him or her to deal with the matter, 20 whether or not it would be otherwise admissible in a court of law.
Compare: 1974 No 48 s 10 87 88 Protection of Licensing Authority and Deputy Licensing Authorities 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 perform­ ing or exercising his or her functions, powers, and duties under this Act.
Compare: 1974 No 48 s 11 25 30 Administrative and secretarial services The chief executive of the responsible department must pro­ vide for the Licensing Authority and any Deputy Licensing Authorities the administrative and secretarial services that 35 may be necessary to enable those persons to exercise their 59 Part 5 cl 89 Private Security Personnel and Private Investigators Bill functions and powers, and perform their duties, under this Act.
Compare: 1974 No 48 s 12 89 (1) Delegations The Licensing Authority may, in writing, delegate to any per­ 5 son— (a) the power under section 26 to grant an application for a licence without holding a hearing: the power under section 33 to issue a temporary li­ cence: the power of the Licensing Authority under section 38: the power under section 47 to grant an application for a certiﬁcate of approval without holding a hearing: the power under section 55 to issue a temporary cer­ tiﬁcate: the functions of the Licensing Authority under section 90 (registers).
10 15 (b) (c) (d) (e) (f) (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 20 power or functions in the same manner and with the same ef­ fect 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 25 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 30 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 re­ voked, even if the Licensing Authority who made it has ceased to hold ofﬁce.
35 60 90 (1) (2) (3) (4) Private Security Personnel and Private Investigators Bill Part 5 cl 90 Registers 5 Registers The Licensing Authority must establish and maintain the fol­ lowing registers: (a) (b) The register of licensees must show in relation to each licence holder— (a) a register of licensees: a register of certiﬁcate holders.
(b) (c) (d) (e) (f) 10 the full name, residential address, and occupation of the licence holder; and the date on which the licence was issued; and the class or classes of private security business in re­ spect of which the licence was issued; and every date on which the licence was renewed; and the registered ofﬁce of the holder, and every other place 15 of business speciﬁed in the licence; and details, including dates, of any suspension or cancella­ tion of the licence; and any other prescribed information.
(b) (c) (d) (e) (g) The register of certiﬁcate holders must show in relation to each 20 certiﬁcate holder,— (a) the full name, residential address, and occupation of the certiﬁcate holder; and the date on which the certiﬁcate of approval was issued; and the class or classes of responsible employee in respect of which the certiﬁcate was issued; and every date on which the certiﬁcate of approval was re­ newed; and details, including dates, of any suspension or cancella­ 30 tion of the certiﬁcate of approval; and any other prescribed information.
25 (f) The Licensing Authority must determine the form of the regis­ ters, and may amend the form from time to time as he or she considers necessary, providing that the content of the registers 35 is as required by subsections (2) and (3).
Compare: 1974 No 48 s 13 61 Part 5 cl 91 Private Security Personnel and Private Investigators Bill 91 (1) Inspection of registers The Licensing Authority must take all reasonable steps to en­ sure— (a) that the information contained in the registers is avail­ able to members of the public to view at all reasonable 5 times; and 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.
(b) (2) Despite subsection (1),— 10 (a) (b) no residential address recorded under section 90(2)(a) or 90(3)(a) may be made available to the public for inspection; and no copy of a register or part of a register provided to a member of the public may contain a residential address 15 recorded under section 90(2)(a) or 90(3)(a).
Statement by Licensing Authority as to contents of register A written statement of either of the following kinds signed by the Licensing Authority is, in any judicial proceedings, suf­ 20 ﬁcient 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 25 of approval at any particular time or during any period speciﬁed in the statement; or a statement as to any entry in a register.
(b) Compare: 1974 No 48 s 15 Complaints, Investigation, and Prosecution Unit 30 Complaints, Investigation, and Prosecution Unit The chief executive of the responsible department must pro­ vide a Complaints, Investigation, and Prosecution Unit con­ sisting of employees of the responsible department.
92 93 (1) 62 (2) (3) 94 (1) Private Security Personnel and Private Investigators Bill Part 6 cl 94 The chief executive of the responsible department must desig­ nate an employee of the responsible department to be the chief investigator of the unit.

The chief investigator of the unit, and persons authorised by the chief investigator, have the functions and powers conferred 5 on them by this Act.
Part 6 General and miscellaneous provisions General provisions 10 (c) (b) Appeals to District Court The following persons have a right of appeal to a District Court against a decision of the Licensing Authority under this Act: if an application is refused (whether in whole or in part), (a) the applicant; and if an applicant is dissatisﬁed with a condition imposed 15 by the Authority under section 28(7) or 49(7), the applicant; and if an application is granted (in whole or in part), a person who objected to the granting of the application; and if a licence is suspended or cancelled, the licensee; and 20 if a certiﬁcate of approval is suspended or cancelled, the person whose certiﬁcate of approval is suspended or cancelled; and if the employment of an ofﬁcer of a company that is a licensee is terminated, the ofﬁcer; and if a licensee or person holding a certiﬁcate of approval is ﬁned, the licensee or person; and if there was a complaint made by a member of the police under Part 4 but the licence or certiﬁcate of approval in relation to which the complaint was made not sus­ 30 pended or cancelled, the Commissioner of Police.
(d) (e) (h) (g) 25 (f) (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.
The appeal must be made by way of originating application in accordance with the District Courts Rules 1992, and must be (3) 35 63 Part 6 cl 95 Private Security Personnel and Private Investigators Bill ﬁled in the ofﬁce of the District Court nearest to the registered ofﬁce of the licensee or to the place of employment of the holder of the certiﬁcate of approval, as the case may require.
(4) On hearing the appeal, the court may— (a) (b) (c) conﬁrm, vary, or reverse the decision appealed against; 5 or in the case of an order suspending a licence or certiﬁcate of approval, vary the period of the suspension; or refer the matter back to the Licensing Authority with directions to him or her to reconsider the whole or any 10 speciﬁed part of the matter.
Subject to any order of the court, every decision of the Licens­ ing Authority against which an appeal is made continues in force and has effect according to its tenor pending the deter­ mination of the appeal.

The decision of the court on the appeal is ﬁnal.

Compare: 1974 No 48 s 64 15 Power of police and Complaints, Investigation, and Prosecution Unit to require information (5) (6) 95 (2) name and address; and date of birth.
(1) Any member of the police or a person authorised by the chief 20 investigator of the Complaints, Investigation, and Prosecution Unit 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 par­ ticulars of his or her— (a) (b) If the member of the police or authorised person has reason­ able grounds to suspect that any particulars provided under subsection (1) are false, he or she may require the person to 30 supply satisfactory evidence of those particulars.
If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any member of the police or authorised person under this sec­ tion, and persists in that refusal or failure after being cautioned 35 by the member of the police or authorised person, that person (3) 25 64 Private Security Personnel and Private Investigators Bill Part 6 cl 98 may be arrested, without warrant, by any member of the po­ lice.
(4) A person commits an offence who, having been required by a member of the police or authorised person to supply par­ ticulars or evidence under this section, without reasonable ex­ 5 cuse,— (a) (b) refuses or fails to supply the particulars or evidence; or knowingly or recklessly supplies any particulars or evi­ dence that are false in a material respect.

(5) A person who commits an offence under this section is liable 10 on summary conviction to a ﬁne not exceeding $20,000.
96 97 98 Providing false information A person commits an offence, and is liable on summary con­ viction to a ﬁne not exceeding $20,000, who— (a) is required by or under this Act to provide information 15 to the Licensing Authority, a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit, or a member of the police; and gives false information knowing that it is false or being reckless as to whether it is false.
20 (b) Liability of ofﬁcers of company for offences If a company commits an offence against this Act, every ofﬁ­ cer 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 25 his or her consent.
General penalty for offences 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 30 on summary conviction to a ﬁne not exceeding $2,000.
65 Part 6 cl 99 Private Security Personnel and Private Investigators Bill 99 (1) Defence to charges involving failure to show or make copy of document, or show or make available any thing It is a defence to a charge under this Act involving a failure, following a request by a member of the police, to show, make a copy of, and give a document, or a failure to show or make 5 available any other thing, to that member if— (a) the member was not in uniform and did not, at the time of making the request, produce evidence that he or she was a member of the police; or the request was made at a time or in a manner that was 10 unreasonable in the circumstances.
(b) (2) This section does not limit any other defences that may be available.

100 Waiver of ground of disqualiﬁcation while licence or 15 (2) (1) certiﬁcate of approval in force This section applies if, while a licence or certiﬁcate of approval is in force, an event occurs that means that 1 or more grounds of disqualiﬁcation apply to the licensee or certiﬁcate holder under section 17, 18, or 41, as the case may be.
The licensee or certiﬁcate holder may apply in writing to the 20 Licensing Authority for a waiver of the disqualiﬁcation.

The application must be accompanied by the prescribed fee, if any.

The Licensing Authority may waive the disqualiﬁcation if the Authority is satisﬁed that the licensee or certiﬁcate holder is, 25 despite the disqualiﬁcation, suitable to be a licensee or cer­ tiﬁcate holder, as the case may be, in relation to the class or classes of business to which the licence or certiﬁcate relates.
(5) A waiver of disqualiﬁcation under this section expires on the (4) (3) expiry of the licence or certiﬁcate of approval in respect of 30 which it was granted.

66 Private Security Personnel and Private Investigators Bill Part 6 cl 102 Miscellaneous provisions 101 Licence or certiﬁcate not to confer additional powers on holder (1) No person, by virtue of being the holder of a licence or cer­ tiﬁcate of approval, has any power or authority that he or she 5 would not have if this Act had not been passed.
(2) No person, being the holder of a licence or certiﬁcate of ap­ proval, may— (a) either orally or in writing claim, suggest, or imply that, by virtue of his or her licence, certiﬁcate of approval, 10 occupation, or business, he or she has any power or authority that he or she does not in law have; or use or attempt to use his or her licence or certiﬁcate of approval for the purpose of exercising, claiming, sug­ gesting, or implying such a power or authority; or 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 15 (b) (c) (d) wear any article of clothing, badge, or other article, that is likely to cause any member of the public to believe 20 that the holder of the licence or certiﬁcate of approval is a member of the police.
(3) Every person who contravenes subsection (2) commits an offence and is liable on summary conviction to a ﬁne not ex­ ceeding $20,000.

Compare: 1974 No 48 s 66 102 Misleading conduct (1) This section applies to the following classes of private security personnel: (a) (b) a property guard, personal guard, crowd controller: a property guard employee, personal guard employee, or crowd controller employee.
25 30 (2) No person who does not hold a licence or certiﬁcate of ap­ proval as a class of person to whom this section applies may, with the intention of misleading any other person to believe 35 that he or she is the holder of a licence or certiﬁcate of ap­ proval,— 67 Part 6 cl 103 Private Security Personnel and Private Investigators Bill (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 5 offence against this Act.
103 Lost licences and certiﬁcates of approval If the Licensing Authority is satisﬁed that a holder of a li­ cence or certiﬁcate of approval has lost his or her licence or certiﬁcate of approval the Licensing Authority may issue to 10 the holder a substitute license or certiﬁcate of approval— on payment of the prescribed fee (if any); and (a) on receipt of 2 identical photographs of the holder that, (b) in the opinion of the Licensing Authority, comply with the requirements (if any) of any regulations made under 15 this Act.
Compare: 1974 No 48 s 67 104 Voluntary surrender of licence or certiﬁcate of approval (1) A holder of a licence or certiﬁcate of approval may at any time surrender his or her licence or certiﬁcate of approval by deliv­ 20 ering it with a notice in writing to that effect to the Licensing Authority.

(3) (2) On receipt of the documents by the Licensing Authority, the licence or certiﬁcate of approval ceases to have effect.
If a holder of a licence or certiﬁcate of approval gives a notice 25 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.
The surrender of a licence or certiﬁcate of approval under sub­ section (1) does not affect the liability of the holder— (a) (4) 30 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 68 Private Security Personnel and Private Investigators Bill Part 6 cl 106 (b) (c) to perform any duty or obligation that he or she was required to perform on or before the date speciﬁed in paragraph (a); or for any act done or default or omission made before the date of surrender.
5 Compare: 1974 No 48 s 68 105 Change of place of business (1) A licensee may at any time apply in writing to the Licensing 10 Authority to amend his or her licence by— (a) (b) changing the registered ofﬁce of the licensee; or specifying any additional place from which the licensee may carry on the business or businesses to which the licence relates; or deleting any place of business speciﬁed in the licence.

(c) Every application must be accompanied by the licence to 15 which it relates.
If the Licensing Authority grants the application, the Author­ ity must endorse the licence accordingly and return it to the licensee, and must also notify the Commissioner of Police in writing of that fact.
Compare: 1974 No 48 s 69 20 (2) (3) 106 Regulations (1) The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) 25 prescribing forms to be used for the purposes of this Act: prescribing the matters for which fees are payable under this Act and the amount of those fees: providing for the exemption from fees, in whole or in 30 part: prescribing the circumstances in which the Licensing Authority may waive or refund a prescribed fee in a particular case: designating all District Courts or any 1 or more Dis­ 35 trict Courts as District Courts where applications may be made under sections 19, 20, and 42: (b) (c) (d) (e) 69 Part 6 cl 106 Private Security Personnel and Private Investigators Bill prescribing information required to be supplied with an application for a licence or certiﬁcate, which may in­ clude information to establish the applicant’s identity or, in the case of a company applicant, the identity of an ofﬁcer of the company: prescribing— (i) courses of training required to be completed by applicants for licences and certiﬁcates of ap­ proval or for renewal of licences and certiﬁcates of approval: the organisation or organisations that may pro­ vide the training courses referred to in subpara­ graph (i) (the training providers): (ii) 5 10 15 providing for the monitoring of the training providers by the Licensing Authority: prescribing the experience or training that is equivalent, or substantially equivalent, to the completion of a train­ ing course prescribed under paragraph (g): prescribing requirements and other matters relating to the making of emergency appointments under section 20 56: requiring records or other documents to be kept by any class or classes of licensees, certiﬁcate holders, or per­ sons other than licensees who employ crowd controller employees under the Act: prescribing codes of conduct for licence holders or cer­ tiﬁcate holders, and providing that a contravention of a code by a holder of a licence or
 certiﬁcate of approval to whom that code applies is misconduct or is evidence of misconduct by that person in the course of the business 30 to which his or her licence or certiﬁcate of approval re­ lates: prescribing offences in respect of the contravention of or non­compliance with any regulations made under this Act, and prescribing the amount of any ﬁne that 35 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: 25 (f) (g) (h) (i) (j) (k) (l) (m) 70 (2) (3) Private Security Personnel and Private Investigators Bill Part 6 cl 107 (n) providing for any other matters contemplated by this Act, necessary for its full administration, or necessary for giving it full effect.
Regulations made under subsection (1)(g) may— (a) prescribe different training requirements in relation 5 to— (i) different classes of private security business or different classes of responsible employees: different types of work within a class of private security business or class of responsible employ­ 10 ees: (ii) (b) exempt certain persons from all or part of the prescribed training requirements.
Regulations made under subsection (1)(l) may— (a) prescribe separate requirements or separate codes of 15 conduct in relation to different classes of private secur­ ity business or different classes of responsible employ­ ees: prescribe a code of conduct for 1 or more classes of pri­ vate security business or different classes of responsible 20 employees and not for others.
(b) 107 Service of documents (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) (b) by delivering it to the applicant personally; or by leaving it or sending it by post addressed to the appli­ cant at his or her residential address or registered ofﬁce speciﬁed in his or her application; or by leaving it at any address for service speciﬁed in his 30 or her application.
(c) 25 (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 35 to him or her— (a) at his or her usual or last known place of residence in New Zealand; or 71 Part 6 cl 108 Private Security Personnel and Private Investigators Bill (c) (b) in the case of a licensee, at his or her registered ofﬁce or at any other place of business speciﬁed in his or her licence; or in the case of a holder of a certiﬁcate of approval, at the place of business at which he or she is employed.
In the absence of proof to the contrary, a notice or other docu­ ment 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.

In proving service of the notice, it is sufﬁcient to prove that it was properly addressed and posted.
5 10 (3) (4) (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 15 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.
Compare: 1974 No 48 s 72 108 Photographs If under this Act any photograph is to be submitted to the Li­ censing Authority, the Licensing Authority may require that the photograph comply with the requirements of any regula­ tions made under this Act.

Compare: 1974 No 48 s 72B 109 Civil remedies not affected 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.
Compare: 1974 No 48 s 73 20 25 30 Repeals and amendments 110 Repeals The Private Investigators and Security Guards Act 1974 is re­ pealed.

72 Private Security Personnel and Private Investigators Bill Part 6 cl 113 111 Amendments to other enactments (1) The Acts listed in Schedule 2 are amended in the manner indicated in that schedule.

The regulations listed in Schedule 3 are amended in the man­ ner indicated in that schedule.
5 (2) Transitional provisions 112 Existing licences (1) A person who, immediately before the commencement of this section, held a licence as a security guard under the Private Investigators and Security Guards Act 1974 is deemed to hold 10 a licence under this Act as— (a) (b) (c) (d) (e) (f) a security guard; and a private security prisoner guard; and a bodyguard; and a security technician; and a security consultant; and a crowd controller.
15 (2) A person who, immediately before the commencement of this section, held a licence under the Private Investigators and Se­ curity Guards Act 1974 is deemed to hold a licence under this 20 Act as a private investigator.

(3) A licence deemed by subsection (1) or (2) to be held under this Act expires on 31 March 2011.

(4) Nothing in section 38 applies to a licence deemed by sub­ section (1) or (2) to be held under this Act.
113 Existing certiﬁcates of approval (1) A person who, immediately before the commencement of this section, held a certiﬁcate of approval as a responsible em­ ployee in relation to a security guard is deemed to hold a cer­ tiﬁcate of approval under this Act— (a) (b) (c) (d) (e) a property guard employee; and a personal guard employee; and a security technician employee; and a security consultant employee; and a crowd controller employee.
25 30 35 73 Part 6 cl 114 Private Security Personnel and Private Investigators Bill (2) A person who, immediately before the commencement of this section, held a certiﬁcate of approval as a responsible em­ ployee in relation to a private investigator is deemed to hold a certiﬁcate of approval under this Act as a private investigator employee.

5 (3) A certiﬁcate deemed by subsection (1) or (2) to be held under this Act expires on 31 March 2011.
114 Applications in progress (1) This section applies to any application for a licence or cer­ tiﬁcate of approval made under the Private Investigators and 10 Security Guards Act 1974 that, immediately before the com­ mencement of this section, was not yet determined.

The Private Investigators and Security Guards Act 1974 con­ tinues to apply to the application as if it had not been repealed.
If an application to which this section applies is granted, sec­ 15 tion 112 or 113 applies to the licence or certiﬁcate of ap­ proval as if the licence or certiﬁcate had been in force imme­ diately before the commencement of this Act.

115 Disciplinary proceedings in progress (1) This section applies to any complaint made against a licensee 20 or certiﬁcate holder under section 53 of the Private Investiga­ tors Act 1974 that, immediately before the commencement of this section, was not yet determined.
The Private Investigators and Security Guards Act 1974 con­ tinues to apply in respect of the complaint as if it had not been 25 repealed.

116 Provisions relating to Registrar (1) The Registrar under the Private Investigators and Security Guard Act 1974 remains in ofﬁce for so long as is required to determine the proceedings referred to in sections 114 and 30 115.
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 Guard Act 1974 by this Act, the powers conferred on the Registrar by that Act.
35 (2) (3) (2) (2) 74 Private Security Personnel and Private Investigators Bill Part 6 cl 116 (3) To avoid doubt, nothing in this Act entitles the Registrar to any compensation in respect of the repeal of the Private Investiga­ tors 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.
5 75 Schedule 1 Private Security Personnel and Private Investigators Bill Schedule 1 Discretionary grounds for cancellation of licence or certiﬁcate ss 74, 77 Any of sections 68, 79, 101, or 102 of this Act.

5 Any provision of the Arms Act 1983.

Section 29 or 30 of the Summary Offences Act 1981.

Sections 3, 4, or 9 of the Trespass Act 1980.
1 2 3 4 76 Private Security Personnel and Private Investigators Bill Schedule 2 Amendments to Acts Schedule 2 s 111(1) Dog Control Act 1996 (1996 No 13) Section 2: repeal paragraph (b)(v) of the deﬁnition of working dog 5 and substitute: “(v) owned by a property guard as deﬁned in sec­ tion 9 of the Private Security Personnel and Pri­ vate Investigators Act 2008 or a property guard employee as deﬁned in section 13(1)(e) of that 10 Act, and kept solely or principally for the purpose of doing the things speciﬁed in paragraphs (a) to (c) of section 9 of that Act; or”.
Financial Transactions Reporting Act 1996 (1996 No 9) Section 3(2): omit “security guard within the meaning of section 15 4 of the Private Investigators and Security Guards Act 1974” and substitute “property guard within the meaning of section 9 of the Private Security Personnel and Private Investigators Act 2008”.

Ombudsmen Act 1975 (1975 No 9) Part 2 of Schedule 1: insert the following item in its appropriate al­ 20 phabetical order: “Private Security Personnel Licensing Authority”.
Police Act 1958 (1958 No 109) Section 6(5): Add the following paragraph: “(f) section 15 of the Private Security Personnel and Pri­ vate Investigators Act 2008”.
25 Privacy Act 1993 (1993 No 28) Schedule 2: insert in the appropriate alphabetical order the following item: Private Security Personnel and Private Investigators Act 2008 Section 90 77 Schedule 2 Private Security Personnel and Private Investigators Bill Resource Management Act 1991 (1991 No 69) Section 38(2): Repeal paragraph (a) and substitute: “(a) the holder of a licence as a property guard issued under section 29 of the Private Security Personnel and Pri­ vate Investigators Act 2008; or”.
5 78 Private Security Personnel and Private Investigators Bill Schedule 3 Amendments to regulations Schedule 3 s 109(2) Domestic Violence (Public Registers) Regulations 1998 (SR 1998/342) Schedule 1: Insert in the appropriate alphabetical order the following item: 5 Private Security Personnel and Private Investigators Act 2008 Section 90 Land Transport (Driver Licensing) Rule 1999 (SR 1999/100) Rule 26(2)(f)(iii): omit “security guard” and substitute “personal guard”.
Rule 26(3): Revoke the deﬁnition of security guard and substitute: “personal guard has the meaning given to it in section 10 of the Private Security Personnel and Private Investigators Act 2008”.

Land Transport (Road User) Rule 2004 (SR 2004/427) Rule 7.4(4)(c): omit “security guard’s licence issued under the Pri­ vate Investigators and Security Guards Act 1974” and substitute “li­ cence as a property guard under the Private Security Personnel and Private Investigators Act 2008”.
12 10 15 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008 79