Private Investigators and Security Guards Act 1974

1: Short Title and commencement
1: This Act may be cited as the Private Investigators and Security Guards Act 1974.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for the purpose of different provisions of this Act.
2: Interpretation
1: In this Act, unless the context otherwise requires,— certificate of approval section 40 Company credit bureau crime involving dishonesty
a: any crime described in sections 108 to 117
b: any crime described in sections 217 to 266 debt-collecting agency licence licensed premises section 2 of the Sale of Liquor Act 1962 officer on in private investigator's licence section 26 public record
a: any record, register, file or document—
i: that any member of the public is entitled by virtue of any enactment to inspect or peruse, whether on payment of a fee or otherwise; or
ii: of or from which any member of the public is entitled by virtue of any enactment to obtain a copy or extract, whether on payment of a fee or otherwise; or
b: any newspaper within the meaning of section 2 Films, Videos, and Publications Classification Act 1993 public servant section 2 of the Electoral Act 1956 Register section 13 Registrar section 5 section 8 responsible employee
a: in relation to a private investigator, a person who in the course of his employment by the private investigator seeks or obtains for any person or supplies to any person any information specified in subsection (2) of section 3
b: in relation to a security guard, a person who in the course of his employment by the security guard does anything specified in subsection (1) of section 4 security guard's licence section 26 to which the licence relates specified offence
a: any of sections 104 105B 158 to 181 188 to 204 216B to 216D
b: any of sections 3 5 5A 6 9 10 14 15 18 19 20 21
2: For the purposes of this Act, a person who acts as an officer of a company that is the holder of a licence shall be deemed to be employed by the company. Bank: this definition was omitted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Chartered accountant in public practice: this definition was omitted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 repealed 1 October 1996 section 23 Institute of Chartered Accountants of New Zealand Act 1996 Crime involving dishonesty: paragraph (b) of this definition was amended 1 October 2003 section 34 Crimes Amendment Act 2003 by substituting the words sections 217 to 266 sections 217 to 292 Public record: paragraph (b) amended 27 April 1995 section 4(2) Newspapers and Printers Act Repeal Act 1995 by substituting the words Films, Videos, and Publications Classification Act 1993 Newspapers and Printers Act 1955 Security guard's licence: this definition was amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the words to which the licence relates Specified offence: this definition was inserted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
3: Meaning of private investigator
1: In this Act, private investigator
a: at the request of any person as a client of the business and not as a member of the public or of any section of the public; and
b: for valuable consideration— he seeks or obtains for any person or supplies to any person any information described in subsection (2).
2: For the purposes of this section, information
a: the personal character, actions, or behaviour of any person; or
b: the financial position of any person; or
c: the occupation or business of any person; or
d: the identity or whereabouts of any person— but does not include information that is contained in a public record.
3: For the purposes of this section but without limiting the meaning of the term carries on any business
4: Notwithstanding anything in subsection (1), no person is a private investigator within the meaning of this Act by reason of the fact that—
a: he seeks, obtains, or supplies any information—
i: for or to the Crown, or any member of the Police, or any local authority; or
ii: only as a necessary, usual, or reasonable incident of any other activity by him that is not described in that subsection; or
iii: for any purpose relating to the dissemination of news or other information to the public or to any section of the public; or
iv: for any cultural or historical purpose or for any purpose relating to education, literature, or science; or
v: in the course of and for the purposes of engaging in or carrying on any occupation or business in accordance with a practising certificate, licence, permit, or other authority, granted or issued to him under any other enactment; or
vi: relating only to the person by whom he is engaged or retained; or
vii: in the course of and for the purposes of the business of a bank, or of a credit bureau, or of a debt collecting agency; or
b: be carries on any class of the business of a security guard.
5: Notwithstanding anything in subsection (1), the Governor-General may from time to time, by Order in Council, declare that a person is not a private investigator by reason only of the fact that he carries on any occupation or business described in the Order. Subsection (4) substituted 1 April 1979 Private Investigators and Security Guards Amendment Act 1978
4: Meaning of security guard
1: In this Act, security guard
a: guards, elsewhere than on premises owned or occupied by himself or his firm or any of his partners, any real or personal property belonging to another person; or
b: installs on, repairs on, or removes from any part of any premises that are not owned or occupied by himself or his firm or any of his partners—
i: any burglar alarm or similar warning device; or
ii: any locking device for a safe or a strongroom; or
c: installs on, operates on, causes to be operated on, repairs on, or removes from any part of any premises that are not owned or occupied by himself or his firm or any of his partners, for the purpose of detecting the commission of an offence by any person on those premises, any camera or similar device; or
d: enters any premises that are not owned or occupied by himself for the purpose—
i: of selling or attempting to sell any device of the kind referred to in subparagraphs (i) or (ii) of paragraph (b), or paragraph (c); or
ii: of advising the owner or occupier of the premises on the desirability of having installed on the premises any or any further such device; or
iii: 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 ; or
e: monitors any burglar alarm or similar warning device, or camera or similar device, that is on any premises that are not owned or occupied by himself or his firm or any of his partners.
2: For the purposes of this section but without limiting the meaning of the term carries on any business
3: Notwithstanding anything in subsection (1), no person is a security guard within the meaning of this Act by reason
a: he is engaged by the licensee or manager of any licensed premises to assist in maintaining order on those premises; or
b: he engages in or carries on any occupation or business in accordance with a practising certificate, licence, permit, or other authority, granted or issued to him under any other enactment.
4: Notwithstanding anything in subsection (1), the Governor-General may from time to time, by Order in Council, declare that a person is not a security guard by reason only of the fact that he carries on any occupation or business described in the Order. Subsection (1) amended 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 by omitting the words in return Subsection (1)(d) amended 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 by inserting the expression ; or Subsection (1)(e) inserted 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 Subsection (3) amended 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 by omitting the word only
1: Administration of Act
5: Registrar of Private Investigators and Security Guards
1: The Minister of Justice shall from time to time, by notice in the Gazette
2: Subject to subsection (2) of section 6
6: Qualifications of Registrar
1: No person shall be capable of holding office as Registrar unless he is a barrister or solicitor of the High Court
2: No public servant shall be capable of holding office as Registrar.
7: Term of office of Registrar
1: Subject to this section, the Registrar shall hold office for a term of 3 years from the date of his appointment, but may from time to time be reappointed.
2: The Registrar may at any time resign his office by delivering a notice in writing to that effect to the Minister of Justice.
3: The Minister of Justice may at any time remove the Registrar from office for inability or misbehaviour.
8: Deputy
1: Where the Minister of Justice is satisfied that the Registrar is unable, because of illness or absence or for any other reason, to exercise the functions of his office, the Minister may by notice in the Gazette
2: No person who is incapable of holding office as Registrar shall be capable of being appointed to be the deputy of the Registrar.
3: During the incapacity of the Registrar, the person who is for the time being his deputy may exercise the functions and powers and shall perform the duties of Registrar under this Act.
4: No appointment of a deputy under this section, and no act done by him when acting as Registrar, shall in any proceedings be questioned on the grounds that the occasion for the appointment had not arisen or had ceased.
9: Remuneration of Registrar
1: The office of Registrar is declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951
2: There shall be paid to the Registrar, out of money appropriated by Parliament for the purpose, remuneration for his services by way of fees, salary, or allowances, in accordance with the Fees and Travelling Allowances Act 1951
3: There shall also be paid to the Registrar, out of money appropriated by Parliament for the purpose, travelling allowances and travelling expenses, in accordance with the Fees and Travelling Allowances Act 1951
4: The Fees and Travelling Allowances Act 1951
10: Registrar to be a Commission of Inquiry for certain purposes
1: For the purposes of hearing and determining any matter under any of sections 25 26 27 , 32A 33 39 40 44 56 57 59 sections 4 10 11 sections 5 6 7 9 12 14
2: At the hearing of any matter under any of sections 25 , 32A 33 39 44 Subsection (1) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the expression , 32A Subsection (2) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the expression , 32A
11: Protection of Registrar
The Registrar shall not be personally liable for any act done or omission made by him while acting in good faith in pursuance or intended pursuance of his functions, powers, and duties under this Act.
12: Administrative and secretarial services
The chief executive of the Department for Courts Section 12 amended 1 July 1995 Department of Justice (Restructuring) Act 1995 by substituting the words chief executive of the Department for Courts Secretary for Justice
13: Registers
1: The Registrar shall compile and keep in his office—
a: a register of all persons to whom private investigators' licences have been issued; and
b: a register of all persons to whom certificates of approval to be responsible employees of private investigators have been issued; and
c: a register of all persons to whom security guards' licences have been issued; and
d: a register of all persons to whom certificates of approval to be responsible employees of security guards have been issued.
2: Every register shall show—
a: the full name, residential address, and occupation of every holder of a licence or certificate of approval; and
b: the date on which the licence or certificate of approval is issued; and
c: every date on which the licence or certificate of approval is renewed; and
d: in the case of a licence, the registered office of the holder, and every other place of business specified in the licence; and
e: details, including dates, of any suspension or cancellation of the licence or certificate of approval; and
f: such other matters as may be prescribed.
14: Inspection of registers
1: Any person may inspect a register at the offices of the Registrar during normal working hours, on payment of the prescribed fee (if any).
2: Any person may, on payment of the prescribed fee (if any), require the Registrar to provide a copy of a register, or any part of a register. Subsection (2) inserted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
15: Statement by Registrar as to contents of register
A statement in writing under the hand of the Registrar—
a: to the effect that any specified person is or is not the holder of a licence or certificate of approval, or was or was not the holder of a licence or certificate of approval at any particular time or during any period specified in the statement; or
b: as to any entry in a register— shall in any judicial proceedings be sufficient evidence, until the contrary is proved, of the matters referred to in the statement.
2: Licensing of private investigators and security guards
16: Private investigators and security guards to be licensed
1: No person shall be a private investigator unless he is the holder of a private investigator's licence.
2: No person shall be a security guard unless he is the holder of a security guard's licence for every class of the business of a security guard that he carries on.
3: Every person who contravenes subsection (1) or subsection (2) commits an offence against this Act. Subsection (2) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (3) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
17: Presumption against granting application in certain cases
1: In any case where the applicant for a licence (or, if the applicant for a licence is a company, in any case where any officer of the company)—
a: is under the age of 20 years; or
b: has not had, in the period of 3 years immediately preceding the date of the application, at least 12 months' experience as a licensee or responsible employee in the type of business to which the application relates; or
c: has previously held a private investigator's or security guard's licence, or a certificate of approval to be a responsible employee of a private investigator or security guard, that has been cancelled in accordance with this Act at any time within the period of 5 years immediately preceding the date of the application,— the Registrar shall not grant the application unless, having regard to all the circumstances of the case, the Registrar is satisfied that there are special factors that would justify the granting of the application.
2: In any case where the applicant for a licence (or, if the applicant for a licence is a company, in any case where any officer of the company)—
a: has been convicted, at any time within the period of 5 years immediately preceding the date of the application, of any crime involving dishonesty or of any specified offence; or
b: has been detained, at any time within the period of 5 years immediately preceding the date of the application, in a prison the Registrar shall not grant the application unless, having regard to the nature and circumstances of the offence, the Registrar is satisfied that the application should be granted. Section 17 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (2)(b) amended 1 June 2005 section 206 Corrections Act 2004 by substituting the word prison penal institution See clause 2
18: Application for licence
1: A person who wishes to obtain a licence shall apply in writing, in the prescribed form (if any), and with one additional copy
2: The application shall state the following information:
a: the full name, residential address, occupation, and date of birth of the applicant:
b: in the case of a company, the full name, residential address, occupation, and date of birth of every officer of the company, and the nature of all other business carried on or proposed to be carried on by the applicant:
c: the full address of every place of business from which the applicant proposes to carry on the business to which the application relates:
d: the proposed registered office of the applicant, being one of the places of business specified in the application:
e: such other matters as may be prescribed.
2A: In the case of an application for a security guard's licence, it shall also state—
a: that the applicant proposes to carry on all of the classes of the business of a security guard specified in section 4
b: where he does not intend to carry on all of those classes of business, the particular classes that he does propose to carry on.
3: The application may also state an address, other than the residential address of the applicant, at which documents relating to the application may be served on him.
4: The application shall be accompanied by the prescribed fee (if any), and (except where the applicant is a company) by 2 identical photographs of the applicant Subsection (1) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the words and with one additional copy Subsection (2A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (4) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by omitting the words that, in the opinion of the Registrar, comply with the requirements (if any) of any regulations made in that behalf under this Act
19: Approved bond by private investigator
Subsection (5) amended 1 July 1989 section 86(1) Public Finance Act 1989 by substituting the words a Trust Bank Account established under section 67 of the Public Finance Act 1989 the Public Account to the credit of the Trust Account Section 19 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
20: Effect of bond on renewal of licence
Section 20 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
21: Notice of application for license
1: The Registrar shall cause a copy of every application for a licence to be served on the Police.
2: Every applicant for a licence shall cause a notice, in the prescribed form (if any), of his application to be published twice, at intervals of not more than 14 days, in a newspaper or newspapers approved for the purpose by the Registrar.
3: The application shall not be heard before the expiry of 1 month after subsections (1) and (2) have been complied with. Section 21 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
22: Objections by Police to application for licence
1: The Police may, within 1 month after a copy of an application for a licence has been served on them under subsection (1) of section 21
2: The notice shall state the grounds of the objection.
3: The Police shall cause a copy of the notice of objection to be served on the applicant within 7 days after it is filed with the Registrar.
23: Objections by other persons
1: Any person other than a member of the Police may, within 1 month after the first date of publication of a notice under subsection (2) of section 21
2: No objection may be made under this section except on 1 or more of the following grounds:
a: where the applicant is a person other than a company, that the applicant is not, by reason of his personal character, fitness, or financial position, a proper person to be the holder of the licence:
b: where the applicant is a company, that it is not, by reason of its financial position or of the nature of any other business carried on or to be carried on by it, a proper person to be the holder of the licence:
c: where the applicant is a company, that any officer of the company is not, by reason of his personal character or fitness, a proper person to be employed by the company in the course of the business to which the application relates.
2A: In the case of an application for a security guard's licence, the grounds of objection specified in subsection (2) may relate either to the application as a whole or to any particular class or classes of the business of a security guard that the applicant proposes to carry on.
3: The notice shall state the grounds of the objection.
4: The objector shall cause a copy of the notice of objection to be served on the applicant within 7 days after it is filed with the Registrar. Subsection (2A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
24: Cases in which hearing may be dispensed with
Subject to subsection (1) of section 26 section 25 sections 22 23
25: Hearing of application for licence
1: Except as provided in section 24
a: the applicant; and
b: every person who has filed a notice of objection to the grant of the application in accordance with section 22 section 23
2: At the hearing, the applicant and every objector shall be entitled to appear and to be heard, and to call evidence, and to cross-examine, and re-examine witnesses.
3: The applicant or any objector may conduct his case personally or may be represented by counsel.
4: The Registrar may from time to time adjourn the hearing to a future time and place fixed by him.
26: Issue of licence
1: Where the Registrar is satisfied in respect of an application for a licence that the provisions of this Act have been complied with and that the applicant is a proper person to be the holder of the licence, he shall grant the application, but otherwise he shall refuse to grant the application.
1A: In the case of an application for a security guard's licence, the Registrar may grant a licence under subsection (1) either—
a: for all of the classes of the business of a security guard specified in section 4
b: for any particular class or classes of that business that he specifies in the licence.
2: The Registrar shall notify the applicant in writing of his decision.
3: Where the Registrar grants an application for a licence, he shall specify in the licence a place of business to be the registered office of the applicant, and may also specify in the licence any other places from which the applicant may carry on the business to which the licence relates.
4: Where the Registrar grants an application for a licence he shall, on payment of the prescribed fee (if any), issue to the applicant a licence in the appropriate form in Schedule 2 Subsection (1A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
27: Registrar to require evidence as to suitability of applicant
1: The Registrar shall not determine under subsection (1) of section 26
2: The Registrar shall not determine under subsection (1) of section 26
a: the financial position of the company; and
b: the personal character and fitness of every officer of the company; and
c: the nature of all business that the company carries on or proposes to carry on (other than the business to which the application relates)— are such that, having regard to the interests of the public, the company is a proper person to be the holder of the licence.
2A: The Registrar shall not determine under subsection (1) of section 26 section 4
3: Nothing in this section shall limit the discretion of the Registrar to refuse to grant an application for a licence if he is not satisfied that the applicant is a proper person to be the holder of the licence. Subsection (2A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
28: Effect of licence
1: A private investigator's licence shall authorise the licensee to carry on the business of a private investigator on his own account during the currency of the licence, either by himself or in partnership with any other person or persons who are the holders of private investigators' licences.
2: A security guard's licence, according to its tenor, shall authorise the licensee either—
a: to carry on all of the classes of the business of a security guard specified in section 4
b: to carry on the particular class or classes of that business that are specified in the licence— on his own account during the currency of the licence, either by himself or in partnership with any other person or persons who are the holders of security guards' licences that include that same authority.
3: Notwithstanding subsections (1) and (2), a licence shall 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. Subsection (2) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
29: Duration of licence
Every licence shall, unless it has been terminated in accordance with this Act, continue in force for a period ending with the 31st day of March next following the date on which it is issued, but may from time to time be renewed in accordance with this Act.
30: Registrar to notify Commissioner of Police when licence issued
The Registrar shall, after issuing a licence, notify the Commissioner of Police in writing of—
a: the full name and residential address of the licensee; and
b: the nature and number of the licence; and
c: the date on which it was issued; and
d: the registered office of the licensee and the other places of business specified in the licence.
31: Name under which licensee may carry on business
1: No licensee, other than a company, shall carry on the business to which the licence relates under any name that is not—
a: his own name; or
b: in the case of a firm, the name of one of the partners— unless the name has been approved in writing by the Registrar.
2: An applicant for a licence or a licensee may at any time apply in writing to the Registrar to approve a name under subsection (1).
3: The Registrar shall not approve a name under subsection (1) if he considers that the name so nearly resembles the name of any other person, firm, or company carrying on business as a private investigator or as a security guard (as the case may require) as to be likely to deceive, or that the name is that of any person, firm, or company—
a: whose licence has been suspended or cancelled under section 55 section 57 section 60
b: whose application for a licence has at any time been refused under this Act and who has not subsequently obtained such a licence.
4: No licensee that is a company shall carry on the business to which the licence relates under any name other than the name by which the company is registered or incorporated.
5: Every licensee who contravenes subsection (1) or subsection (4) commits an offence against this Act.
32: Persons not to act as officers of licensed company without consent of Registrar
1: In the case of a licensee that is a company—
a: no person who is not a director of the company at the time when the application for the licence is granted shall subsequently act as a director of the company; and
b: no person who is not an officer of the company at the time when the application is granted shall subsequently act as an officer of the company— without the prior written approval of the Registrar.
2: A licensee may at any time apply in writing to the Registrar for approval of any person under subsection (1).
3: The Registrar shall not give his approval under subsection (1) in respect of a person unless the Registrar is satisfied that taking into account the requirements of section 27
4: The provisions of section 17
5: Every person who contravenes subsection (1) commits an offence against this Act
6: Every licensee who, being a company, employs any person or permits any person to act as a director or other officer of the company in contravention of subsection (1), commits an offence against this Act
7: Subsection (4) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by omitting the words subsection (4) of Subsections (5) (6) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by inserting the words against this Act Subsection (7) repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
32A: Amendment of security guard's licence
1: Where the Registrar has under section 26 section 4
2: On an application for the amendment of a security guard's licence, the Registrar may require the applicant (except where it is a company) to submit to him 2 additional identical photographs of the applicant.
3: The application shall be heard and determined in the same way as if it were an application for a security guard's licence, and the provisions of sections 21 to 25 subsections (1), (2), and (3) of section 26 section 27 section 30
4: Where the Registrar grants an application under this section to amend a security guard's licence he shall, on payment of the prescribed fee (if any), issue to the applicant an amended licence specifying the additional class or classes of the business of a security guard that the licensee may carry on. Section 32A inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
33: Renewal of licence
1: Every licence, unless it has been terminated in accordance with this Act, may from time to time be renewed in accordance with this section.
2: An application for the renewal of a licence shall be made by the licensee in writing, in the prescribed form (if any) and with one additional copy, to the Registrar.
3: The application shall be made not earlier than the 1st day of January, and not later than the last day of February, in the year in which the licence will expire.
4: On an application for the renewal of a licence, the Registrar may require the applicant (except where it is a company) to submit to him 2 additional identical photographs of the applicant.
5: After the application has been filed with the Registrar, it shall be advertised and a copy shall be served on the Police, in the same way as if it were an application for a licence.
6: The application shall not be heard before the expiry of 1 month after subsection (5) has been complied with.
7: The police may, before the expiry of 1 month after subsection (5) has been complied with, file with the Registrar a notice of objection to the application in the same way as if it were an application for a licence.
8: Any person other than a member of the police may, before the expiry of 1 month after subsection (5) has been complied with, file with the Registrar a notice of objection to the application, on the same grounds and in the same way as if it were an application for a licence.
9: The application shall be heard and determined in the same way as if it were an application for a licence and, subject to subsections (7) and (8), the provisions of sections 22 to 25 section 26 section 27 section 30
10: The Registrar may hear and determine an application for the renewal of a licence, or any objection to its renewal, notwithstanding that the application or the notice of objection is not filed within the time limit specified in this section, as long as the application or notice, as the case may be, is filed before the date of expiry of the licence.
11: Where the Registrar grants an application for the renewal of a licence he shall, on payment of the prescribed fee (if any), issue a renewed licence accordingly.
12: Where an application for the renewal of a licence has been made but not determined before the licence expires Section 33 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsections (7) (8) substituted 15 November 2000 section 3 Private Investigators and Security Guards Amendment Act 2000 Subsection (12) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by omitting the words and a bond that complies with section 19 of this Act is for the time being in effect in respect of the licence
3: Approval of responsible employees of private investigators and security guards
34: Responsible employees to be approved by Registrar
1: No holder of a private investigator's licence shall, either by himself or in partnership with any other licensee, employ or permit to act as a responsible employee in the business of a private investigator any person who is not the holder of a certificate of approval to be a responsible employee of a private investigator.
2: No holder of a security guard's licence shall, either by himself or in partnership with any other licensee, employ or permit to act as a responsible employee in the business of a security guard any person who is not the holder of a certificate of approval to be a responsible employee of a security guard.
3: Any person who—
a: being a licensee, employs any person as a responsible employee, or permits any person to act as a responsible employee, in contravention of subsection (1) or subsection (2); or
b: is employed as a responsible employee by a licensee, or acts as a responsible employee of a licensee, in contravention of subsection (1) or subsection (2); or
c: not being the holder of a certificate of approval to be a responsible employee of a private investigator or security guard, holds himself out to any person or to the public as being a responsible employee of a private investigator or security guard— commits an offence against this Act Subsection (3) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the words against this Act and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of $500 or to both
35: Presumption against granting application in certain cases
1: In any case where an application for a certificate of approval is made in respect of any person who is under the age of 18 years, the Registrar shall not grant the application unless, having regard to all the circumstances of the case, the Registrar is satisfied that there are special factors that would justify the granting of the application.
2: In any case where an application for a certificate of approval to be a responsible employee of a private investigator or security guard is made in respect of any person whose application, if he or she were to apply in his or her own right for a private investigator's or security guard's licence, would be required to be considered by the Registrar—
a: under section 17(1)(c)
b: under section 17(2) In the original section 35 Apprenticeship Act 1983 (1) substituted 1 November 1983 repealed Apprentices Act 1948 Apprenticeship Act 1983 (No 16) repealed 1 July 1992 section 14(1) Industry Training Act 1992 See section 15 Section 35 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
36: Application for certificate of approval
1: An application for a certificate of approval shall be made in writing, in the prescribed form (if any) and with one additional copy, to the Registrar by the person who proposes to employ the person in respect of whom the application is made.
2: The application shall state the following information:
a: the full name of the applicant and (where he is a licensee) his registered office:
b: the full name, residential address, occupation, and date of birth of the person in respect of whom the application is made:
c: such other matters as may be prescribed.
3: The application shall be accompanied by the prescribed fee (if any), and by 2 identical photographs of the person in respect of whom the application is made.
4: Where the application for a certificate of approval is made by an applicant for a licence, it shall be attached to and form part of the application for a licence.
5: The Registrar shall cause a copy of the application to be served on the Police.
6: The application shall not be heard before the expiry of 1 month after subsection (5) has been complied with. Section 36 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
37: Temporary permission to engage responsible employee
1: Notwithstanding section 34 subsection (5) section 36
2: Any commissioned officer of Police or other member of the Police specified in subsection (1)n may from time to time renew, for a further period not exceeding 2 months, any permission given under that subsection.
3: Permission given under this subsection shall in any event cease to have effect when the application for the certificate of approval is determined by the Registrar. Subsection (1) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by substituting the expression (5) (4)
38: Objections by Police to application for certificate of approval
1: The Police may—
a: within 1 month after a copy of an application for a certificate of approval has been served on them under this section (where the application forms part of an application for a licence); or
b: within 7 days after the copy is served on them (in any other case)— file with the Registrar a notice of objection to the grant of the application.
2: The notice shall state the grounds of the objection.
3: The Police shall cause a copy of the notice of objection to be served on the applicant within 7 days after it is filed with the Registrar.
39: Hearing of application for certificate of approval
1: The Registrar shall fix a time and place for the hearing of an application for a certificate of approval, and shall give not less than 14 clear days' notice of the hearing to the applicant and, where the Police have filed a notice of objection, to the Police.
2: The provisions of section 25
3: Subject to subsection (1) of section 40 section 38
40: Issue of certificate of approval
1: Where the Registrar is satisfied in respect of an application for a certificate of approval that the provisions of this section have been complied with, and that having regard to the interests of the public, the person in respect of whom the application is made is a proper person to be a responsible employee of the applicant, the Registrar shall grant the application, but otherwise he shall refuse to grant the application.
2: The Registrar shall notify the applicant in writing of his decision.
3: Where the Registrar grants an application under this section he shall, on payment of the prescribed fee (if any), issue a certificate of approval in the appropriate form in Schedule 2
41: Effect of certificate of approval
A certificate of approval shall authorise the holder to work during the currency of the certificate as a responsible employee of any licensee carrying on the business to which the certificate of approval relates.
42: Duration of certificate of approval
Every certificate of approval, unless it has been terminated in accordance with this Act, shall continue in force until the expiration of the 31st day of March next following the date on which it is issued (whether or not the holder continues to be employed by the same licensee), but may from time to time be renewed in accordance with this Act.
43: Registrar to notify Commissioner of Police when certificate of approval issued
The Registrar shall, 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
b: the nature and number of the certificate of approval; and
c: the date on which it was issued.
44: Renewal of certificate of approval
1: Every certificate of approval, unless it has been terminated in accordance with this Act, may from time to time be renewed in accordance with this section.
2: An application for the renewal of a certificate of approval may be made in writing, in the prescribed form (if any) and with one additional copy, to the Registrar by the licensee by whom the holder of the certificate of approval is employed.
3: The application shall be made not earlier than the 1st day of January, and not later than the last day of February, in the year in which the certificate of approval will expire.
4: On an application for the renewal of a certificate of approval, the Registrar may require the applicant to submit to him 2 additional identical photographs of the holder of the certificate of approval.
5: After the application has been filed with the Registrar, a copy shall be served on the Police in the same way as if it were an application for a certificate of approval.
6: The application shall not be heard before the expiry of 1 month after subsection (5) has been complied with.
7: The Police may, before the 7th day of March in the year in which the certificate of approval will expire, file with the Registrar a notice of objection to the application in the same way as if it were an application for a certificate of approval.
8: The Police shall cause copies of the notice of objection to be served respectively on—
a: the applicant; and
b: the holder of the certificate of approval— within 7 days after it is filed with the Registrar.
9: The application shall be heard and determined in the same way as if it were an application for a certificate of approval.
10: The holder of the certificate of approval in respect of which the application is made shall be entitled to appear as a party to the application, and the provisions of sections 35 36 39 section 40 section 43
11: The Registrar may hear and determine an application for the renewal of a certificate of approval, or any objection to its renewal, notwithstanding that the application or the notice of objection is not filed within the time limit specified in this section, as long as the application or notice, as the case may be, is filed before the date of expiry of the certificate of approval.
12: Where the Registrar grants an application for the renewal of a certificate of approval he shall, on payment of the prescribed fee (if any), issue a renewed certificate of approval accordingly.
13: Where an application for the renewal of a certificate of approval has been made but not determined before the certificate of approval expires, the certificate of approval shall continue in force until the application is determined by the Registrar. Section 44 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
4: Duties of private investigators, security guards, and responsible employees
General duties
45: Production of licence
1: Every licensee shall produce his licence on demand to—
a: the Registrar; or
b: any member of the Police; or
c: any person with whom he is dealing in the course of transacting or attempting to transact the business to which the licence relates.
2: Where the licensee is a company it shall be sufficient compliance with the requirements of subsection (1) if the licence is kept in the company's registered office and is made available for inspection on demand by any of the persons referred to in that subsection.
3: Every licensee who knowingly contravenes subsection (1) commits an offence against this Act.
46: Production of certificate of approval
1: Every holder of a certificate of approval shall produce his certificate of approval on demand to—
a: the Registrar; or
b: any member of the Police; or
c: any person with whom he is dealing in the course of transacting or attempting to transact the business to which the certificate of approval relates.
2: Every holder of a certificate of approval shall, on demand by any other person specified in subsection (1), inform that other person of the name and address of the licensee by whom the holder is employed.
3: Every holder of a certificate of approval who knowingly contravenes subsection (1) or subsection (2) commits an offence against this Act. Subsections (2) (8) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 See section 1(2) of that Act
47: Notice to Registrar of change of employment
1: Where any holder of a certificate of approval leaves the employment of any licensee, the licensee shall within 7 days notify the Registrar in writing of the name of the holder and of the date on which he left his employment.
2: Where any holder of a certificate of approval commences employment with any licensee, the licensee shall within 7 days notify the Registrar in writing of the name of the holder, the address at which he is employed, and the date on which he commenced his employment.
3: Every licensee who contravenes subsection (1) or subsection (2) commits an offence against this Act. Section 47 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Duties of private investigators
48: Private investigator to display notices at offices
1: Every holder of a private investigator's licence shall at all times exhibit at every place of business specified in his licence, in a place where it can be easily read from outside that place of business, a conspicuous notice stating—
a: his full name; and
b: the fact that he is the holder of a private investigator's licence; and
c: if the business is not carried on in his own name, the name under which he carries on the business.
2: Every holder of a private investigator's licence shall cause to be conspicuously displayed on—
a: all notices, advertisements, and other publications issued by him or on his behalf, in the course of or in connection with the business of a private investigator; and
b: all letters, accounts, and other documents sent out by him or on his behalf, in the course of or in connection with the business of a private investigator— the information specified in paragraphs (a) to (c) of subsection (1).
3: Every holder of a private investigator's licence shall cause to be conspicuously shown on all letters sent out or published by him or on his behalf, in the course of or in connection with the business of a private investigator, a statement to the effect that he has no more authority than that of an ordinary private citizen to require a reply to the letter.
4: Every licensee who knowingly contravenes subsection (1), subsection (2), or subsection (3) commits an offence against this Act.
49: Money in anticipation of expenditure to be paid into trust account
Section 49 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
50: Trust account to be audited
Section 50 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
51: Private investigator to render account to principal
1: Every holder of a private investigator's licence—
a: within 7 days after being requested to do so by any person for whom the licensee or his firm is acting in the course of the business of a private investigator; or
b: if no request is made, then within 28 days after the licensee or the firm ceases to act for that person— shall render to that person an account in writing setting 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.
2: Any licensee who has rendered an account in accordance with subsection (1) in respect of any money expended by him or by his firm in the course of acting for any person may appropriate any money standing in his account to the credit of that person in satisfaction of the account rendered.
3: Except as provided in subsection (2), every licensee shall—
a: within 7 days after being requested to do so by any person for whom the licensee or his firm is acting in the course of the business of a private investigator; or
b: if no such request is made, then within 28 days after the licensee or firm ceases to act for that person— pay to that person all money held for that person
4: Every licensee who contravenes subsection (1) or subsection (3) commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $500 or to both. Subsection (3) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by omitting the words in the trust account of the licensee or firm
52: Private investigator not to take photographs or make recordings without consent
1: Every person who, in the course of or in connection with the business of a private investigator,—
a: takes or causes to be taken, or uses or accepts for use, any photograph, cinematographic picture, or videotape recording of another person; or
b: by any mechanical device records or causes to be recorded the voice or speech of another person,— without the prior consent in writing of that other person, commits an offence against this Act Provided that nothing in this subsection shall apply 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.
2: No photograph or cinematographic film, or videotape recording taken, or other recording made, in contravention of subsection (1) shall be admissible as evidence in any civil proceedings. Subsection (1) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the words against this Act and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of $500 or to both
5: Disciplinary functions of Registrar
53: Complaints against licensee
1: The Police may at any time file a written complaint with the Registrar against any licensee.
2: Any person other than a member of the Police may at any time, with the leave of the Registrar, file a written complaint with him against any licensee.
3: The Registrar shall refuse leave under subsection (2) unless he is satisfied that the complainant has a personal interest in the subject-matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious.
4: No complaint may be made under this section except on 1 or more of the following grounds:
a: that the licensee has been convicted of any crime involving dishonesty or of any specified offence:
b: any of the grounds specified in section 58
c: that the licensee has contravened any provision in this Act or in any regulations made under this Act:
d: that the licensee has been guilty of misconduct or negligence in the course of the business to which the licence relates.
5: The complainant shall specify the grounds on which it is made.
6: The complaint shall, within 7 days after filing the complaint with the Registrar, cause a copy of the complaint to be served on the licensee. Subsection (4)(a) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
54: Registrar may refer matter to Police
1: On receipt of a complaint from a person under subsection (2) of section 53
2: In any other case where the Registrar suspects on reasonable grounds that there may be any grounds for complaint against a licensee, he may refer the matter to the Commissioner of Police and request the Commissioner to investigate it with a view to deciding whether a complaint against the licensee should be filed under subsection (1) of section 53
55: Suspension of licensee pending determination of complaint
1: Where a complaint has been filed under section 53
2: The Registrar shall not be obliged to give any notice to the licensee that he intends to make an order of suspension under this section.
3: The Registrar shall notify the licensee in writing of any order of suspension made by him under this section and of his reasons for making the order, and shall, as soon as practicable thereafter, afford the licensee an opportunity to make representations to the Registrar for the revocation of the order.
4: An order of suspension made under this section shall come into force when the licensee is notified of the order in accordance with subsection (3), and while it continues in force, the licence to which it relates shall cease to have effect, and shall not be renewed, and no new licence of the same type shall be granted to the licensee.
5: The Registrar may at any time, on his own motion or on the application of the licensee, revoke an order of suspension made under this section.
56: Hearing of complaint
1: Where a complaint has been filed with the Registrar against any licensee under section 53
2: The Registrar shall give not less than 14 days' notice of the hearing—
a: to the licensee; and
b: to the complainant; and
c: where the Registrar wishes the Police to attend, to the Commissioner of Police.
3: At the hearing, the complainant, the licensee, and the Commissioner of Police or any other member of the Police on his behalf, shall be entitled to appear and to be heard, and to call evidence, and to cross-examine and re-examine witnesses.
4: Any party at the hearing may conduct his case personally or may be represented by counsel.
5: The Registrar may from time to time adjourn the hearing to a future time and place fixed by him.
57: Powers of Registrar on determining complaint
1: If, after hearing a complaint in respect of a licensee in accordance with section 56
a: subject to section 58
b: make an order suspending the licence for such period, not exceeding 3 years, as the Registrar shall specify in the order:
c: fine the licensee any amount not exceeding $500
d: reprimand the licensee:
e: where the Registrar is satisfied in the case of a licensee that is a company that the grounds of the complaint relate to any conduct or omission by a particular officer of the company, make an order directing the licensee to terminate the employment of that officer within such time as the Registrar shall specify in the order.
2: If, after hearing the complaint, the Registrar is not satisfied that the grounds of the complaint have been proved, he shall dismiss the complaint.
3: While any order of suspension of a licence made under this section continues in force, the licence shall cease to have effect, and shall not be renewed, and no new licence of the same type shall be issued to the licensee.
4: Any fine imposed by the Registrar on a licensee under subsection (1) shall be deemed to be a debt due by the licensee to Her Majesty the Queen, and shall be recoverable accordingly in any Court of competent jurisdiction.
5: The Registrar shall forthwith give notice in writing to the licensee, the Commissioner of Police, and (where the complainant is not a member of the Police) the complainant, of the decision made by him under this section, and of any penalty imposed by him under this section.
6: Where the Registrar makes an order under paragraph (e) of subsection (1), he shall also give notice in writing of the order forthwith to the officer to whom it relates. Subsection (1)(c) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the expression $500 $50
58: Grounds for cancellation of licence
1: Subject to section 60
a: where any person specified in subsection (2)
i: an offence under any of the provisions specified in Schedule 3
ii: any drug-dealing offence within the meaning of section 10(1)
aa: where any person specified in subsection (2) has been convicted of any crime involving dishonesty or of any specified offence, and the Registrar is satisfied that the licensee is not a proper person to hold the licence:
b: where any person specified in subsection (2) in the course of carrying on the business of a security guard 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
c: where any person specified in subsection (2), having been convicted of an offence against this Act, is within 3 years after the date of the conviction again convicted of an offence against this Act:
d: where any person specified in subsection (2) has been guilty of misconduct or negligence in the course of the business to which the licence relates, and in the opinion of the Registrar the licensee is for that reason not a proper person to carry on that business:
e: where any person specified in subsection (2) is adjudged bankrupt, or makes any assignment for the benefit of his creditors, or makes any composition with his creditors:
f: in the case of a licensee that is a company, where the High Court
g: in the case of a licensee that is a company, where the licensee fails to comply with an order made under paragraph (e) of subsection (1) of section 57
2: The persons referred to in subsection (1) are—
a: the licensee; and
b: in the case of a licensee that is a company, any officer of the company. Subsection (1)(a) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (1)(aa) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (1)(aa) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (1)(b) amended 22 October 2003 section 3 Private Investigators and Security Guards Amendment Act 2003 by substituting the words the Dog Control Act 1996 Part 3 of the Dogs Registration Act 1955
59: Disciplinary powers of Registrar in respect of responsible employees
1: The Police may at any time file a written complaint with the Registrar against any holder of a certificate of approval.
2: Any person other than a member of the Police may at any time, with the leave of the Registrar, file a written complaint with him against any holder of a certificate of approval.
3: The Registrar shall refuse leave under subsection (2) unless he is satisfied that the complainant has a personal interest in the subject-matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious.
4: No complaint may be made under this section except on 1 or more of the following grounds:
a: that the holder of the certificate of approval has been convicted of any crime involving dishonesty or of any specified offence:
b: that the holder of the certificate of approval has been convicted of an offence under any of the provisions specified in Schedule 3
c: that the holder of the certificate of approval has contravened any provision in this Act or in any regulations made under this Act:
d: that the holder of the certificate of approval has been guilty of misconduct or negligence as a responsible employee in the course of the business to which the certificate of approval relates.
5: The complaint shall specify the grounds on which it is made.
6: The complainant shall, within 7 days after filing the complaint with the Registrar, cause copies of the complaint to be served respectively on the holder of the certificate of approval and the licensee by whom he is employed.
7: Where a complaint is made under this section, the provisions of sections 54 55 56
8: If, after hearing a complaint in respect of a holder of a certificate of approval in accordance with this section, the Registrar is satisfied that the grounds of the complaint have been proved, he may do all or any of the following things:
a: subject to subsection (10), make an order cancelling the certificate of approval:
b: make an order suspending the certificate of approval for such period, not exceeding 3 years, as the Registrar shall specify in the order:
c: fine the holder of the certificate of approval any amount not exceeding $200
d: reprimand the holder of the certificate of approval.
9: If, after hearing the complaint, the Registrar is not satisfied that the grounds of the complaint have been proved, he shall dismiss the complaint.
10: The Registrar shall not make an order under this section cancelling a certificate of approval unless he is satisfied that the holder is not a proper person to be a responsible employee in the business to which the certificate of approval relates.
11: While any order of suspension of a certificate of approval made under this section continues in force, the certificate of approval shall cease to have effect, and shall not be renewed, and no licence in respect of the business to which the certificate of approval relates or new certificate of approval of the same type shall be issued to the holder.
12: Any fine imposed by the Registrar on the holder of a certificate of approval under this section shall be deemed to be a debt due by the holder to Her Majesty the Queen, and shall be recoverable accordingly in any Court of competent jurisdiction.
13: The Registrar shall forthwith give notice in writing to the holder of the certificate of approval, and the licensee by whom he is for the time being employed, and the Commissioner of Police, and (where the complainant is not a member of the Police) the complainant, of the decision made by him under this section, and of any penalty imposed by him under this section. Subsection (3) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (4)(a) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (8)(c) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the expression $200 $20
60: Registrar to cancel licences and certificates of approval in certain cases, unless special factors present
1: The provisions of this section shall apply notwithstanding any other provisions of this Part.
2: Where the holder of a licence, or of a certificate of approval is convicted of any crime involving dishonesty or of any specified offence, the Registrar shall cancel the licence or certificate of approval unless, having regard to the nature and circumstances of the offence, he or she is satisfied that the interests of the public do not require the cancellation of the licence or certificate of approval.
3: Where the holder of a licence, or of a certificate of approval, is detained in a prison
4: Where the Registrar cancels any licence or certificate of approval under this section he shall notify the holder in writing that he has done so. Subsection (2) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (3) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (3) amended 1 June 2005 section 206 Corrections Act 2004 by substituting the word prison penal institution See clause 2
61: Evidence of convictions in proceedings before Registrar
For the purposes of any proceedings under this Part, a certificate containing the substance of the conviction of any person of any offence purporting to be signed by the Registrar of the Court by which the person was convicted, shall be sufficient evidence of that conviction without proof of the signature or official character of the person appearing to have signed the certificate.
62: Cancelled and suspended licences and certificates of approval to be returned to Registrar
1: Every person whose licence or certificate of approval is cancelled or suspended under this Part shall deliver it to the Registrar within 7 days after being notified of the cancellation or suspension.
2: Every person who fails to comply with subsection (1) commits an offence against this Act.
63: Penalties for offences not affected
Nothing in this Part shall limit the jurisdiction of any Court, or limit or derogate from any other provisions in this Act relating to the punishment of offences.
6: Appeals
Part 6 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
64: Appeals to District Court
1: The following persons shall have a right of appeal to a District Court against a decision of the Registrar under this Act:
a: where an application is refused (whether in whole or in part), the applicant; and
b: where a licence is suspended or cancelled, the licensee; and
c: where a certificate of approval is suspended or cancelled, the person whose certificate of approval is suspended or cancelled; and
d: where the employment of an officer of a company that is a licensee is terminated, the officer; and
e: where a licensee or person holding a certificate of approval is fined, the licensee or person.
2: An appeal under this section shall be brought within 28 days after the date on which the appellant was notified in writing by the Registrar of the decision appealed against, or within such further period as the Court may allow.
3: The appeal shall be made by way of originating application in accordance with the District Courts Rules 1992
4: On hearing the appeal, the Court may—
a: confirm, vary, or reverse the decision appealed against; or
b: in the case of an order suspending a licence or certificate of approval, vary the period of the suspension; or
c: refer the matter back to the Registrar with directions to him or her to reconsider the whole or any specified part of the matter.
5: The decision of the Court on the appeal shall be final. Subsection (1) 64 amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the words subsection (3) of section 32A (whether the refusal relates to the whole or to any part of the application) Subsection (6) 64 repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Subsection (8)(a) 64 amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the word , vary, Part 6 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
65: Appeals to District Court
In subsection (7) District substituted Magistrates 1 April 1980 section 2(3) District Courts Amendment Act 1979 Part 6 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
7: Miscellaneous provisions
66: Licence or certificate not to confer additional powers on holder
1: No person shall, by virtue of being the holder of a licence or certificate of approval, have any power or authority that he would not have if this Act had not been passed.
2: No person, being the holder of a licence or certificate of approval, shall—
a: either orally or in writing claim, suggest, or imply that, by virtue of his licence, certificate of approval, occupation, or business, he has any power or authority that he does not in law have; or
b: use or attempt to use his licence or certificate of approval for the purpose of exercising, claiming, suggesting, or implying such a power or authority; or
c: either orally or in writing describe or refer to himself as a detective or by any other expression or term containing the word detective
d: wear any article of clothing, badge, or other article, that is likely to cause any member of the public to believe that the holder of the licence or certificate of approval is a member of the Police.
3: Every person who contravenes subsection (2) commits an offence against this Act. Subsection (3) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
67: Lost licences and certificates of approval
Where the Registrar is satisfied that a holder of a licence or certificate of approval has lost his licence or certificate of approval the Registrar may, on payment of the prescribed fee (if any), and on receipt of 2 identical photographs of the holder that, in the opinion of the Registrar, comply with the requirements (if any) of any regulations made in that behalf under this Act, issue to the holder a substitute licence or certificate of approval.
68: Voluntary surrender of licence or certificate of approval
1: A holder of a licence or certificate of approval may at any time surrender his licence or certificate of approval by delivering it with a notice in writing to that effect to the Registrar.
2: On receipt of the documents by the Registrar, the licence or certificate of approval shall cease to have effect.
3: Where a holder of a licence or certificate of approval gives a notice under subsection (1) to the Registrar, he shall also, within 7 days, serve a copy of the notice—
a: on the Commissioner of Police; and
b:
4: The surrender of a licence or certificate of approval under subsection (1) shall not affect the liability of the holder—
a: to pay any fees or other money payable in accordance with the provisions of this Act on or before the date on which the licence or certificate of approval would expire if it had not been surrendered; or
b: to perform any duty or obligation that he was required to perform on or before the date specified in paragraph (a); or
c: for any act done or default or omission made before the date of surrender. Subsection (3)(b) repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
69: Change of place of business
1: A licensee may at any time apply in writing to the Registrar to amend his licence by—
a: changing the registered office of the licensee; or
b: specifying any additional place from which the licensee may carry on the business to which the licence relates; or
c: deleting any place of business specified in the licence.
2: Every application shall be accompanied by the licence to which it relates.
3: Where the Registrar grants the application, he shall endorse the licence accordingly and return it to the licensee, and shall also notify the Commissioner of Police in writing of that fact.
70: Offences
1: Where any company commits an offence against this Act, every director of the company shall be guilty of the same offence, and shall be liable to the same penalty, unless he proves that the offence was committed either without his knowledge or without his consent.
2: Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is otherwise provided by this Act or by such regulations, shall be liable on summary conviction to a fine not exceeding $2,000. Subsection (2) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
71: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms to be used for the purposes of this Act and the matters to be specified in such forms:
b: prescribing fees payable under this Act in respect of applications and the issue and renewal of licences and certificates of approval:
c:
d:
e:
f:
g:
h: prescribing codes of ethics for private investigators and security guards and their responsible employees respectively (including different codes for different classes of private investigators, security guards, and responsible employees), and providing that a contravention of such a code by a holder of a licence or certificate of approval to whom that code applies shall be misconduct or shall be evidence of misconduct by that person in the course of the business to which his licence or certificate of approval relates:
i: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and prescribing the amount of any fine that may be imposed in respect of such offence, being an amount not exceeding $200 and, where the offence is a continuing one, a further amount not exceeding $20 for every day during which the offence has continued:
j: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. Subsection (1)(c) to (g) repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995
72: 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 by delivering it to him personally, or by leaving it or sending it by post in a registered letter addressed to him at his residential address or registered office specified in his application, or at any address for service specified in his application.
2: Any notice or other document that under this Act may be or is required to be given to or served on a holder of a licence or certificate of approval may be served by delivering it to him personally, or by leaving it or sending it by post in a registered letter addressed to him—
a: at his usual or last known place of residence in New Zealand; or
b: in the case of a licensee, at his registered office or at any other place of business specified in his licence; or
c: in the case of a holder of a certificate of approval, at the place of business at which he is employed.
3: Where a notice is sent by post in the manner prescribed by subsection (1) or subsection (2), it shall be deemed to have been served on him at the time when the letter would have been delivered in the ordinary course of post. In proving service of the notice, it shall be sufficient to prove that it was duly put into the Post Office as a registered letter.
4: Where under this Act any notice or other document is to be given to or served on the Police, it shall be given to or served on the senior member, for the time being, of the Police in the district or place of residence of the applicant, or holder of the licence or certificate of approval, to whom the notice or other document relates.
72A: Extensions of time
Subject to section 33(10) section 44(11) Sections 72A 72B inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
72B: Photographs
Where under this Act any photograph is to be submitted to the Registrar, he may require that the photograph shall comply with the requirements of any regulations made under this Act. Sections 72A 72B inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978
73: Civil remedies not affected
Nothing in this Act shall affect any civil remedy that any person may have against a holder of a licence or certificate of approval in respect of any matter.