NZ Security Licence Legal Framework and Powers 2 — Questions and Answers
Question 1: What is the role of the Private Security Personnel Licensing Authority (PSPLA) in New Zealand?
- To license individuals and companies in the private security industry, ensuring they are suitable and qualified (Correct answer)
- To provide security guard training courses
- To arrest offenders on behalf of the private security industry
- To set wages for security workers
Correct answer: To license individuals and companies in the private security industry, ensuring they are suitable and qualified
The PSPLA is established under the PSPPI Act 2010 to regulate the private security industry in NZ. It issues and manages Certificates of Approval (individual licences) and security company licences, and can suspend or cancel them if standards are not met.
Question 2: Under NZ law, what is the legal definition of 'assault' that security guards must understand?
- The intentional application of force to another person, or threatening by act or gesture to apply force — without the other person's consent (Correct answer)
- Only physical contact that causes visible injury
- Only hitting someone with a closed fist
- Any verbal confrontation between two people
Correct answer: The intentional application of force to another person, or threatening by act or gesture to apply force — without the other person's consent
Under section 2 of the Crimes Act 1961, assault in NZ is the intentional application of force to another person (directly or indirectly), or the threat by act or gesture to apply such force. It does not require injury — mere unwanted physical contact or threatening gestures can constitute assault.
Question 3: Under NZ law, what is a security guard's obligation regarding evidence found at a scene?
- Preserve the scene, do not touch or move evidence, record observations, and hand everything over to police (Correct answer)
- Collect all evidence and take it to the nearest police station
- Photograph the evidence and then dispose of it
- Evidence handling is not part of a security guard's responsibilities
Correct answer: Preserve the scene, do not touch or move evidence, record observations, and hand everything over to police
Security guards in NZ should preserve the scene, avoid touching or moving evidence (which could compromise forensic value), record their observations (time, location, description), and ensure everything is handed over to police when they arrive.
Question 4: What is the NZ legal requirement regarding the use of CCTV surveillance by private security?
- CCTV must comply with the Privacy Act 2020, including notification to individuals that they are being recorded, and footage must be stored securely (Correct answer)
- No legal requirements apply to private CCTV use
- CCTV can only be used by police, not private security
- All CCTV footage must be publicly accessible
Correct answer: CCTV must comply with the Privacy Act 2020, including notification to individuals that they are being recorded, and footage must be stored securely
Private CCTV in NZ must comply with the Privacy Act 2020. This includes informing people they may be recorded (signage), having a legitimate purpose for surveillance, storing footage securely, limiting access, and retaining it only as long as needed.
Question 5: Under NZ law, can a security guard search a person or their belongings?
- Only with the person's voluntary consent — security guards have no legal power to compel a search (Correct answer)
- Yes, security guards can search anyone entering a venue
- Only if the person is suspected of theft
- Security guards can search bags but not persons
Correct answer: Only with the person's voluntary consent — security guards have no legal power to compel a search
Security guards in NZ have no legal power to search individuals. Any search must be with the person's voluntary and informed consent. If the person refuses, the guard may deny entry to private premises but cannot compel a search.
Question 6: What must a security guard do after making a citizen's arrest under NZ law?
- Hand the arrested person over to the police as soon as reasonably practicable (Correct answer)
- Detain the person at the venue until the next business day
- Take the person to the nearest courthouse
- Release the person with a verbal warning
Correct answer: Hand the arrested person over to the police as soon as reasonably practicable
After making a citizen's arrest under section 35 of the Crimes Act, the person must be handed over to a police officer as soon as reasonably practicable. Unreasonable delay in doing so may make the detention unlawful.
NZ Security Licence Legal Framework and Powers 2
What is the role of the Private Security Personnel Licensing Authority (PSPLA) in New Zealand?