NZ Security Licence Legal Framework and Powers — Questions and Answers
Question 1: Under the Private Security Personnel and Private Investigators Act 2010 (PSPPI Act), what is a Certificate of Approval (COA) in New Zealand?
- A mandatory licence required for individuals working in the private security industry in NZ (Correct answer)
- A voluntary accreditation for security companies
- A certificate issued by the NZ Police for firearms
- An approval to operate CCTV systems in public places
Correct answer: A mandatory licence required for individuals working in the private security industry in NZ
A Certificate of Approval (COA) is the mandatory licence under the PSPPI Act that individuals must hold to work as security guards, bouncers (crowd controllers), personal guards, or property guards in New Zealand.
Question 2: Under NZ law, what powers of arrest does a security guard have?
- The same citizen's arrest powers as any member of the public under section 35 of the Crimes Act 1961 — no additional powers (Correct answer)
- Full police arrest powers including the power to use handcuffs
- The power to detain anyone for up to 4 hours without police involvement
- Greater powers than police when on private property
Correct answer: The same citizen's arrest powers as any member of the public under section 35 of the Crimes Act 1961 — no additional powers
In NZ, security guards have no special powers of arrest. They have the same citizen's arrest powers as any member of the public under section 35 of the Crimes Act 1961, which allows arrest for offences punishable by imprisonment that are being committed or have just been committed.
Question 3: Under section 35 of the NZ Crimes Act 1961, when can a citizen (including a security guard) make an arrest?
- When they find a person committing an offence punishable by imprisonment, or freshly committed such an offence (Correct answer)
- At any time for any offence, including parking violations
- Only when authorised by a police officer
- Only when the person is trespassing on private property
Correct answer: When they find a person committing an offence punishable by imprisonment, or freshly committed such an offence
Section 35 of the Crimes Act 1961 allows any person to arrest someone they find committing an offence punishable by imprisonment, or who they believe on reasonable grounds has committed such an offence and is fleeing from and freshly pursued by the police.
Question 4: What legislation governs the removal of trespassers from property in New Zealand?
- The Trespass Act 1980 (Correct answer)
- The Crimes Act 1961 only
- The Property Law Act 2007
- The Private Security Personnel Act 2010
Correct answer: The Trespass Act 1980
The Trespass Act 1980 governs the warning, removal, and prosecution of trespassers on private property in New Zealand. Security guards frequently rely on this Act when managing access to premises.
Question 5: Under the NZ Trespass Act 1980, what must happen before a person can be prosecuted for trespass?
- The person must first be warned to leave the property and must fail to leave or return within two years of the warning (Correct answer)
- No warning is needed — simply being on private property is an offence
- A police officer must be present to issue the warning
- The property owner must apply to a court for a trespass order
Correct answer: The person must first be warned to leave the property and must fail to leave or return within two years of the warning
Under the Trespass Act 1980, a person must be warned (verbally or in writing) to leave the property by the occupier or their agent (such as a security guard). If they fail to leave, or return within 2 years of the warning, they commit an offence.
Question 6: Under NZ law, how much force can a security guard use when removing a trespasser?
- Only reasonable force — the minimum necessary to remove the person, and only after they have been warned and refuse to leave (Correct answer)
- Unlimited force as they are protecting private property
- No force at all — only police can physically remove people
- Force is only permitted if the trespasser is armed
Correct answer: Only reasonable force — the minimum necessary to remove the person, and only after they have been warned and refuse to leave
NZ law allows only reasonable force to be used when removing a trespasser who has been warned and refuses to leave. The force must be proportionate to the situation and the minimum necessary. Excessive force may constitute assault.
NZ Security Licence Legal Framework and Powers
Under the Private Security Personnel and Private Investigators Act 2010 (PSPPI Act), what is a Certificate of Approval (COA) in New Zealand?