NZ Security Licence Powers of Detention and Search 1 — Questions and Answers
Question 1: Under NZ law, does a security guard have the same powers of arrest as a police officer?
- No — security guards only have the same arrest powers as any ordinary citizen (Correct answer)
- Yes — licensed security guards have expanded arrest powers equal to police officers
- Yes — but only within their employer's premises
- Only if they are also a special constable appointed by the Police Commissioner
Correct answer: No — security guards only have the same arrest powers as any ordinary citizen
Security guards do not have special arrest powers. Like any member of the public, they may exercise the citizen's arrest power under section 35 of the Crimes Act 1961, but nothing beyond that.
Question 2: Under section 35 of the Crimes Act 1961, when may a citizen (including a security guard) lawfully arrest a person?
- When the person is found committing an offence for which they could be arrested, or is believed on reasonable grounds to have committed a serious offence (Correct answer)
- At any time if the security guard believes the person poses a risk to others
- Only when a police officer has requested assistance with an arrest
- When the person has been positively identified in security footage
Correct answer: When the person is found committing an offence for which they could be arrested, or is believed on reasonable grounds to have committed a serious offence
Section 35 allows any person to arrest someone found committing an offence punishable by imprisonment, or reasonably believed to have committed such an offence. The 'found committing' or 'reasonable grounds' threshold must be met.
Question 3: After detaining a person under a citizen's arrest, what must a security guard do?
- Hand the detained person over to Police as soon as practicable (Correct answer)
- Hold the person until the end of the security guard's shift
- Question the person about the offence before handing them to Police
- Document the arrest and release the person if Police take more than 30 minutes to arrive
Correct answer: Hand the detained person over to Police as soon as practicable
A detained person must be handed to Police as soon as practicable after a citizen's arrest. A security guard has no power to conduct a formal investigation or continue detaining a person indefinitely.
Question 4: Can a security guard in New Zealand compel a person to submit to a search of their person?
- Generally no — only if the person consents, or specific statutory powers apply (e.g. under a contract or venue conditions they agreed to on entry) (Correct answer)
- Yes — a licensed security guard has the right to search any person on commercial premises
- Yes — once a person enters licensed premises, they consent to being searched at any time
- Only if the security guard has reasonable grounds to suspect theft has occurred
Correct answer: Generally no — only if the person consents, or specific statutory powers apply (e.g. under a contract or venue conditions they agreed to on entry)
Security guards have no general power to compel a body search. A search may be conducted with the person's voluntary consent, or where a person has agreed to search conditions as a condition of entry to a venue.
Question 5: What is the legal risk if a security guard detains a person without lawful authority?
- The security guard and potentially their employer may be liable for false imprisonment (Correct answer)
- No risk — security guards are protected from liability when acting in good faith
- Only a risk if the detained person suffers physical injury
- Only a risk if the detention lasts more than 24 hours
Correct answer: The security guard and potentially their employer may be liable for false imprisonment
Unlawful detention constitutes false imprisonment, a civil wrong and potentially a criminal offence. The security guard personally and their employer can face legal action.
Question 6: What conditions must a security guard's use of detention satisfy to be lawful?
- It must be based on lawful grounds, use the minimum force necessary, and the person must be handed to Police promptly (Correct answer)
- The guard needs only to believe the detention is justified based on their experience
- It must be approved in advance by their supervisor
- It is lawful as long as the detention occurs within the premises they are contracted to guard
Correct answer: It must be based on lawful grounds, use the minimum force necessary, and the person must be handed to Police promptly
Lawful detention requires a valid legal basis (citizen's arrest grounds), proportionate force, and prompt handover to Police. Detention for any other reason is unlawful.
NZ Security Licence Powers of Detention and Search 1
Under NZ law, does a security guard have the same powers of arrest as a police officer?