NZ Security Licence Use of Force Under NZ Law 1 — Questions and Answers
Question 1: Under which New Zealand statute is the lawful use of force for self-defence codified?
- Crimes Act 1961, section 48 (Correct answer)
- Bill of Rights Act 1990
- Summary Offences Act 1981
- PSPPIA 2010
Correct answer: Crimes Act 1961, section 48
Section 48 of the Crimes Act 1961 codifies the right to use reasonable force in self-defence or defence of another. This applies equally to security guards and any other person.
Question 2: Under section 48 of the Crimes Act 1961, what is the test for lawful use of force in self-defence?
- The force must be reasonable in the circumstances as the person believes them to be (Correct answer)
- The force must be proportionate to the actual level of threat as objectively assessed
- Any force is lawful as long as it is used in response to a physical attack
- Force is only lawful if there is no other option and all other means have been attempted first
Correct answer: The force must be reasonable in the circumstances as the person believes them to be
Section 48 applies a subjective-objective test: the force must be reasonable in the circumstances as the person believed them to be. Honest but mistaken belief in the need for force can be a defence.
Question 3: What principle governs whether the amount of force used by a security guard is lawful?
- Proportionality — the force used must be proportionate to the threat faced and not exceed what is necessary (Correct answer)
- Necessity — any force is lawful if it was the only available option
- Hierarchy — force may only escalate through approved levels in order
- Authority — force is lawful if authorised by the duty manager or security supervisor
Correct answer: Proportionality — the force used must be proportionate to the threat faced and not exceed what is necessary
Proportionality is the governing principle. Force must not exceed what is reasonably necessary to address the threat. Disproportionate force is unlawful regardless of the initial justification for using force.
Question 4: What does the 'force continuum' concept help security guards understand?
- The graduated escalation of force options from verbal commands to physical intervention, matching response to threat level (Correct answer)
- The legal maximum force permitted per licence category
- The number of force applications permitted per shift before a report is mandatory
- The order in which force must be de-escalated after a confrontation ends
Correct answer: The graduated escalation of force options from verbal commands to physical intervention, matching response to threat level
The force continuum is a training framework showing that force should begin at the lowest effective level (verbal) and escalate only as far as required by the threat. It promotes proportionate responses.
Question 5: If a security guard uses excessive force and injures a patron, what legal consequences may follow?
- The guard may be criminally charged with assault and may face civil liability — their licence may also be cancelled (Correct answer)
- No consequence if the guard was acting in good faith at the time
- Only the employer is liable — individual guards are protected by employment law
- A consequence only arises if the patron formally complains to Police
Correct answer: The guard may be criminally charged with assault and may face civil liability — their licence may also be cancelled
Excessive force constitutes assault under NZ law, regardless of the context. The guard personally, and potentially their employer, faces criminal and civil liability, and licensing consequences.
Question 6: What should a security guard do if they feel physically threatened by a patron but the threat has not yet become physical?
- Use verbal de-escalation, create distance, call for backup, and only use physical force if the threat becomes imminent and unavoidable (Correct answer)
- Immediately apply physical restraint to prevent the threat from materialising
- Issue a verbal warning and then use force immediately if the patron does not retreat
- Use force pre-emptively to prevent any harm to themselves
Correct answer: Use verbal de-escalation, create distance, call for backup, and only use physical force if the threat becomes imminent and unavoidable
Physical force should only be used when imminent and unavoidable. Before that point, de-escalation, distance, and calling for backup are the appropriate responses to a perceived but unrealised threat.
NZ Security Licence Use of Force Under NZ Law 1
Under which New Zealand statute is the lawful use of force for self-defence codified?