Powers of Detention and Search Flashcards
6 cards from real COA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Powers of Detention and Search flashcards as text
Under NZ law, does a security guard have the same powers of arrest as a police officer?
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.
Under section 35 of the Crimes Act 1961, when may a citizen (including a security guard) lawfully arrest a person?
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.
After detaining a person under a citizen's arrest, what must a security guard do?
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.
Can a security guard in New Zealand compel a person to submit to a search of their person?
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.
What is the legal risk if a security guard detains a person without lawful authority?
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.
What conditions must a security guard's use of detention satisfy to be lawful?
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.