Use of Force Under NZ Law Flashcards

What is the legal significance of the phrase 'as the person believes them to be' in the self-defence section of the Crimes Act?

Answer: It means that an honest but mistaken belief in the need for force can support a lawful defence even if the threat was not real

The subjective element ('as the person believes them to be') means that genuinely held beliefs — even if mistaken — can support a self-defence claim, provided the response was also reasonable in those believed circumstances.

What does 'unlawful' in the context of defence under section 48 of the Crimes Act mean?

Answer: The force being defended against must itself be unlawful — force cannot be used to resist lawful authority

The Crimes Act defence applies to resistance against unlawful force. A security guard cannot lawfully use force to resist lawful Police action, for example, even if they disagree with it.

What is the security industry's general training guidance regarding verbal commands during a confrontation?

Answer: Use clear, firm, and non-threatening language to give the person the opportunity to comply before considering physical intervention

Verbal commands should be clear, calm, and firm — giving the person a genuine opportunity to comply. Aggressive or threatening language can escalate rather than de-escalate a situation.

Can a security guard restrain a person simply because they are causing annoyance but no offence is being committed?

Answer: No — annoyance or disruptive behaviour alone does not justify physical restraint

Physical restraint requires lawful grounds. Annoyance or disruptive (but non-criminal) behaviour does not meet the citizen's arrest threshold — the guard may ask the person to leave but cannot compel them through physical restraint.

What is the risk of applying excessive force to a person who is already physically subdued?

Answer: The force becomes unlawful assault, exposing the guard to criminal charges and civil liability

Force must stop the moment it is no longer necessary. Applying force to a person already subdued is excess and constitutes assault — the initial threat does not justify ongoing excessive force.

What does the term 'imminent threat' mean in the context of force used for self-defence?

Answer: A threat that is about to happen — immediate and real — not a future or speculative threat

Imminence means the threat is immediate and about to occur, not merely possible in the future. Speculative or future threats do not justify the use of force in anticipation.