NZ Security Licence Legal Framework and Powers

Question 1

Under the Private Security Personnel and Private Investigators Act 2010 (PSPPI Act), what is a Certificate of Approval (COA) in New Zealand?

Accepted Answer

A mandatory licence required for individuals working in the private security industry in NZ

Answer

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?

Accepted Answer

The same citizen's arrest powers as any member of the public under section 35 of the Crimes Act 1961 — no additional powers

Answer

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?

Accepted Answer

When they find a person committing an offence punishable by imprisonment, or freshly committed such an offence

Answer

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?

Accepted Answer

The Trespass Act 1980

Answer

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?

Accepted Answer

The person must first be warned to leave the property and must fail to leave or return within two years of the warning

Answer

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.

NZ Security Licence Practice Test

NZ Security Licence Practice Test

NZ Security Licence Legal Framework and Powers