NZ Security Licence Powers of Detention and Search 2 — Questions and Answers
Question 1: What does 'reasonable force' mean in the context of a security guard detaining a person?
- The minimum amount of force necessary to achieve the lawful purpose — no more than required (Correct answer)
- Any force that seems appropriate to the security guard based on the perceived threat
- Force up to but not including the use of a weapon
- Force that a police officer in the same situation would consider reasonable
Correct answer: The minimum amount of force necessary to achieve the lawful purpose — no more than required
Reasonable force is the minimum necessary to achieve the lawful objective — no more. Excessive force beyond what is needed is unlawful and may constitute assault.
Question 2: A person in a shopping mall is suspected of shoplifting. What powers does a security guard have in relation to this person?
- The guard may ask the person to wait, but cannot compel them to stay or be searched unless they consent or are found committing the offence (Correct answer)
- The guard may physically restrain the person immediately on suspicion
- The guard may search the person's bags without consent as the mall is private property
- The guard may detain the person indefinitely until Police arrive
Correct answer: The guard may ask the person to wait, but cannot compel them to stay or be searched unless they consent or are found committing the offence
On suspicion alone, the guard may only request the person to cooperate. If they are found committing theft, a citizen's arrest is available. Compelled restraint based on suspicion alone is unlawful.
Question 3: Can a security guard use force to remove a person from private premises if asked to leave and they refuse?
- Yes — reasonable force may be used to remove a trespasser who refuses to leave after being asked (Correct answer)
- Only if the person is also committing an offence at the time
- Only if a police officer has first issued a trespass warning
- No — only the property owner may ask a person to leave
Correct answer: Yes — reasonable force may be used to remove a trespasser who refuses to leave after being asked
Under the Trespass Act 1980, a person who has been warned to leave private property and refuses may be removed using reasonable force. Security guards acting on behalf of the property owner may use this power.
Question 4: What is a 'trespass notice' and how does it relate to security guard functions?
- A formal warning under the Trespass Act that prohibits a specific person from returning to a property — security can enforce it by refusing entry or detaining the person for Police (Correct answer)
- A document that authorises the property owner to use unlimited force to remove the trespasser
- A notice issued by Police that security guards must distribute to banned individuals
- A civil restraining order that must be obtained through the courts before any enforcement action
Correct answer: A formal warning under the Trespass Act that prohibits a specific person from returning to a property — security can enforce it by refusing entry or detaining the person for Police
A trespass notice under the Trespass Act formally prohibits a named person from entering specified property. If they return, they commit an offence and can be arrested. Security guards can enforce trespass notices on behalf of property owners.
Question 5: Under NZ law, what right does a detained person have regarding their situation?
- The right to be informed of the reason for detention, the right to silence, and the right to a lawyer (Correct answer)
- Only the right to be told their name will be recorded
- Only the right to remain silent — no other rights apply until Police arrive
- No specific rights apply until Police formally charge the person
Correct answer: The right to be informed of the reason for detention, the right to silence, and the right to a lawyer
New Zealand's Bill of Rights Act 1990 (NZBORA) provides detained persons with rights including being informed of the reason for detention, the right to silence, and the right to legal representation.
Question 6: Can a security guard conduct a search of a person's vehicle on private premises?
- Only with the vehicle owner's consent or where the terms of entry to the premises explicitly require vehicle searches (Correct answer)
- Yes — vehicles on private property are subject to search by the property owner's security team
- Yes — if the security guard has reasonable grounds to suspect an offence has been committed
- Only if a police officer accompanies the security guard during the search
Correct answer: Only with the vehicle owner's consent or where the terms of entry to the premises explicitly require vehicle searches
Vehicle searches by security guards require consent or an entry condition the driver agreed to. Security guards have no general right to search vehicles — the same consent-based rules apply as for personal searches.
NZ Security Licence Powers of Detention and Search 2
What does 'reasonable force' mean in the context of a security guard detaining a person?