NZ Security Licence Use of Force Under NZ Law 2 — Questions and Answers
Question 1: Can a security guard use force to prevent a person from recording them on a mobile phone in a public place?
- No — filming in a public place is generally lawful and force cannot be used to prevent it (Correct answer)
- Yes — security guards have the right to prevent being filmed while on duty
- Yes — but only verbal instructions may be used, not physical force
- Only if the recording is taking place in a restricted area of a licensed premises
Correct answer: No — filming in a public place is generally lawful and force cannot be used to prevent it
In New Zealand, filming in a public place is generally lawful. A security guard cannot use force to prevent lawful filming. Attempting to do so could constitute assault.
Question 2: What is a security guard's duty of care toward a person they have used force on?
- To ensure they receive appropriate medical assistance if injured and to monitor their condition (Correct answer)
- Only to ensure they are handed to Police
- No duty of care exists during the execution of a lawful detention
- Only to call an ambulance if the person is unconscious
Correct answer: To ensure they receive appropriate medical assistance if injured and to monitor their condition
Using force creates a duty of care obligation. If a person is injured, the guard must ensure they receive appropriate medical attention, regardless of the circumstances of the original force use.
Question 3: What does 'de-escalation' mean in the security context?
- Using communication techniques and non-confrontational positioning to reduce a threatening situation without using physical force (Correct answer)
- Gradually reducing the level of physical force being applied during a restraint
- A formal process for downgrading a security alert level after an incident
- A reporting process for reducing the severity of an incident record
Correct answer: Using communication techniques and non-confrontational positioning to reduce a threatening situation without using physical force
De-escalation involves verbal communication, body language, and positioning to reduce tension and prevent a situation from requiring physical force. It is the preferred approach before any force is used.
Question 4: A security guard at a concert uses a wristlock on an unruly patron. The patron complies. What should the guard do with the wristlock?
- Release it as soon as compliance is achieved — force should not continue beyond the point of compliance (Correct answer)
- Maintain it until Police arrive to ensure the patron cannot re-escalate
- Transfer to handcuffs as a matter of standard procedure
- Ask a supervisor's permission before releasing any restraint technique
Correct answer: Release it as soon as compliance is achieved — force should not continue beyond the point of compliance
Force must stop the moment the purpose is achieved. Continuing to apply a painful technique after compliance has been achieved constitutes unnecessary and potentially unlawful force.
Question 5: Under what circumstances may a security guard use force to protect a third party?
- When the third party is in immediate danger from an unlawful attack and the force used is proportionate to that threat (Correct answer)
- Only when directly instructed to do so by a police officer
- Only when the third party is another security guard
- Only when the third party is on the premises the guard is contracted to secure
Correct answer: When the third party is in immediate danger from an unlawful attack and the force used is proportionate to that threat
Section 48 of the Crimes Act covers defence of self and others. A security guard may use proportionate force to protect a third party who is under an unlawful attack.
Question 6: What should a security guard do if they have used physical force on a patron and the patron is now calm?
- Ensure the patron's welfare, document the incident fully, and report to their supervisor (Correct answer)
- Release the patron without any further action if they are now calm
- Continue to monitor the patron from a distance without documentation
- Ask the patron to sign a release form acknowledging they were not injured
Correct answer: Ensure the patron's welfare, document the incident fully, and report to their supervisor
After any use of force, the patron's welfare must be checked, a full incident report must be completed, and the supervisor must be notified. Documentation protects the guard and the employer.
NZ Security Licence Use of Force Under NZ Law 2
Can a security guard use force to prevent a person from recording them on a mobile phone in a public place?