NZ Security Licence Use of Force Under NZ Law

Question 1

Under which New Zealand statute is the lawful use of force for self-defence codified?

Accepted Answer

Crimes Act 1961, section 48

Answer

Bill of Rights Act 1990

Answer

Summary Offences Act 1981

Answer

PSPPIA 2010

Question 2

Under section 48 of the Crimes Act 1961, what is the test for lawful use of force in self-defence?

Accepted Answer

The force must be reasonable in the circumstances as the person believes them to be

Answer

The force must be proportionate to the actual level of threat as objectively assessed

Answer

Any force is lawful as long as it is used in response to a physical attack

Answer

Force is only lawful if there is no other option and all other means have been attempted first

Question 3

What principle governs whether the amount of force used by a security guard is lawful?

Accepted Answer

Proportionality — the force used must be proportionate to the threat faced and not exceed what is necessary

Answer

Necessity — any force is lawful if it was the only available option

Answer

Hierarchy — force may only escalate through approved levels in order

Answer

Authority — force is lawful if authorised by the duty manager or security supervisor

Question 4

What does the 'force continuum' concept help security guards understand?

Accepted Answer

The graduated escalation of force options from verbal commands to physical intervention, matching response to threat level

Answer

The legal maximum force permitted per licence category

Answer

The number of force applications permitted per shift before a report is mandatory

Answer

The order in which force must be de-escalated after a confrontation ends

Question 5

If a security guard uses excessive force and injures a patron, what legal consequences may follow?

Accepted Answer

The guard may be criminally charged with assault and may face civil liability — their licence may also be cancelled

Answer

No consequence if the guard was acting in good faith at the time

Answer

Only the employer is liable — individual guards are protected by employment law

Answer

A consequence only arises if the patron formally complains to Police

Question 6

What should a security guard do if they feel physically threatened by a patron but the threat has not yet become physical?

Accepted Answer

Use verbal de-escalation, create distance, call for backup, and only use physical force if the threat becomes imminent and unavoidable

Answer

Immediately apply physical restraint to prevent the threat from materialising

Answer

Issue a verbal warning and then use force immediately if the patron does not retreat

Answer

Use force pre-emptively to prevent any harm to themselves