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

Section 48 of the Crimes Act 1961 codifies the right to use reasonable force in self-defence or defence of another. This applies equally to security guards and any other person.

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

Section 48 applies a subjective-objective test: the force must be reasonable in the circumstances as the person believed them to be. Honest but mistaken belief in the need for force can be a defence.

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

Proportionality is the governing principle. Force must not exceed what is reasonably necessary to address the threat. Disproportionate force is unlawful regardless of the initial justification for using force.

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 force continuum is a training framework showing that force should begin at the lowest effective level (verbal) and escalate only as far as required by the threat. It promotes proportionate responses.

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

Excessive force constitutes assault under NZ law, regardless of the context. The guard personally, and potentially their employer, faces criminal and civil liability, and licensing consequences.

NZ Security Licence Practice Test

NZ Security Licence Practice Test

NZ Security Licence Use of Force Under NZ Law