Powers of Detention and Search Flashcards
6 cards from real COA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Powers of Detention and Search flashcards as text
What does 'reasonable force' mean in the context of a security guard detaining a person?
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.
A person in a shopping mall is suspected of shoplifting. What powers does a security guard have in relation to this person?
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.
Can a security guard use force to remove a person from private premises if asked to leave and they refuse?
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.
What is a 'trespass notice' and how does it relate to security guard functions?
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.
Under NZ law, what right does a detained person have regarding their situation?
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.
Can a security guard conduct a search of a person's vehicle on private premises?
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.