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FAQ's

Frequently asked questions about Private Security Personnel Licensing Authority

1. What is the Private Security Personnel Licensing Authority

2. Is my line of work covered by the new regime?

3. Do I require a licence or a certificate of approval?

4. What are the key dates I should be aware of?

5. I forgot to apply by the 1 June 2011 deadline, am I still licensed?

6. How long will my application take?

7. What if I need to start working, or employ somebody to work for me, urgently?

8. Can I get a refund of my application fee?

9. Do casual staff and volunteers need to hold a license or certificate?

10. Will security personnel from Australia require a licence?

11. What are crowd controllers and how does the new regime apply to them?

12. Do I need to wear identification while working?

13. How do I find out if a company is licensed or if an individual holds a certificate?

14. What will the training requirements be?

15. What happens if somebody breaks the law?

16. What are the penalties for not holding a licence or certificate?

17. Can a decision of the Licensing Authority be appealed or reviewed?

18. If I have a certificate of approval and want to change employers, do I need a new certificate?

19. If I sell my company, can I take my company licence with me to a new company?

20. Where can I get more information?

1. What is the Private Security Personnel Licensing Authority?

The Private Security Personnel Licensing Authority has replaced the Private Investigators and Security Guards Register.  The Licensing Authority is responsible for considering applications for licenses and certificates of approval from individuals and companies working in the private security industry, receiving complaints about licensees and certificate holders, and taking disciplinary action such as suspending or cancelling a licence.

The Licensing Authority was established under the Private Security Personnel and Private Investigators Act 2010, which replaced the Private Investigators and Security Guards Act 1974.

2. Is my line of work covered by the new regime?

In general, individuals and companies undertaking work in the following areas will need to hold a licence or certificate of approval:

  • Patrolling and monitoring private property and responding to alarm callouts;
  • Guarding people, including bodyguards;
  • Crowd control – keeping order among groups of people, such as at large events;
  • Monitoring entry to, and behaviour inside, licensed premises;
  • Installing security equipment such as alarms and cameras;
  • Confidential document destruction;
  • General security consultancy; and
  • Private investigation.

If you are unsure whether you require a licence or certificate of approval you should seek advice from a lawyer, community law centre, citizens advice bureau or your industry representative organisation (New Zealand Security Association, Hospitality Association New Zealand, etc).  Please note that neither the Licensing Authority nor the Ministry of Justice can provide legal advice on whether a particular line of work requires a licence or certificate.

3. Which one do I need - a licence or a certificate of approval?

If you are employed by a licensed individual or company to provide security services you will need to hold a Certificate of Approval.

If you are an individual or sole trader intending to provide security services and be paid for the provision of those services under your personal name, you will need to hold an Individual Licence.

If you are a sole trader intending to provide services and be paid for those services under a trading name, you must apply to the Licensing Authority to have your trading name approved before obtaining an Individual Licence.

If you are an incorporated company intending to provide security services and be paid for those services under the name of an incorporated company, you will need to hold a Company Licence.

More information about licenses and certificates of approval can be found here.

4. What are the key dates I should be aware of?

1 April 2011:  The Licensing Authority began operating on this date and applications to the Licensing Authority can be made from this date onwards.

1 June 2011:  If you held a licence or certificate of approval under the old scheme you needed to apply to the Licensing Authority by this date to ensure your licence or certificate issued under the old scheme does not expire until your new licence or certificate is issued.

1 November 2011:  New classes of business covered by the new regime (personal guards and crown controllers) must be licensed by this date.

2012:  New requirements for training will be introduced some time in 2012, requiring crowd controllers, property guards and personal guards to undergo training in order to remain certified.

5. I forgot to apply by the 1 June 2011 deadline, am I still licensed?

No, if you did not apply to the Licensing Authority by 1 June 2011 your licence or certificate of approval issued under the old scheme (under the Private Investigators and Security Guards Act 1974) has now expired.  This means you are no longer lawfully able to undertake work in the private security industry.  You will need to apply to the Licensing Authority for a new licence or certificate and will not be able to resume working in the industry until your new licence or certificate is issued.

6. How long will my application take?

Applications to the Licensing Authority will be processed in approximately seven to eight weeks, providing there are no issues with your application (e.g. no disqualification criteria apply and no objections are lodged).  If an objection is lodged or disqualification criteria apply to you then your application will take longer.  Please also note that during peak periods applications may take longer than seven to eight weeks to process.

7. What if I need to start working, or employ somebody to work for me, urgently?

If you need to work as an employee in the security industry while your application is being processed you may apply to obtain a temporary certificate of approval.  Temporary certificates are issued within ten days and can only be granted where a full certificate of approval has been applied for and where the applicant has no disqualifying criteria.  Temporary certificates are valid for three months or until your certificate of approval is issued.

If you do not have enough certified staff to carry out your business due to staff illness or emergency you can notify the Licensing Authority and then make an emergency appointment, which is valid for two weeks.  You can do this in situations where you cannot wait ten days for an employee to obtain a temporary certificate.

More information about temporary certificates and emergency appointments can be found here.

8. Can I get a refund of my application fee?

If your application to the Licensing Authority is unsuccessful, or you make a mistake and have to reapply, the application fee is not refunded to you.  This is because the application fee reflects the cost of processing and making a decision on the application.

In certain other circumstances the Licensing Authority may consider providing a refund.  You should contact the Licensing Authority at PSPLA@justice.govt.nz for more information.

9. Do casual staff and volunteers need to hold a license or certificate?

A person will require a certificate of approval to work in the private security industry regardless of whether they work in a permanent, temporary or casual role.  A certificate of approval is valid for five years, so casual workers can undertake work at any time during that five year period without having to make a new application.

Volunteers are not covered by the new regime and are therefore not required to hold a licence or certificate of approval.

10. Will security personnel from Australia require a licence?

Yes, Australian security personnel will require a New Zealand licence or certificate to work in New Zealand.

11. What are crowd controllers and how does the new regime apply to them?

The definition of crowd controller includes people whose primary purpose of work is to screen entry to, keep order in, or remove people from, any place.

The definition excludes people who simply ensure that admission has been paid or that those entering venues have the correct invitations or passes.  Someone who is only expected to draw the attention of others to behaviour that is or could become inappropriate is also excluded from the definition.

Crowd controllers were not regulated prior to the introduction of the Private Security Personnel and Private Investigators Act 2010.  Under the Act they will require a licence or certificate of approval for the first time.

12. Do I need to wear identification while working?

Yes, under the Act an individual who holds a licence or certificate of approval must wear an identification badge at all times when working.  There is an exception to this where a licence or certificate holder reasonably believes that wearing identification would threaten his or her safety, or the safety of others.

Please note that identification badges are not currently issued for the private investigator class and the requirement to wear a badge does not apply to this class of work.

13. How do I find out if a company is licensed or if an individual holds a certificate?

A public register of all licence and certificate holders and their status is published on this website.  It can be accessed here.

14. What will the training requirements be?

The new Act allows training or minimum competency requirements to be imposed by regulation.  The regulations are yet to be introduced, but it is intended that they will require personal guards, property guards and crowd controllers to meet minimum competency requirements.  This will ensure these security personnel have the necessary knowledge and skills to do their job safely and effectively.

The training requirements will be developed in consultation with the industry and other stakeholders.  The timing will take into account the nature of the requirements and how long it will reasonably take people to complete the training.

15. What happens if somebody breaks the law?

The Private Security Personnel and Private Investigators Act 2010 established an independent body, administered by the Department of Internal Affairs, called the Complaints, Investigation and Prosecution Unit (CIPU).  CIPU will investigate complaints against licence or certificate holders and provide information and reports to the Licensing Authority when requested.  CIPU can also prosecute offences against the Act, such as operating a security business without a licence.  Complaints will then be heard by the Licensing Authority or his Deputy and disciplinary action will be taken such as the suspension of licenses or certificates and the imposition of fines.

16. What are the penalties for not holding a licence or certificate of approval?

An employee working in the security industry without a certificate of approval faces a fine, on conviction, of up to $20,000.

An individual conducting business without a licence faces a fine, on conviction, of up to $40,000.

A company conducting business without a license faces a fine, on conviction, of up to $60,000.

17. Can a decision of the Licensing Authority be appealed or reviewed?

Yes, an unsuccessful applicant can appeal to the District Court against certain decisions of the Licensing Authority.  The requirements for appeals are set out in section 102 of the Private Security Personnel and Private Investigators Act 2010.  There is a further right of appeal from a decision of the District Court to the High Court on a point of law only.

18. If I have a certificate of approval and want to change employers, do I need a new certificate?

No, under the new Act you can change employers and your certificate of approval will still be valid.  Your certificate of approval does not tie you to a specific employer.

19. If I sell my company, can I take my company licence with me to a new company?

No, the licence remains with the company.  Any new Directors of the company would have to be registered as Company Officers.

20. Where can I get more information?

You can email the Licensing Authority at PSPLA@justice.govt.nz, phone 0800 4PSPLA (477 752) or write to the Authority at DX Mail: SX10042, Wellington.

The Private Security Personnel and Private Investigators Act 2010, and its associated regulations, can be accessed at http://www.legislation.govt.nz.

Industry representatives, such as the New Zealand Security Association and Hospitality Association New Zealand, are also good sources of information.

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