NZSA security update – important employment matters

Important employment matters

We would like to bring the following matters to your attention:

Fair Pay Agreements
The Government has announced its plan for FPAs with first agreements targeted for 2022 and likely to cover security workers. The NZSA will actively lobby on behalf of the security industry and coordinate industry representation.

Fair Pay Agreement system
In May 2021, the Government announced the design of the Fair Pay Agreement system. The design was informed by the Fair Pay Agreement Working Group and public consultation, as well as involvement from the New Zealand Council of Trade Unions and Business New Zealand.

A summary of the proposed Fair Pay Agreement system design is below:

Mandate
Unions initiate the Fair Pay Agreement (FPA) process by meeting a representation threshold of support from 10% or 1000 workers in coverage, or a public interest test. If the coverage substantially expands during bargaining, the public interest or 10% representation test will need to be retested.

Coverage
Th initiating union/s must decide which work they want covered. Parties can later agree to change the coverage. FPAs can be an occupational FPA or an industry FPA. If there is an overlap in coverage between the two FPAs, the second one only applies if the workers would be better off overall. Contractors are not currently included, but the government plans to begin work soon to incorporate contracts into the Fair Pay Agreements Act later. Penalties will be applied to employers who try to avoid FPA coverage by misclassifying employees as contractors.

Notification
Employers, unions, business representatives and government will each have a role in notification to reach as many affected parties as possible.

Bargaining parties
Unions will represent employees. Employers will choose representatives who meet specified requirements. The bargaining sides must use best endeavours to represent all those in coverage, including non-members, and to ensure Māori interests and views are effectively represented.

Scope of Agreements
All FPAs must include certain topics like base wage rates, ordinary hours, overtime and penalty rates. Some other topics must be discussed but don’t have to be agreed, like redundancy, leave and health and safety. Other employment terms can be included if the bargaining sides agree.

Flexibility
An FPA can allow for exemptions for businesses if they are in significant financial hardship. An FPA can set regional differences and other differential terms if they comply with the Human Rights Act and minimum employment entitlements. An FPA can set a preferential payment for union members up to a maximum value of their union membership fees.

Active support
Bargaining sides will be supported by training and a government-provided bargaining support person. The government will also contribute up to $50,000 per bargaining side, with additional funds if the side has low rates of membership of a union or industry group. Funding for this support is based on four FPAs per year. If more than four FPAs are initiated support may be rationed and prioritised. The New Zealand Council of Trade Unions and Business New Zealand will each be funded $250,000 per year to support their coordination roles in the FPA system.

Communication
Employees will receive direct updates from unions unless they opt out of communications. Employers must allow employees to attend two, two-hour paid meetings during FPA bargaining. Unions can visit workplaces on FPA business without needing the employer’s consent.

Dispute resolution
If bargaining parties encounter difficulties, mediation will help to resolve them. The Employment Relations Authority can also make recommendations. If bargaining parties reach a stalemate the Employment Relations Authority will set the FPA’s terms by determination.

Vetting
The Employment Relations Authority will vet an agreed FPA to ensure the terms are lawful before it goes to a vote.

Ratification
If bargaining parties reach an agreement, their proposed FPA will need support from a simple majority of both employee and employer voters to be ratified. Employers have one vote per employee in coverage, with slightly higher vote weighting for employers with fewer than 20 employees in coverage. If a first ratification vote fails, parties go back to bargaining. If a second vote fails the FPA goes to the Employment Relations Authority for determination.

Enactment and enforcement
Once finalised, MBIE will make secondary legislation to bring the FPA into force so it will apply to everyone within coverage. People within coverage can enforce their rights through the standard employment dispute resolution system. In addition, the Labour Inspectorate can enforce certain terms of the FPA.

For more information please see the MBIE website.

Introducing new accreditation and single work visa

The Government is introducing a new temporary work visa called the Accredited Employer Work VIsa (AEWV). The Accredited Employer Work Visa will be introduced on 1 November 2021 and will replace six of the existing temporary work visa categories.

Alongside the AEWV a new employer-led system will be introduced that will generally simplify the application process and make it easier for businesses and regions to fill genuine skills shortages when it is clear that there is no New Zealander available to do the job, or who can trained up for the role. Employers will need to be accredited before they can hire a migrant on an AEWV.

Better worker protection
The new 3-check system will help combat migrant exploitation by strengthening requirements on employers. The changes are also important for encouraging employers to focus on ways to train and upskill New Zealanders.

The system will:

  • reduce New Zealand’s reliance on lower-paid temporary workers
  • better address our productivity, skills and infrastructure challenges
  • increase the skill levels of migrants

When to apply for accreditation
Employers only need to be accredited under the new system when they want to start hiring migrants on the new AEWV.

  • Employers will be able to apply for accreditation from late September, ahead of the 1 November 2021 introduction date.
  • Employers that are accredited under the current system will need to apply and meet the policy requirements of the new accreditation system.
  • Employers don’t need to be accredited in the new system by 1 November 2021 if they do not plan to start hiring migrants on AEWV’s at this time.

Businesses employing migrants who hold a current Talent or Essential Skill Visa don’t need to become accredited until they want to hire someone on the new visa.

Transition timings
The following employer policies are closing to new and renewing applications on 30 June 2021:

  • Accredited Employer (Talent – Accredited Employer)
  • Labour Hire Accreditation (Essential Skills)
  • Approval in Principle (Essential Skills), note: this does not include approval in principle for other policies including AIP for foreign crew of fishing vessels.

If employers want to be able to use these statuses up to 1 November 2021, they should apply by 30 June 2021 and consider the processing timeframes available on the INZ website. Employers that only want to hire migrants using the new AEWV should wait and apply under the new accreditation system.

For more information please see the Immigration New Zealand website.

Covid-19 vaccination and employment
Workplaces play a key role in supporting New Zealand’s vaccination campaign, and the rollout of Covid-19 vaccines will likely raise some important employment, workplace health and safety, and privacy questions.

How can my business support the Covid-19 vaccination campaign?
Employment New Zealand encourages all employers to make it easier for their employees to get vaccinated by removing any barriers, such as costs or disadvantage (for example, if travel or time off work is needed). You could:

  • Allow your employees to get vaccinated during work hours, without having to use annual leave or losing pay.
  • Make employees aware of information about vaccination available from the Ministry of Health or District Health Boards.
  • Organise vaccination at your workplace, if asked by the Ministry of Health or a District Health Board.

Can I make my employees get vaccinated?
No. Employers can only require that certain roles are performed by employees who are vaccinated, if the work is covered by a Health Order, or if a risk assessment shows that there is high risk of getting and/or infecting others with Covid-19. There are very few types of work in New Zealand where this would apply.

Can I change my unvaccinated employees’ work arrangement or transfer them to other positions if vaccination is required for their job?
Before considering changes to roles or work, employers should consult with their employees (and their union if one is available), and agree if changes to their work arrangements are possible or desirable. This could include:

  • location
  • hours of work
  • change of duties (e.g. job content)
  • transfer to other positions that no longer pose a high risk

Employers should also consider whether the tasks that require vaccination can be postponed. For example, if an employee can’t be vaccinated (e.g. pregnancy, certain medical conditions or existing medication regimes) then this might mean certain alternative arrangements can be agreed for the short term, with vaccination planned for a later date.

For more information please see the Employment New Zealand website.

From the NZSA team.

Russell McVeagh present Competition Law – an NZSA & ASIS webinar – Monday 10 May at 12.00pm

Russell McVeagh present Competition Law – an NZSA & ASIS webinar – Monday 10 May at 12.00pm

To save the date in your calendar please click here

Russell McVeagh will be presenting a webinar on the laws prohibiting anti-competitive conduct by businesses (being the laws that are contained in the Commerce Act and enforced by the Commerce Commission). This webinar will include an overview of the prohibition on cartel conduct between competitors (which is now a criminal offence subject to imprisonment) and guardrails and tips for NZSA members, and non-members, to protect themselves as individuals, and their businesses, from allegations of, or investigations into, potential breaches of those laws.

Co-presenter – Troy Pilkington
Troy Pilkington is a partner in Russell McVeagh’s Competition and Consumer Law team. Troy advises clients on the full range of competition law issues, including advising on cartel investigations and prosecutions, advising on mergers between competitors and advising on joint ventures and other collaborations between competitors. Troy is one of New Zealand’s best regarded competition lawyers – including being recognised as the exclusive 2019 International Law Office Client Choice Award winner for Competition/Antitrust in New Zealand. He has acted on a number of high profile matters, including the proposed NZME/Fairfax merger in 2016/2017 and proposed mergers involving companies such as Coca Cola Amatil, Spark, Trade Me and others.

Co-presenter – Lina Kim
Lina Kim is a law clerk in Russell McVeagh’s Competition and Consumer Law team. Lina advises clients on a range of competition law issues, including merger control issues, joint venture advice, cartel investigations and market power investigations.

Attendees will be able to ask questions during the webinar.

From the NZSA team.

Join zoom:
https://us02web.zoom.us/j/83825537966?pwd=MWw0TDVSajIxRXVvVXVVcWVpbVUvQT09
Meeting ID: 838 2553 7966
Passcode:   273621

NZSA Newsletter – May 2021

CEO’s REPORT

Welcome to our May 2021 newsletter and I trust that you are keeping safe and well.

It’s always good to see a plan come to fruition, even if the initial delivery is a bit later than originally planned!

In February 2020 we secured a funding grant from the Ministry of Education (MOE) under a programme designed to “provide opportunities for young people to connect to the world of work and explore industry specific careers while in school to enhance their perspectives on vocational education and while you learn pathways”.

The grant was to cover our hosting security career events at 10 lower decile secondary schools throughout the country, starting in July 2020 and concluding June 2021. Unfortunately, Covid and the resulting lockdowns caused an initial delay in scheduling the visits and once schooling did return to some semblance of normal, the focus quite correctly was on assisting students with catching up on their learning and preparation for exams.

Thankfully MOE were happy to hold the funding arrangements over and we were able to commence our security career events during April, albeit with our 10 visits now condensed into a three month window.

During April, NZSA National Manager Training and Employment Services, Andrea Charlton, visited schools located in Whangarei, Hamilton, Rotorua, Palmerston North and Christchurch. The visits were coordinated with the school career advisors and included an introductory presentation and overview of the Security Careers website (www.securitycareers.co.nz), presentations from several member employees talking about their careers and what they enjoy about the security industry, and a demonstration and controlled use of the new Virtual Reality (VR) training platform for the mandatory training.

The reception from those attending was fantastic and with many of the students indicating they would certainly consider security as a viable career option when they complete their schooling. What was also very evident was how the students related to the VR training platform and their natural affinity towards the use of new technology. They were able to pick up and use the headsets without the need for induction and instinctively started to follow and demonstrate the desired actions around positioning, stance and use of de-escalation techniques. I mentioned this to my son-in-law who works in the IT field and he related it to digital natives versus digital immigrants and I know which side I sit on!

I would also like to thank the employees of our members who came along to talk to the students. Their presentations were both inspiring and motivating and it was patently clear that they took great pride and pleasure in their jobs.

Covid-19 vaccine rollout
In our last newsletter I advised that we had been communicating with the Ministry of Health to ensure that security workers (other than those working at the borders and quarantine facilities) were being prioritised in the rollout plan along with other essential service workers.

We were advised at that time that the individual District Health Boards would be overseeing the vaccine programme within their own regions and that indicative plans and timelines would be made available well prior to the proposed rollout during May.

Unfortunately we are now into May and all communication with the Ministry appears to have dried up and we, along with other industry sectors with essential service workers, are operating in a void as to when or even how the rollout will be facilitated. From media reports concerning vaccinating of the elderly there appears to be significant differences in the capability and capacity of the District Health Boards and from some reporting it would appear that some regions may be six to eight weeks behind the original target dates.

We will continue to seek further information on this and will communicate any updates upon receipt.

New Zealand Register of Security Professionals

Our original plan to have the feasibility study on the creation and implementation of a Register of Security Professionals completed by the end of April hit a bit of a snag when the Skills employee conducting the study left his employment to return to his previous employer.

Whilst the feasibility study is near completion, there are some findings and assumptions that require further analysis and investigation and additional questions that need to be researched, so the NZSA Board has determined that the target date for the final report will now be extended to 30 June.

Schedule 1A Employment Relations Act 2000 – Security Officers
Government has passed an Order In Council, with effect 1 July 2021, that will see an extension of Part 6A of Schedule 1A of the Employment Relations Act 2000 to include Security Officers.

Effectively this now means that Security Officers (defined as property guards, monitoring operators, crowd controllers, mobile security patrols and cash-in-transit officers) are recognised as Vulnerable Employees and are given protections when their employment is impacted by restructuring that results in the contract for service shifting to another provider or taken in-house.

In these situations there is an obligation on the new party providing the service to offer employment to the incumbent employees on terms and conditions no less favourable that they currently enjoy. This includes the transfer of leave and service entitlements and also prevents subsequent restructuring such as reduced hours or payments.

Based on the experience of other industry sectors covered by Schedule 1A, it is very probable that this will have a significant impact onto those providing personnel security services. MBIE have advised that they will be preparing guidance material for distribution prior to the Order coming into effect on 1 July. We have also been working with our counterparts at the BSCNZ (Building Service Contractors NZ) to get an understanding of the issues likely to be faced and to ensure that we have template documentation and reports ready to rollout to assist our members once the MBIE materials are received.

Watch out for more communications on this matter. You can view information about this topic on the Employment website.

Media reports of licensed gang members
Over recent months there have been several reports in the media with regards to gang members being employed unknowingly by security providers. This obviously raises questions about the effectiveness of licensing checks and in particular, what measures can be taken to restrict the ability of gang associates who do not hold convictions (often referred to as clean skins) to obtain a certificate of approval.

I can advise that our Registrar is well aware of the concerns and has been working closely with the NZ Police to ensure processes and communications are as stringent and robust as possible and this is evidenced by an increasing number of Police objections to licence applications and in declined applications.

It is also important to note that security providers have an important role to play in this area. Where an employer becomes aware of an individual who holds a certificate of approval but does not meet the qualifying criteria for a fit and proper person, there is a moral obligation on them to lodge a complaint with the PSPLA seeking removal of the individual’s licence (certificate of approval).

The complaint process is not particularly onerous and can be done online with the PSPLA, however where the employer would prefer to maintain their anonymity (complainants details are disclosed) I am happy for them to forward the information and any supporting evidence to my attention and I can file the complaint under my name.

Virtual Reality Security Training Plaform
As advised in our last newsletter, the VR Security Training Platform has been jointly developed by JBA (Joy Business Academy) and NZSA in partnership with MSD and will form a key component of the wider SkillsVR offering being developed in conjunction with MSD.

Over the last few weeks we have seen our first learners successfully complete their mandatory training through the platform and with our first two security providers signed up, learner volumes will be scaled up during the coming months.

For further information on the SkillsVR Security Training Platform or to arrange a live or online demonstration, please contact Chris Thomas on 021 771 173 or [email protected].

PSPLA and workplace investigations
A recent legal decision has ruled that consultants offering workplace investigation services must be licensed as private investigators under the PSP&PI Act unless they hold another equivalent accreditation. Those conducting in-house investigations are also exempt.

Under the Act, any person or business that takes money to obtain and supply information (other than that in public records) relating to the character, actions or behaviour of others, is deemed to be a private investigator and this potentially has significant impact on those in the employment, health and safety sectors.

Special Interest Groups (SIGs)
Both the Security Training and Professional Development SIG and the Crowded Places Strategy SIG have been active over recent months and whilst neither have significant developments to announce at this time, they provide an important conduit for the NZSA in tapping into the experience and knowledge that sits within our industry, and in ensuring that we continue to focus on the issues that are important to our stakeholders.

For the Security Training and Professional Development SIG, one of the highest priorities for this year will be looking at how we can raise industry standards by improving the quality, accessibility and uptake of industry training and with a greater awareness of literacy and numeracy competency, and ways that we can assist in improving this, as a critical part of the process.

Given that the Crowded Places Strategy SIG was only formed earlier this year, the immediate focus is on determining the structure of the group and how we will interact with government agencies, clearly defining our mission and objectives and capturing a concise overview of our initial group discussions.

If you have a particular interest in either the Training or Crowded Places sectors and feel that you can add value to the groups, please contact me on [email protected] or 021 122 9606 for more information.

Employment Relations Authority decision warning
In March of this year the NZ Herald reported a recent controversial ruling by the Employment Relations Authority that unless overturned could have major ramifications for many employers, including those in the security industry.

The ERA decision found that Restaurant Brands had unjustifiably dismissed Dilshaad Gill from his job as assistant general manager of one of its restaurants. Restaurant Brands was ordered to pay Mr Gill $18,000 for hurt and humiliation.

Restaurant Brands had helped Mr Gill apply for an employer-assisted work visa in 2017, which expired in March 2019. It told him to reapply for his position when his visa was close to expiry, then said he was unsuccessful because they had offered the job to a New Zealand citizen. Their decision was inline with immigration law, which requires that employers only offer jobs to those on skilled visas if they can prove there are no New Zealanders available and capable to fill the job. If they had simply reapplied for Mr Gill’s visa they would have breached immigration law.

The ERA determined however that Mr Gill was a permanent employee and Restaurant Brands should have gone through the visa process with him or should have told him sooner that they were not supporting his application.

Restaurant Brands have appealed the decision and we will monitor progress and communicate the outcome.

As always, we welcome all comments and feedback on NZSA or industry issues and activity.

 

Keep safe and well.

Gary Morrison
CEO

 

 

New Zealand Security Awards

20 August 2021 – Christchurch Town Hall

This year’s Awards ceremony will be held in Christchurch on Friday 20 August. Make sure you save the date!

We are pleased to confirm Gallagher as our Event Sponsor but we have other sponsorship options available and would welcome discussion with parties interested in sponsoring the Awards. Please contact Gary on [email protected] or 022 122 9606 or Tacia on [email protected] or 027 381 7724.

We will notify via email regarding nomination and registration dates. If you know of anybody who doesn’t receive our newsletter but would be interested in nominating someone for the Awards they can subscribe on our website.

 

NZSA Webinar

Monday 10 May – 12.00 to 1.00pm

Russell McVeagh will be presenting a webinar on the laws prohibiting anti-competitive conduct by businesses (being the laws that are contained in the Commerce Act and enforced by the Commerce Commission). This webinar will include an overview of the prohibition on cartel conduct between competitors (which is now a criminal offence subject to imprisonment) and guardrails and tips for NZSA members, and non-members, to protect themselves as individuals, and their businesses, from allegations of, or investigations into, potential breaches of those laws.

Co-presenter – Troy Pilkington
Troy Pilkington is a partner in Russell McVeagh’s Competition and Consumer Law team. Troy advises clients on the full range of competition law issues, including advising on cartel investigations and prosecutions, advising on mergers between competitors and advising on joint ventures and other collaborations between competitors. Troy is one of New Zealand’s best regarded competition lawyers – including being recognised as the exclusive 2019 International Law Office Client Choice Award winner for Competition/Antitrust in New Zealand. He has acted on a number of high profile matters, including the proposed NZME/Fairfax merger in 2016/2017 and proposed mergers involving companies such as Coca Cola Amatil, Spark, Trade Me and others.

Co-presenter – Lina Kim
Lina Kim is a law clerk in Russell McVeagh’s Competition and Consumer Law team. Lina advises clients on a range of competition law issues, including merger control issues, joint venture advice, cartel investigations and market power investigations.

We will send out an invite next week and you can join via the NZSA zoom link.

 

Secintel Security Situation Report

NZSA member Global Risk Consulting (GRC) have recently launched their Secintel System that provides a comprehensive national threat and risk assessment platform. The system provides a good level of understanding as to what is happening in our communities, and across areas of importance to security providers such as criminality, civil unrest and armed conflict, or commonly known as the security operating environment.

GRC have kindly offered to make the Secintel Security Situation Report for Q4 2020 available to NZSA members. Please see the attached Report.

For more information on the Secintel System, please contact Chris Kumeroa on [email protected].

 

NZSA member referral – strength in numbers

NZSA’s membership has grown strongly over the past year and each new member not only strengthens the Association and the security community, it also enables us to provide you with more benefits and services and a greater voice for the industry. So help grow your community and strengthen your Association by referring a prospective new member.

To refer a prospective member please email details to [email protected]. For details on member benefits please see the NZSA website.

Women & Leadership Scholarships

Scholarships of up to $5,000 available for women in the security sector

To encourage more women to step into leadership roles across the security sector, Women & Leadership New Zealand (WLNZ) is offering scholarships for three leadership development courses. The current round of scholarship funding must be allocated by the end of June.

To find our more and register your interest prior to 18 June please visit the WLNZ website.

 

Face masks available

The NZSA has obtained from the Ministry of Health face masks from government stocks. These masks are Ministry of Health approved for essential services.

The masks are available to order in boxes of 50. The price of one box is $50 + gst plus the cost of delivery to your premises.

If you would like to place an order can you please email us at [email protected] with your requirements.

Member Benefits

NZSA Speak Up Line

The NZSA Speak Up Line is free to members and provides access to a confidential service where staff can report issues such as bullying, sexual harassment, poor employment conditions, illegal practices such as theft or drug dealing and other matters of concern that may be occurring in the workplace and not being reported.

Phone                 0800 775 775

Online reports     www.integrityline-nz.org

The NZSA will provide posters, business-sized card to go into wallets, stickers and introductory letters for your staff. They are designed for members to include their own corporate branding prior to distribution.

The service is particularly valuable where employees may be reluctant to speak up or report matters due to fears that by doing so it may affect their employment or risk further victimisation.

It is also important to note that such services meet government procurement requirements around providing a voice for staff.

This service is provided by Crimestoppers who obviously have considerable experience in handling sensitive calls in a confidential manner. They log the calls or online reports and forward to the NZSA for further investigation if required. The staff member can remain anonymous if they wish to do so.

Register for the NZSA Speak Up Line by emailing [email protected] If you have any questions please don’t hesitate to contact us.

 

NZSA HR Advisory Service

NZSA is partnered with Livewire HR to provide access to free HR advice as well as templated key documents and policies.

There are testimonials below from some members who have utilised the service:

“We have used Livewire for a while now and the documents are great to use and easy to download and save. We have implemented some policies based on the designed ones here and have good responses from our team. We will continue to use them for a long time to come. Would highly recommend.”

“I had a very good experience with Livewirehr, especially with Rebecca. She was approachable and patient with our questions. The advisory service is a big help and I would recommend using this great service”.

“When we had inquiries the response was very quick and super helpful. Some the security companies do not have a big HR team or Lawyer team and this is such a great service to use if something out of the ordinary appears and you want to be sure you are working within the regulations.”

Call           HR LIVE (0800 475 483)

Email         [email protected]

 

Money, is it the only way to motivate your team?

– an NZSA HR Advisory Service update

Minimum wage is going up again! Which raises an interesting question, how do you keep those in your team, who are already being paid above minimum wage, motivated with the ever-decreasing pay gap? Many small businesses are already working hard to afford the increased minimum wage, and to maintain the differential for those above minimum wages would mean paying them 5.8% more. For many, doing this is simply unaffordable.

So how do you retain those experienced and loyal employees? To read further please see the LivewireHR blog.

If you have any workplace questions, the NZSA HR Advisory service can assist.

Phone:     HR LIVE (0800 475 483)

Email:       [email protected]

 

Membership

We welcome the following new Corporate Member:

 

Southern Cross Group Limited

 

Events

NZISF breakfast meeting

13 May 2021

Topic:  DDoS: lessons from the war room

Ransom notes, innovative attacks, stock exchanges being disrupted, spy agencies, war rooms…….this sounds like a bad movie plot, not what you would expect to happen in New Zealand!

This talk covers a defenders experience and the lessons you can learn protecting a range of NZ financial institutions from an effective and sustained DDoS campaign. It will dive into the risks you face operating web facing services, the cost to run attacks and what you can do to prepare for an attack and effectively defend yourself.

When:  Tuesday 13 May at 7.15am

For more information and to register click here

 

NZSA CEO regional visits

The regional visit programme was introduced four years ago as a way to ensure our members and non-members had the opportunity to meet with the CEO on a regular basis, to keep up with industry developments and to provide feedback on pertinent issues. The regional visits originally comprised breakfast or After 5 collective meetings but have evolved to the current one-on-one meetings at the member, or non-members, place of business. If you would like to meet with Gary please contact him on 021 122 9606 or [email protected].

5-7 May                – New Plymouth, Whanganui and Palmerston North

23-24 June           – Hawkes Bay

7-8 July                – Rotorua and Taupo

18-19 August       – Christchurch

9-10 September  – Whangarei and Northland

6-7 October         – Blenheim and Nelson

10-12 November – Dunedin, Invercargill and Queenstown

7-8 December     – Hamilton and Tauranga

NZSA Security Update – PSPLA and Workplace Investigations

Licensed to investigate?

A bombshell legal decision has ruled that consultants offering workplace investigation services must be licensed as private investigators unless they hold another equivalent form of accreditation.

After hearing a complaint about the way a consulting company handled an investigation into alleged workplace misconduct, the Private Security Personnel Licensing Authority, Trish McConnell, found the company had been in breach of the Private Security Personnel and Private Investigators (PSPPI) Act because neither it nor its investigators had been appropriately licensed during the 2019 investigation (NZPSPLA, 4 June 2020).

She ruled, however, that this failure did not warrant prosecution because it had been inadvertent and was the result of a widespread belief among employment investigators that they were not required to comply with the legislation. The two investigators who did the work now both hold practicing certificates as lawyers, and McConnell concluded that this was sufficient to exempt them from any additional licensing requirements.

Under the PSPPI Act, any person or business that takes money to obtain and supply information (other than that in public records) relating to the character, actions or behaviour of others, is deemed to be a private investigator, McConnell said. The work done by the consultant company was of this nature, with most of it relating to allegations of bullying, sexual harassment and other inappropriate workplace behaviour.

Responding to submissions from the company that the legislation was not intended to apply to work of this type, she acknowledged that employment investigators may not have been specifically considered when the law was enacted, but said the definition of private investigator in the act was “clearly intended … to cover all people in the business of carrying out investigations into a person’s character, actions, or behaviour [which] is an integral part of an employment investigator’s work.”

She also rejected the company’s claim that because employment investigators do not use covert surveillance, they should not be regarded as private investigators.

“Covert surveillance is not part of the definition of the work of a private investigator as set out in the act,” she said, noting that the term “private” was intended to distinguish the investigators covered by the act from those employed by the police and other government agencies.

She concluded that at the time of the investigation the company should have held a private investigator’s licence, and its failure to do so was a breach of the PSPPI Act.

The two individuals conducting the investigation should also have had certification under the act, but she accepted the company’s argument that the practicing certificates they now hold under the Lawyers and Conveyancers Act are enough to exempt them from the need for future certification, because the act allows exemptions for those authorised to carry out security work under alternative professional frameworks.

McConnell said a legal practicing certificate meets the stipulated requirements for such regimes in that it has a robust complaints procedure and requires appropriate levels of training and ethical standards of behaviour. “Even if [the company] had not become an incorporated law firm, I would not have recommended prosecution … but would have allowed them time to rectify the situation.”

 

Investigators: no quick fix?

Employment lawyer Kathryn McKinney agrees that there are as yet no clear-cut answers as to the types of professional accreditation that will satisfy PSPPI Act requirements, and says further case law may be the only way to provide certainty about which professional accreditations qualify for exemptions under the act.

McKinney, who heads the employment team at Anthony Harper, told Safeguard she has had a number of clients raise questions about what the determination means for them, and advises those in doubt to err on the side of caution.

“Firstly, it must be remembered that employers can always conduct their own internal investigations, as long as they can do so with sufficient independence,” she says.

Those wanting to use external providers must understand that any individual or organisation that seeks or obtains information relating to the character, actions or behaviour of others in exchange for payment must hold a licence under the act, unless their work is done in accordance with a practicing certificate issued under a different enactment.

The challenge, it seems, lies in determining what alternative practicing certificates are acceptable.

As a starting point, McKinney notes the three characteristics that the Private Security Personnel Licensing Authority considered when determining that those accredited under the legal practitioner system are exempt from the PSPPI Act licensing regime. These were:

  • The availability of a strong, comprehensive complaints process;
  • Training and ethical requirements comparable to those of private investigators; and
  • The presence of ethical guidelines for the management of any conflicts of interest.

“If we apply these tests to practitioners in industries such as health and safety, it will be a circumstantial test, depending on the professional body concerned and its internal policies.”

She notes the fact that there is, as yet, little subsequent case law dealing with the issue, makes it difficult to provide general advice on how the tests should be interpreted.

“We would advise independent investigators to err on the side of caution. If they are not confident that the exemption applies to them they should seek legal advice or submit an application for a licence under the PSPPI Act.”

According to the PSPLA website, those seeking a licence must supply evidence of training and/or competency and pay a fee, which will not be refunded if the application is withdrawn or rejected. The fee is $750 for an organisation, plus an additional $200 for each employee who carries out investigations. Employee certification is renewable every five years. A sole trader must pay a licence fee of $600.

McKinney says an individual found to be conducting investigations without an appropriate licence can be fined of up to $40,000, while a similar breach by an organisation has a possible fine of up to $60,000. Investigations conducted by those without appropriate licences may also be open to challenge on the grounds of invalidity, she says.

 

Investigators: seeking answers

NZISM president Robyn Bennett says the PSPLA decision has significant ramifications for the health and safety industry because it leaves a lot of unanswered questions around the legal status of those who undertake investigations and audits on behalf of others.

These questions, she says, not only pertain to those providing health and safety investigations as part of a consultancy service, but also to organisations seeking support from external auditors and assessors.

“When might private investigator licensing be required by those whom they wish to engage?” she asks.

Complicating matters is that fact that the work history, membership, training and evidence requirements for those seeking to be licensed as private investigators don’t align well with professional standards for health and safety, she says.

“As this not only affects NZISM but all related associations, we’ve asked HASANZ to take the lead in this to provide some definitive answers that will assist all parties.”

She says HASANZ will seek a legal opinion and will look to clarify aspects of the PSPLA decision with Minster of Justice Kris Faafoi.

“We don’t think we should try and interpret this for ourselves, given that the work health and safety people do is varied and complex.”

NZ Security Association Newsletter – March 2021

CEO’s Report

Welcome to our March 2021 newsletter and I trust that you are keeping safe and well.

The news that we were going back into lockdown restrictions (Level 3 for Auckland and Level 2 for the rest of the country) necessitated a quick re-write of this commentary given my earlier draft had celebrated the easing of restrictions!

Everyone has their personal views on the “go hard go fast” strategy and the effectiveness of closing off the extended Auckland region in response to localised positive tests, however there is no escaping the economic cost to the country when locking down the commercial hub that generates in excess of 40% of our GDP.

It is very apparent that border closures will be with us for some time and that there will be a long-lasting and severe impact on sectors such as tourism and hospitality and the industries that service them. Thankfully, most of our members have reported strong demand for their services and have come through the pandemic without significant impact, however we are very aware that some are still doing it tough and remain in survival mode.

Given that we are in our annual process of renewing membership, we appreciate that cost control will be an issue for some and remind members that the annual fee can be paid over equal monthly instalments, but also welcome members to give me a call and discuss options, such as deferred membership, that may assist financially.

 

Launch of SkillsVR Security Training Platform

We are very pleased to announce that the SkillsVR Security Training Platform has successfully completed the moderation process and can now be delivered to candidates seeking to complete the mandatory training required for obtaining a Certificate of Approval (COA). The training will be delivered by an approved and accredited training provider that we are partnering with however the delivery model also provides flexibility for delivery by other accredited training providers who wish to utilise the platform.

The SkillsVR Security Training Platform has been jointly developed by JBA (Joy Business Academy) and NZSA in partnership with MSD and will form a key component of the wider SkillsVR offering being developed in conjunction with MSD. As part of this offering, MSD clients will soon be able to visit a number of Connected MSD offices where they will be able to use the virtual reality headsets to experience real life work scenarios across a range of industries and identify roles that fit their future employment aspirations. There will be 38 face-to-face Connected drop-in centres across the country that will include website and communication access and aim to make it easier for New Zealanders to find employment, education and training services and types of support offered by government agencies.

Prior to the formal launch of the SkillsVR Security Training Platform with MSD, we will commence delivering the COA training to our MSD clients through the Skills for Industry programme and NZSA members during March. This will be delivered via a combination of e-learning for Unit Standards 27360 and 27364 and virtual reality for Unit Standard 27361. The e-learning modules provide total flexibility with regards to location, venue and timing from a learner perspective and the virtual reality is delivered from a simple headset that can either be purchased or hired at low cost with a one-day turnaround.

For further information on the SkillsVR Security Training Platform or to arrange a live or online demonstration, please contact Chris Thomas on 021 771 173 or [email protected].

 

MSD Skills for Industry programme – inclusion of COA training

In conjunction with the implementation of the SkillsVR Security Training Platform, we are pleased to advise that within the next month all MSD candidates referred to our members for employment under the Skills for Industry (SFI) Work Broker programme will have completed the COA training via the SkillsVR Security Training Platform and will have their COA’s when commencing employment.

The NZSA will cover the cost of the training and our members will further benefit from being able to interview and employ well trained and work ready candidates.

 

Crowded Places Security Special Interest Group (CPSSIG)

Late last year the New Zealand Government Protecting our Crowded Places strategy documents were released.

The strategy has been developed to protect people working in, using and visiting crowded places and with the intent of preserving the public’s use and enjoyment of these places while making them more resilient.

There are four overarching strategies:

  • Building stronger partnerships
  • Implementing effective protective security
  • Establishing better sharing of information and guidance
  • Increasing resilience

It has been recognised that the private security industry has a key role to play in the implementation and delivery of these strategies – both through participation in the to-be-established Business Advisory Group and also in an advisory role to the owners and operators of venues, events and other crowded places when seeking guidance on protective security and building resilience.

The NZSA recently hosted a Crowded Places Security Forum involving specialist consultants and security providers, venue and event operators and the NZ Police to discuss how we can further strengthen and professionalise the services offered and create career pathway opportunities for those looking to specialise in this area.

As an outcome, we have established the Crowded Places Security Special Interest Group (CPSSIG) which will provide specialist industry representation and guidance on matters such as determining the competency criteria that should be utilised when determining those parties who are qualified to provide expert advice on crowded places security.

Participation in the CPSSIG is open to those who have a strong interest and expertise within the crowded places arena (and including non NZSA members). If interested plase contact Gary on [email protected] for more information.

 

Covid-19 vaccine rollout

Whilst the Covid-19 vaccine rollout is underway for security staff working at the MIQ’s and other frontline roles, the government has yet to publish any formal rollout plan for other essential service workers.

With the assistance of the association representing commercial cleaners in New Zealand, we have been able to establish a relationship with the Ministry of Health that will allow us to have cleaning and security staff recognised as priority essential service workers on the regional rollout plan.

We are currently in the process of establishing and providing indicative staff numbers across the 14 District Health Board regions that will oversee the vaccine programme and once we receive indicative plans and timelines we will be able to communicate these to our members.

 

Security career pathway website

Thank you to all those members who have provided feedback on the new website www.securitycareers.co.nz.

The feedback has been extremely positive and our viewing statistics have continued to increase – including a surprisingly high number of views from overseas.

Over the next few months we will be launching an initiative targeting school career advisors and using both the security careers website and the virtual reality training platform as key differentiators from other industries when looking to encourage new entrants into the security industry.

 

Security Technician Level 4 qualification

It is very pleasing to advise that not only is the New Zealand Certificate in Electronic Security (NZCiES) Level 4 qualification in place and being delivered, but also the uptake of registrations has exceeded expectations.

Those gaining this qualification will be recognised as qualified security technicians able to supervise staff on mid to large sized projects, create electronic security solutions for customers as well as provide site-wide leadership and manage relationships with stakeholders.

Learners doing the core certificate in electronic security also have the option to enrol in one of the following strands:

  • Electrical appliance service person (endorsed)
  • Electrical installer

The qualification covers topics such as:

  • Professional and technical knowledge for emerging and converging technologies
  • Advanced health and safety
  • Installation and cable support systems
  • Theory of electronic security system design
  • Theory and development of data networking to support electronic security systems
  • Advanced application of stakeholder engagement principles
  • Diagnosis and repair of faulty electronic security systems
  • Develop solutions for electronic security intruder alarm systems

This course also qualifies for the Government Fees Free policy until December 2022 for New Zealand residents – refer www.feesfree.govt.nz.

For more information please contact Carine Vaccari at ETC on 022 568 6671 or [email protected].

 

End of copper network

Telecommunication providers have been providing advance warning that copper phone lines are going to be removed, and with many exchanges already operating VOIP circuits for subscriber “analogue” phone lines, this will impact on a significant number of parties who still have their alarms monitored via copper. Chorus have recently confirmed that they will start shutting down its copper phone network from September this year.

We would recommend that monitoring providers should have plans in place for alternative communication pathways prior to cessation of the copper network.

 

New Zealand Register of Security Professionals

In our last email we mentioned that the NZSA is conducting a feasibility study on the implementation of a Register of Security Professionals that could sit alongside our licensing authority or potentially even replace the PSPLA.

As part of the feasibility study we have consulted with a range of stakeholders including service providers, training providers, unions and industry customers and as the final part of the process we will also seek input and feedback from our Registrar and Ministry of Justice.

Key factors for us in determining the long term viability of the proposal will centre around the need to provide quantifiable benefits for those who utilise the register (the “what’s in it for me” question) and the ability of industry to effectively and efficiently self-manage the administrative processes required.

We expect to finalise the feasibility study within the next month and will provide an update within the next newsletter.

 

Increase in minimum wage

A reminder that the minimum wage increases to $20 per hour effective 1 April 2021.

 

As always, we welcome all comments and feedback on NZSA or industry issues and activity.

Keep safe and well.

Gary Morrison

CEO

 

NZSA – 1972 to 2022 – 50th anniversary!

Calling for members prior to 1984. We will be celebrating the 50th anniversary of the NZSA in 2022 and we would like to obtain some memorabilia, photos and also some stories about the early members. As our records don’t go back prior to 1984 it would be great if you could contact us and let us know if you were an early member or have access to memorabilia and photos from 1972 onwards. Please contact [email protected].

 

Face masks available

The NZSA has obtained from the Ministry of Health face masks from government stocks. These masks are Ministry of Health approved for essential services.

The masks are available to order in boxes of 50. The price of one box is $50 + gst plus the cost of delivery to your premises.

If you would like to place an order can you please email us at [email protected] with your requirements.

 

Member Benefits

NZSA Speak Up Line

The NZSA Speak Up Line is free to members and provides access to a confidential service where staff can report issues such as bullying, sexual harassment, poor employment conditions, illegal practices such as theft or drug dealing and other matters of concern that may be occurring in the workplace and not being reported.

Phone                 0800 775 775

Online reports     www.integrityline-nz.org

The NZSA will provide posters, business-sized card to go into wallets, stickers and introductory letters for your staff. They are designed for members to include their own corporate branding prior to distribution.

The service is particularly valuable where employees may be reluctant to speak up or report matters due to fears that by doing so it may affect their employment or risk further victimisation.

It is also important to note that such services meet government procurement requirements around providing a voice for staff.

This service is provided by Crimestoppers who obviously have considerable experience in handling sensitive calls in a confidential manner. They log the calls or online reports and forward to the NZSA for further investigation if required. The staff member can remain anonymous if they wish to do so.

Register for the NZSA Speak Up Line by emailing [email protected] If you have any questions please don’t hesitate to contact us.

 

NZSA HR Advisory Service

NZSA is partnered with Livewire HR to provide access to free HR advice as well as templated key documents and policies.

There are testimonials below from some members who have utilised the service:

“We have used Livewire for a while now and the documents are great to use and easy to download and save. We have implemented some policies based on the designed ones here and have good responses from our team. We will continue to use them for a long time to come. Would highly recommend.”

“I had a very good experience with Livewirehr, especially with Rebecca. She was approachable and patient with our questions. The advisory service is a big help and I would recommend using this great service”.

“When we had inquiries the response was very quick and super helpful. Some the security companies do not have a big HR team or Lawyer team and this is such a great service to use if something out of the ordinary appears and you want to be sure you are working within the regulations.”

Call           HR LIVE (0800 475 483)

Email         [email protected]

 

Business Continuity Planning

NZSA is partnered with BCP Builder to provide access to a free Business Continuity Plan Template.

Members who join BCP Builder will be able to create their own personalised Business Continuity Plan following the simple instructions and training available through the BCP Builder website.

BCP Builder is based on the Business Continuity Institute Good Practice Guidelines and the requirements of ISO 22301. This means you can write your plan with confidence, knowing that you are meeting all requirements.

Members can request a BCP Builder discount code by emailing [email protected] This will give you access to a free BCP Builder subscription to prepare your business continuity plan. Please note that this benefit is available for corporate and associate company members only.

 

90 day trials – an NZSA HR Advisory Service update

90-day trial periods can be useful for both employees and employers in ensuring that the role and the organisation’s culture are a fit.

If an employer correctly dismisses an employee during a valid trial period then the employee cannot bring a personal grievance for unjustified dismissal or other legal proceedings in respect to that dismissal.

For more information about 90-day trials please see the LivewireHR blog.

If you have any workplace questions, the NZSA HR Advisory service can assist.

Phone:     HR LIVE (0800 475 483)

Email:       [email protected]  

 

Membership

We welcome the following new Corporate Members:

GRM Consulting Ltd

October Protection Christchurch Ltd

 

and the following new Associate Individual member:

Samitha Kodikara

 

Events

A values-based journey towards patient and staff safety at Auckland District Health Board

Webinar – 22 April 2021

This webinar, presented by Sue Ramsay (Director of Security Services at Auckland DHB) and Kimberley Newman (Workplace Violence and Aggression Prevention Advisor at Auckland DHB) will describe the journey that Auckland District Health Board undertook in improving patient and staff safety with the implementation of Crisis Prevention Institute Management of Actual and Potential Aggression Foundation Program (MAPA).

The webinar will highlight the positive impact the program had on the reduction of restraints and incidents through clinical data and testimonials by staff and patients.

When:  Thursday 22 April at 12.00-12.45pm

To register click here

 

NZSA CEO regional visits

The regional visit programme was introduced four years ago as a way to ensure our members and non-members had the opportunity to meet with the CEO on a regular basis, to keep up with industry developments and to provide feedback on pertinent issues. The regional visits originally comprised breakfast or After 5 collective meetings but have evolved to the current one-on-one meetings at the member, or non-members, place of business. If you would like to meet with Gary please contact him on 021 122 9606 or [email protected].

23 April                 – Wellington

5-7 May                – New Plymouth, Whanganui and Palmerston North

23-24 June           – Hawkes Bay

7-8 July                – Rotorua and Taupo

18-19 August        – Christchurch

9-10 September   – Whangarei and Northland

6-7 October         – Blenheim and Nelson

10-12 November – Dunedin, Invercargill and Queenstown

7-8 December     – Hamilton and Tauranga

 

New Zealand Security Awards

20 August 2021

Christchurch Town Hall

This year’s Awards ceremony will be held in Christchurch on Friday 20 August. Make sure you save the date!

NZSA Security Update – Guidelines update, face masks & events

Update to Security Industry Good Practice Guideline

The Security Industry Good Practice Guideline was developed and launched by the NZSA last year as an industry resource providing operational and health and safety standards for all New Zealand companies operating in the guarding and security patrols sectors.

With the assistance and input from a working group, including event security providers and event and venue hosts, the NZSA has developed additional sections specific to guidance on Crowd Controller roles and duties and providing security for Events, Venues and other Crowded Places.

The additional sections are aligned with the recently issued Protecting our Crowded Places from Attack: New Zealand’s Strategy programme and the various resource tools.

The amended copy of the Good Practice Guideline, including the new sections, can now be downloaded from the NZSA website www.security.org.nz.

 

Face masks available

The NZSA reminds all members that they should be carrying a sufficient stock of face masks and other PPE to cover any potential imposition of lockdowns on either a regional or national level.

The NZSA can supply face masks from the Ministry of Health, these masks are approved for essential services.

The masks are available to order in boxes of 50. The price of one box is $50 + gst plus the cost of delivery to your premises.

If you would like to place an order can you please email us at [email protected] with your requirements, delivery address and contact details.

 

Event – Securing NZ’s Borders, Facilities & Public Spaces

13-14 April 2021

Vodafone Events Centre, Auckland

Attend to receive essential updates on the latest developments in safety and security. Hear from a wide range of experts from across police, law enforcement, government, legal, sports, venue operators, risk management and the security industry.

NZSA Members and recipients of this email are entitled to a 20% discount if you book before 19 March. To qualify enter the promotion code MFOC4G when booking on the Conferenz website

Topics will cover:

– Security at national and civic level – funding, collaboration and strategy

– Border quarantine and managed isolation facility security review

– Harnessing the benefits derived from the ability to share information

between agencies

– Reviewing the NZSA New Zealand Security Industry Good Practice

Guidelines

– Protecting crowded places from attack – New Zealand’s strategy

– Threats to national security posed by social media

– Mastering the art of profiling – managing indicators of potential offenders

– Cyber attacks on public infrastructure

– Building safer cities through innovative architectural design

– Legal clinic: maintaining public safety within legal parameters

– Emergency services and first responders – engaging with the first line of

response

– Dealing with disaster – how government and local councils react to tragic

incidents

To register please visit the Conferenz website.

NZSA Security Update – Waitangi Day 2021 – top seven employment tips you need to know

This year, Waitangi Day falls on Saturday 6 February and is observed on that day or Monday 8 February. Here are seven items you need to know about rights for employees and obligations for employers.

1. Mondayisation for Waitangi Day
This year, Waitangi Day falls on a Saturday. This means that that this holiday is moved to the following Monday, which is  Monday 8 February.

2. Requirement to work on Waitangi Day
If your employee normally works on Waitangi Monday 8 February you can only make the employee work or be available on the Monday 8 February, if:

  • the requirement to work on public holidays is written in their employment (contract), or
  • there is an availability clause and the employee is paid fairly to be available.

Otherwise, an employee does not have to agree to work or being available during Waitangi Monday.

3. Payment for working a public holiday
Employees must be paid for Waitangi Day, if they normally work on Saturday 6 February or Monday 8 February. If they don’t normally work on these particular days, they don’t need to be paid for Waitangi Day.

Any employee (including a casual employee) who agrees to work on the Waitangi Saturday must be paid time and a half for all hours they work. Any employee (including a casual employee) who agrees to work on Monday 8 February and has not worked on Saturday 6 February, must be paid time and a half, if Monday is a day that they normally would work. If an employee works on both Waitangi Saturday 6 February and Monday 8 February, they only get paid time and a half for one of the days. (See item 4 below).

In addition, if the Waitangi Saturday or Monday falls on a day an employee would normally work on the Saturday or Monday, then the employee who works is also entitled to a paid day off at another time (called an alternative holiday or day in lieu).

Even if an employer closes their business on 6 February and/or 8 February, they still have to pay the employees their entitlements for the public holiday. If the employer closes their business on both days, they cannot make their employees take annual leave on one of the days, unless the employer has given the employee 14 days’ notice.

Public holidays

4. Giving an employee Waitangi Day entitlements:

  • If an employee normally does not work on Waitangi Saturday, they get the public holiday on the Mondayised Waitangi Monday.
  • If an employee would normally work on the Waitangi Saturday if it was not a public holiday, then they will get their holiday entitlements on that Saturday.
  • If an employee does not normally work on the Waitangi Saturday, but works on the Mondayised Waitangi day, then their holiday entitlement is transferred to the Waitangi Monday.
  • If an employee does not normally work on Saturday or Monday, they only get paid their normal wage.

Public holiday falls on Saturday

 

5. Sick or bereavement leave on Waitangi Day
When an employee would have worked on a public holiday but is sick or bereaved, the day is treated as a normal paid public holiday and:

  • the employee would be paid their relevant daily pay or average daily pay, but would not be entitled to time and a half or an alternative holiday.
  • no sick or bereavement leave is deducted.

Pay for public holidays, sick and bereavement leave and alternative holidays

6. Waitangi Day and annual holidays
If the employee is in the middle of their annual holidays during Waitangi Day, and Waitangi Saturday or Monday is a day they normally work, they will get paid for one Waitangi holiday, and this is not deducted from their annual holidays. (See item 4 and note this is a must and cannot be contracted out of).

7. Requests for annual holidays
Sometimes employees will request to extend Waitangi Day with annual holidays. Employees are entitled to 4 weeks’ annual holidays each year when they have worked for their employer for 12 months. Prior to the 12 months, an employer may grant annual holidays in advance at their discretion. If an employee wants to take entitled annual holidays, the employer can’t unreasonably refuse. An employer can say no if an employee wants to take annual holidays in advance.

Taking annual holidays

More information
Employment New Zealand has a wealth of information about leave holidays and other employment rights and responsibilities.

 

From the NZSA team.

NZSA Security Update – RFP Earthquake Commission – National Guarding Services

Appreciating that tenders at this time of year can be missed we would like to notify members that the Earthquake Commission is seeking proposals for National Guarding Services. Details can be found on GETS, RFX number 23853396 and with closing date 15 February.

We note that NZSA Accredited Membership is a mandatory requirement for tendering.

From the NZSA team.

NZSA Newsletter – January 2021

CEO’s Report

Welcome to our January 2021 newsletter.

I trust that your Christmas and New Year have gone well.

Recent events around the world have highlighted how fortunate we are to be able to conduct business and go about our everyday lives with some normality.

Whilst the planned roll-out of the Covid vaccine is fantastic news, the reality is that the impacts, both in health and economic terms, will be with us for a considerable period and 2021 is likely to be a challenging year for many individuals and businesses.

As always, we will strive to assist our members with timely and relevant guidance and communications and to work with our stakeholders in further lifting standards and professionalism within the security industry.

I also look forward to the re-implementation this year of our Regional Visit programme and the chance to meet our members in their own business. This is a great chance for me to better understand your business and to discuss those issues that are most important to our members. Details of the Regional Visit programme will be made available shortly.

Security career pathway website
The new NZ Security Career Pathways website www.securitycareers.co.nz was launched in December and has attracted a large number of views and favourable comment. The website has been designed to provide a comprehensive and structured introduction to roles within the security industry and the pathway opportunities for those seeking career progression to more senior positions.

The website includes information on the roles, skill set requirements, training requirements and options, indicative pay scales and possible pathways to other sectors or industries. It also includes short videos of employees in their roles, talking about their jobs and what they enjoy most. Further videos will be added as we continue to develop the site.

Whilst the website will provide a great tool for our MSD Skills for Industry programme, it is equally designed as a resource for our members to assist in their recruiting process and to encourage new workers to our industry.

Update to Security Industry Good Practice Guideline
The Security Industry Good Practice Guideline was developed and launched by the NZSA last year as an industry resource providing operational and health and safety standards for all New Zealand companies operating in the guarding and security patrols sectors.

With the assistance and input from a working group, including event security providers and event and venue hosts, the NZSA has developed additional sections specific to guidance on Crowd Controller roles and duties and providing security for Events, Venues and other Crowded Places.

The additional sections are aligned with the recently issued Protecting our Crowded Places from Attack: New Zealand’s Strategy programme and the various resource tools.

The amended copy of the Good Practice Guideline, including the new sections, can be downloaded from the NZSA website www.security.org.nz within the next few weeks.

NZSA appoints independent Chairperson and new Board Member
In a very positive step, the NZSA Board has appointed Gray Paterson as its first independent Chairperson.

Gray is a very experienced and accomplished Board Chair who brings a wealth of relevant skills and experiences to the role and will provide strong governance and direction for the Association in coming years.

We are also pleased to advise that Andy Gollings, CEO of Red Badge, was elected to the NZSA Board at the AGM late last year, replacing Chris Whiting. Existing Board Members Brett Wilson, Matt Stevenson, Lance Reisterer and Wade Coneybeer were also re-elected for a further three year term.

Crowded Places Strategy Group
Last September the New Zealand Police released a strategy to assist owners and operators increase the safety, protection and resilience of crowded places across New Zealand.

Protecting our Crowded Places from Attack: New Zealand’s Strategy sets out a consistent approach to protecting crowded places throughout New Zealand. It introduces guidelines and tools to help owners and operators of crowded places reduce the threat of attack occurring, and lessen its consequences, using methods that are proportionate to the threat.

The strategy, guidelines and planning tools can be accessed via the Police website.

The NZSA have also been working with the Police to ensure that the resources and capability of the private security industry are recognised and utilised as part of the strategic approach. Whilst membership is yet to be formalised, the NZSA will represent the security industry at the launch of the Crowded Places Advisory Groups and we will be hosting a Provider Forum during February focused on how best the industry can support and promote the Crowded Places strategies.

SkillsVR security training platform
Development of the SkillsVR training platform is now complete and waiting for pre-moderation to ensure it meets the outcomes and performance criteria specified within the unit standards.

Once the timing for this has been confirmed we will formalise dates and locations for a national roadshow tour that will coincide with the opening of the new regional MSD service hubs.

In the interim SkillsVR are happy to arrange demonstrations for providers – contact Chris Thomas on chris[email protected] or 021 771 173.

Further professional recognition of the security industry?
The NZSA, together with the Training Special Interest Group (SIG) and Skills will being looking at how our industry could benefit if we formed a professional Registration body for individual security operatives.

As you will be aware, the NZSA is a member organisation, and combining this with a Registration body may provide improved professional recognition for individual workers in the industry and enhance the overall standing of the entire industry.

This is only at its early concept stages and initially Skills will be carrying out a feasibility study over the next couple of months.

We will keep you posted on how this study progresses, and if it does show promise we will seek your input later in the year.

Privacy law reform
New Zealand’s privacy laws changed on 1 December 2020 with the introduction of the Privacy Act 2020.

The most significant changes include:

  • Mandatory notification of a privacy breach – this applies to all “notifiable privacy breaches” being where the breach has caused, or is likely to cause, an individual serious harm.
  • Privacy Commissioner can issue and public compliance notices – The Commissioner will have the ability to issue a compliance notice to any agency requiring them to take action, or stop taking a particular action in order to comply with privacy laws.
  • Disclosure of personal information outside New Zealand – this will put more limits on foreign disclosure by requiring an agency to satisfy one of six requirements before disclosing personal information overseas.
  • Identifying information cannot be collected unless requested – this prohibits an agency obtaining more identifying information from an individual than is necessary for the purpose for which it is collected.

Office relocation
From 1 February 2021 our office will be located at Level 2, 31 Northside Drive in Westgate.

The new office will allow us to re-implement on-site interviewing of MSD candidates and as always, we welcome any member who wishes to call in for a coffee, to recharge their devices or requires brief use of an off-site office space.

As always, we welcome all comments and feedback on NZSA or industry issues and activity.

Keep safe and well.

Gary Morrison
CEO

 

NZSA support for LSV programme

The LSV programme is a free six-week motivational training course provided by MSD but facilitated by the New Zealand Defence Force. It is targeted at 18 to 25-year olds and aims to increase the number of young people entering employment or training by improving their self-discipline, self-confidence, motivation and initiative.

We introduced an NZSA Award to be presented to the trainee demonstrating outstanding qualities for the security industry – initiative, empathy and going the extra mile.

The recipient for the October course was Trainee Jesse Clarke-McRoberts from Wairoa. Tr Clarke-McRoberts was a model trainee in all aspects of initiative, empathy and going the extra mile. He was also awarded the Officer Commanding Award for All Round Excellence and received a scholarship with Sudima Hotels as part of their Corporate Trainee Programme for 2021. Some fantastic opportunities on the horizon for this trainee and very well deserved!

 

Membership

We welcome the following new Corporate Member:

Trust & Loyalty Security Ltd

 

Events

CISO Online Virtual Forum
9-12 February 2021

Cybersecurity strategy successes shared live with you online, for free.

The NZSA is proud to be an industry partner and Associate Professor Lech Janczewski of our special interest group NZ Information Security Forum (NZISF), will be joining the panel discussion.
CISO Online will welcome an inspiring speaker line up with a comprehensive agenda covering the biggest strategic concerns for leaders in the information security space, for 1.5 hours per day.
Discover how CISOs and senior cybersecurity leaders are migrating from a technical to a strategic role and enabling business agility and growth by strengthening their frontiers.

To register please visit the CISO Online website.

 

Securing NZ’s Borders, Facilities & Public Spaces
13-14 April 2021
Vodafone Events Centre, Auckland

Attend to receive essential updates on the latest developments in safety and security. Hear from a wide range of experts from across police, law enforcement, government, legal, sports, venue operators, risk management and the security industry.

Topics will cover:

  • Security at national and civic level – funding, collaboration and strategy
  • Border quarantine and managed isolation facility security review
  • Harnessing the benefits derived from the ability to share information between agencies
  • Reviewing the NZSA New Zealand Security Industry Good Practice Guidelines
  • Protecting crowded places from attack – New Zealand’s strategy
  • Threats to national security posed by social media
  • Mastering the art of profiling – managing indicators of potential offenders
  • Cyber attacks on public infrastructure
  • Building safer cities through innovative architectural design
  • Legal clinic: maintaining public safety within legal parameters
  • Emergency services and first responders – engaging with the first line of response
  • Dealing with disaster – how government and local councils react to tragic incidents

To register please visit the Conferenz website.