News

Announcing the Finalists in the NZ Security Awards

2021 New Zealand Security Awards Finalists

We are thrilled to announce the finalists for the 2021 New Zealand Security Awards.

This year we received in excess of 120 nominations, many of which were of an exceptional standard. It was noticeable that there was a wide disparity in the number of nominations across the categories with the Customer Champion, Security Administrator, Security Officer and Security Supervisor/Operations Manager categories heavily supported whilst several other categories had a relatively low number of nominations.

The judges however noted that they are very confident that those selected as finalists truly represent “the best of the best”.

If you would like to book tickets to the Awards event in Christchurch please register on the NZSA website.

For discounted accommodation information please email [email protected]

Congratulations to all of the nominees and good luck to the finalists.

Communication Centre Operator of the Year
Antony Wellington, Watchdog Security Group
Daniel Walters, Matrix Security
Secom team – Alexandra Louise Couprie, Akshat Mahajan, Kelly Waru

Customer Champion of the Year
Brian Switalla, FIRST Security Guard Services Ltd
Dee Wakelin, Red Badge Group
Jill Priest, FIRST Security Guard Services Ltd

Design and Support Electronic Sector Professional of the Year
Lee Ashton, Optic Security Group
Stuart Maitland Leith, Platform 4 Group
Umesh Fernando, Advanced Security Group

Electronic Trainee of the Year
Alena Sverinsen, Advanced Security Group
Soul Lauvi-Johnson, Optic Security Group

Guarding Sector Trainee of the Year
Alexandra Kemp, Matrix Security
Bailey Gaines, Red Badge Group

Install and Service Electronic Sector (Corporate) Technician of the Year
Ravindra Lal, Optic Security Group
Tom Standen, Advanced Security Group

Install and Service Electronic Sector (SME) Technician of the Year
David Morgan, Alarm Watch Ltd
Johannes Jooste, Recon Security Ltd

Michael Pepper Award for Outstanding Security Training Initiative
FIRST Security Skills Plus Training Programme
NZSA & MSD Skills for Industry Work Broker Programme
Platform 4 Group Talent Management System

Outstanding New Product or Service of the Year
Dion Neill, Protective Services Ltd
Gallagher Adaptive Thresholds Feature
Platform 4 Group Talent Management System

Outstanding Skills for Industry Employee of the Year
Alexandra Kemp, Matrix Security
Angie (Valenitina) Kakala, Red Badge Group
Shyla Aramoana, Armourguard Security

Outstanding Staff Retention/Staff Development Programme
Advanced Security Group
Datacom Systems Limited
Platform 4 Group

Patrol Officer of the Year
Angela Oldham, Armourguard Security
Justin Craig Heintz, Platform 4 Group
Marishka Wallace, FIRST Security Guard Services Ltd
Pakau Stephens, Simon Mackerth, Allied Security

Security Administrator of the Year
Chris Stewart, FIRST Security Guard Services Ltd
Garvin Couch, FIRST Security Guard Services Ltd
Sabrina Crowe, Red Badge Group

Security Consultant of the Year
Andy Gollings, Red Badge Group
Nicholas Gibbs, FIRST Security Guard Services Ltd
Peter Jones, Recon Security Ltd
Walter Ashley Quensell, Platform 4 Group

Security Integrator of the Year
Ben Wilson, Advanced Security Group
Datacom Systems Limited team
Luke Tuffery, Sector 7 Security

Security Officer of the Year
Adam Barclay, Northern Districts Security
Maara Porio Maka, FIRST Security Guard Services Ltd
Monika Timu, Armourguard Security

Security Supervisor/Operations Manager of the Year
Gareth Bacon, FIRST Security Guard Services Ltd
Pete Mason, Optic Security Group
Stephanie Irwin, Northern Districts Security
Walter Esau, FIRST Security Guard Services Ltd

Security Trainer or Workplace Assessor of the Year
Senio Iupeli Stowers, Platform 4 Group
Vicky Roberts (nee Hobson), Red Badge Group
Yvonne Bruce, FIRST Security Guard Services Ltd

Once again, congratulations to all the finalists!

The NZSA team.

NZSA Newsletter – July 2021

CEO’s REPORT

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

It has certainly been a few hectic months for the team at the NZSA, our members and industry as a whole.

Within this newsletter we provide some important information with regards to the inclusion of Security Officers on Schedule 1A of the Employment Relations Act as well as updates on other key issues such as Fair Pay Agreements, Covid-19 vaccinations, licensing for pubs, clubs and other licensed premises, and building consent applications for access control works.

Fair Pay Agreements
In April this year the Government announced the design of the Fair Pay Agreement (FPA) system. The design was informed by the Fair Pay Agreement Working Group and public consultation, as well as involvement from the NZCTU (representing unions) and Business New Zealand (representing employers and industry sectors). Current planning is that the Bill will be introduced in November of this year and that the first agreement negotiations will be initiated in early 2022.

Whilst the detail is yet to be fully announced, it is clear that Security workers will be one of the first sectors to be covered by a FPA and as such, bargaining will be required between Etu (being the union covering security workers) and employers (under co-ordination of the NZSA or an alternate industry body). Again, this will have a significant and far-reaching impact on those providers offering guarding, patrol and cash-in-transit services and it is important that members are kept well informed on developments.

We will provide on-going updates as more information becomes available. However, for more detailed background, please refer to our newsletter Important Employment Matters on our website.

Covid-19 vaccinations
It is apparent that the Government has back-tracked on earlier plans to prioritise the vaccination of essential service workers under a separate Group and vaccinations will be scheduled on the basis of:

Group 1 – Border and Managed Isolation and Quarantine Workers

Group 2 – High-risk frontline workers and people living in high-risk places

Group 3 – People who are at risk (over 65, underlying health issues, disabled, caring for a person with a disability, pregnant or an adult in a custodial setting)

Group 4 – Everyone aged 16 and over

We are aware that members are often finding this a difficult area from an employment perspective and offer the following guidance:

As a general rule, employers can encourage, but not force staff to receive Covid-19 vaccinations

Employers cannot engage or employ staff without Covid-19 Vaccination to work if:

  • The work is in specific areas legally requiring Covid-19 vaccination (generally at the border or MIQ); or
  • It is otherwise unsafe for that person to work due to the level of risk (under the Health and Safety at Work Act).

To assess what can/should be done:

First Stage: Work Location

  • Where does the employee work?
  • Does the Covid-19 Public Health Response (Vaccinations) Order 2021 apply? (this lists who must be vaccinated to work)
  • Workers at Managed Quarantine and Managed Isolation Facilities are unable to work at these sites unless vaccinated.

If this does not apply, move to next stage.

Second Stage: Role Risk Exposure

What are the risks applicable to the specific role?

  • What is the likelihood of a worker being exposed to Covid-19 whilst performing the role; and
  • What are the potential consequences of that exposure on others (e.g. community spread, vulnerable workers)

If the role involves regular contact with vulnerable people (as defined by the MoH), the consequences of passing the virus on to them could be significant, and so if there is a high likelihood that the person performing the role may be exposed to Covid-19, it is likely that the role needs to be performed by a vaccinated person.

Third Stage: Other Considerations

Take account of other factors. Good faith applies at all stages of the risk assessment. That requires open and responsive communication with the affected workers, and fair process. Any requirement to be vaccinated that is not related to health and safety will not be justified.

Care needs to be taken for instance where an employee’s own circumstances/health/beliefs mean they cannot receive the vaccination. In those cases options such as site or role relocation should be explored and balanced against the second stage risk assessment.

Licensing for pubs, clubs and other licensed premises
The PSPLA has recently provided further clarification around the licensing requirements for pubs, clubs and other licensed premises.

Section 11 of the Act states a person or entity is only required to hold a licence as a crowd controller if, for valuable consideration, they are carrying on the business of screening entry, keeping order, or removing any person from a place.

The fact that a business employs crowd controllers to screen entry and keep order does not in itself mean that a pub or club is carrying on the business of being a crowd controller and critically, where they are not charging another entity for the service (being valuable consideration), a licence is not required.

The exception to this would be where a pub or club is using their staff to provide crowd controller duties for other entities and charging for the service. This meets the definition of valuable consideration and the pub or club needs to hold a company licence under the Crowd Controller category.

For larger operations that have security departments and recruit and train crowd controllers for deployment at several of their own establishments, it may be arguable whether they are doing it for valuable consideration however it would be best practice for the business to hold a licence under the PSPPI Act.

From an individual licence holder perspective, all staff employed as crowd controllers responsible for screening entry, keeping order and removing a person from a place are required to hold a Certificate of Approval under the Crowd Controller category.

Building consent applications for access control works
This continues to be a contentious area with councils applying different interpretations and requirements however, the following guidelines were provided by Christchurch City Council with regards to the documentation they require/expect when assessing a building consent discretionary exemption application for proposed access control works:

  • Plans clearly showing the locations of access-controlled doors.
  • Specifications of the products being used including specific reference for emergency release and where a fire alarm interconnection is installed.
  • A detailed statement outlining the contractor’s relevant experience in installing similar systems and their quality assurance and training measures.
  • Confirmation that on completion the installer will issue a construction statement confirming compliance and indicating the emergency release and fire alarm interconnection. (The statement of compliance should reference NZBC C/AS2 (2019) paragraph 3.15.2 and 3.15.7).
  • Confirmation that on completion the installer will provide as-built floor plans confirming the locations of installed access-controlled doors as per the approval.
  • Confirmation that photographs of the door installations will be taken and provided to Council on completion.
  • Confirmation that an IQP, separate from the individual installer, will provide a test and confirmation compliance following the installation.
  • It could be reasonably assumed that simila documentation is required for a building consent application.

Please note that this list should not be considered as definitive however it may assist when seeking a consistent and common-sense approach from local councils.

Virtual Reality Security Training Platform
We are pleased to advise that a handful of providers are now signed up and using the platform for the delivery of their CoA training.

Initial feedback from learners and employers has been exceptional and all have commented on the benefit of experiencing real-life scenarios as part of the learning and the positive reinforcement of core skills such as risk assessment, wearing PPE and providing recorded incident reports.

For further information on the SkillsVR Security Training platform or to arrange a live or online demonstration, please contact Chris Thomas on 021 771173 or [email protected].

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

Keep safe and well.

Gary Morrison

CEO

 

Employment Relations Act changes
Government has passed an Order in Council, effective 1 July 2021, that extends 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, crowd controllers, mobile security patrols, cash-in-transit officers and those who monitor premises on site, 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 than they currently enjoy. This includes the transfer of leave and service entitlements and also prevents subsequent restructuring such as reduced hours or payments.

In general, the new Order does not apply to restructuring situations where agreements were reached between companies before 1 July 2021.

The NZSA has documentation available to members to explain and enable the process for both outgoing and incoming service providers:

1.    NZSA Overview and Definition
2.    NZSA Member Guidance Part 6A
3.    NZSA Part 6A letter for Security Workers
4.   NZSA Part 6A letter for Customers
5.   Part 6A Exempt Employer Repealed letter
6a. NZSA recommended Employee Transfer Information template: – Costs Information
6b. NZSA recommended Employee Transfer Information template: – Individualised Employee Information
6c. NZSA notes to Employee Transfer Information templates

To obtain a copy of these documents please email [email protected].

 

NZSA Webinar now available to view

Employment Relations Act changes

Andre Reynolds provides insights on the impact of changes to the Employment Relations Act. The NZSA webinar discusses what it means to the security industry and what is required of employers to accommodate the change.

This is now available for viewing on our website:  NZSA webinar

If you are interested in contacting Andre about the [email protected] app for recruitment, as mentioned in the webinar, please see his details below:

Andre Reynolds – 021 285 5628, [email protected]

 

Law changes impacting employers

– an NZSA HR Advisory Service update

There have been a number of recent employment changes that will affect members:

– Employment Relations Act changes – security staff deemed vulnerable employees

– Sick Leave increases

– Bereavement Leave changes

– New public holiday – Matariki

– Covid-19 vaccinations

For further information 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]

 

NZ Security Awards

Christchurch Town Hall

20 August 2021

This year’s Awards ceremony will be held in Christchurch on Friday 20 August.

Nominations close 5pm Thursday 15 July.

The nomination process is online and simple to follow, however it is important that all key information is included. Please refer to the tip sheet for guidance:  NZ Security Awards_Nomination Information

You can submit your nominations and register for the event on the NZSA website.

 

Training and Professional Development SIG

Submitted by Andy Gollings

Chairperson & CEO Red Badge Group

The Security Training and Professional Development Special Interest Group is continuing to look at the needs of the industry, and to help ensure that we continue to have industry training that will shape the workforce of the future.

We have recognised the challenges of low awareness and professional recognition of much of our industry and that the industry needs to work together to address this.

It seems that we will all benefit from wider recognition of the range of opportunities within our industry that would see people targeting development within our industry into leadership roles, as well as pursuing careers in specialist roles such as Security Technician, Security Integrator, Risk Manager or Project Manager. We have traditionally spoken of our industry as a great pathway into the wider security sector of military, police or prison service. This still holds true however we should inspire our current workforce to develop a career within our industry thereby enhancing the awareness and capability of our own industry.

The NZSA have been doing some great work with the Ministry of Education Security Career Events through New Zealand schools and in the development of the Security Career Pathways website. The link to this website can be found here https://securitycareers.co.nz/

There is a lot of good information on the site. The NZSA would welcome feedback on the contents and would encourage you to share this and the opportunities within our sector with your workforce and your community.

Bailey Gaines, Operations Manager for the Red Security Division in Auckland, talking to students at Mangere High School

The NZSA and partner SkillsVR are also now using Virtual Reality technology to train and assess the COA Unit Standards, with the VR being able to provide a high standard of simulation of at risk situations, allowing trainees to feel how they might react in real life. The Skills Organisation have been working hard on the resources for an updated NZ Certificate in Security Level 3. This is planned to be available for use by the end of August. This is an exciting new development allowing online learning to a consistent standard anywhere in the country.

It has been reported that literacy and numeracy remains a challenge within our industry. This is nothing to be ashamed of, as it is a challenge faced across the NZ workforce. To not work towards overcoming or addressing this challenge would be a shame. To this end the special interest group is investigating the viability of a programme designed to support front line leadership understand and work to support the literacy challenges of those within their team. I feel that this is an exciting development as there is nothing more vital to the success of our staff than the capability and understanding of the people that lead them.

The NZSA and the special interest group are committed to making a positive difference to our industry and the people that work within it. If you have concerns or need questions answered I invite you to reach out, we are all in this together.

 

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 Q1 2021 available to NZSA members. Please download it on the Secintel website.

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.

International Security Officers’ Day 24/7
International Security Officers’ Day, celebrated on 24 July, is an opportunity to say thank you to Security Officers for keeping us safe 24/7.

Celebrating International Security Officers’ Day is simple. As an individual you can acknowledge any Security Officers you see on the day by smiling and saying thank you.

For security companies and customers there is a range of things you can do, here’s a few suggestions:

  • Send an email to your staff acknowledging the day and to thank them for their service.
  • Organise a morning tea or make a site visit to say thank you in person.
  • Mention Security Officers’ Day on your social media with a thanks to your staff.

On behalf of the NZSA team we would like to say a big thank you to all security officers and acknowledge the great work that you do keeping us safe.

 

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 May course was Trainee Hamiora Te Kira from Porirua in the Wellington region. trainee Te Kira defininately stood out for all the right reasons and certainly exemplified all aspects of initiative, empathy and going the extra mile.

Whilst at LSV he had an interview with Fulton Hogan and has secured another one with Taylor Presetons this week. His long term dream is to join NZDF and has already started the online application process.

Congratulations to Trainee Hamiora Te Kira!

 

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.

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/nzsa

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]

 

simPRO

simPRO is a leading operations management solution for service, maintenance and project contractors. Connect the office to the field, delivery exceptional customer service and gain invaluable insights with automated processes, streamlined workflows and in-depth business reporting.

NZSA members are eligible to receive a 20% discount on initial implementation costs of simPRO.

For further information visit the simPRO website.

 

Mobilcard

NZSA have an agreement with Mobilcard offering members fuel discounts

Key Benefits:

  • Up to 16 cents per litre (including GST) discount off the pump price for all diesel and petrol purchased at a discounted Mobilcard acceptor sites. Minimum discount of 12 cents per litre (including GST).
  • Available at 330+ sites nationwide. View www.mobilfuelfinder.co.nz to find an acceptor site near you.
  • No card or transaction fees.
  • No need to manage receipts for tax purposes, all managed under one account.
  • Costs can be tracked easily with one monthly invoice. You can also have online access to multiple reports including the fuel consumed by individual vehicles.
  • PIN number and purchase restrictions for added security.
  • You must be a member of the NZSA to qualify for this offer.

A vehicle consuming 100 litres per week using a discount of up to 6 cents per litre = $6 discount per week

A vehicle consuming 100 litres per week using the NZSA MOBILCARD discount of up to 16cents per litre = $16 discount per week

For a company fleet of 20 vehicles that’s potentially an annual saving of over $10,000 per annum.

The discount level is dependent on volume of fuel used per annum.

For further information please email [email protected].

 

Membership

We welcome the following new Corporate Member:

Enterprise Security Solutions Ltd

and the following new Associate Company and Associate Individual Members:

Nick Gibbs

Peace of Mind Security Screens (Auckland) Ltd

 

Events

NZISF breakfast meeting
Thursday 8 July 2021

Topic:  Strategic Value Risk Equation (SVRE)

Present Gabriel Akindeju developed the Strategic Value Risk Equation (SVRE), and approach for creating business value through effective risk management. The SVRE is an approach that can be leveraged to define strategic value-aligned security strategy and security operations management frameworks.

When:  Thursday 8 July at 7.15am at Auckland University

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]

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 presents Employment Relations Act – Schedule 1A – extending Part 6A Protections to Security Officers

Due to changes to the Employment Relations Act, security staff will be deemed vulnerable employees from 1 July this year. This could have a significant impact on the industry. The NZSA is holding a webinar to discuss what it means to the security industry and what is required of employers to accommodate the change.

Book in your calendar:   NZSA Zoom Calendar Invite

Speaker
André Reynolds – Founder, [email protected] App & HR Consultant to the facilities services industry.

Topic
Strategic insights into the application of Part 6a of the Employment Relations Act (Transfer of Undertaking) or perhaps just “Part 6A: Strategic Insights” if this is a familiar term amongst the members.

On 1 July 2021 many security designations are to be included in occupations to which Part 6a applies. André will be offering insights into some of the strategic issues that emerged through the operation of this process in the commercial cleaning industry, having been exposed to this through his former role as GM People for OCS Limited and in his current work as an HR Consultant. This presentation is not a legal overview into the provisions of the Act, but rather a presentation and discussion regarding the practicalities of Part 6a, and the potential pitfalls and opportunities that these provisions may provide.

Speaker Bio
André Reynolds – Founder, [email protected] App & HR Consultant to the facilities services industry.

André’s 25-year corporate career as a human resources professional in the facilities services and hospitality industries have exposed him to the persistent business problem of labour supply – along with the reality of limited prospects of progression for entry level workers, and their daily struggle to achieve sustainable employment. The [email protected] App represents a solution to these problems, both for employers seeking lower-skilled work and for employees seeking opportunity. It has been designed by André as an initial step towards a solution to employment that offers a low employee value proposition, and to employees seeking growth through a waged career.

NZSA Member Update

Standards Discussion Document – AS 2201.2 Intruder Alarm Systems, Part 2, Monitoring Centres

The EL-031 Working Group has prepared an update to the 2004 Standard for Monitoring Centres and the draft document is currently available for public feedback and comment.

The NZSA has been represented on the EL-031 Working Group by Doug McCormick, Gallaghers, and Matt Stevenson, HSM Group.

For further information please see the Standard_AS_2201.2_Draft and Monitoring Centre Standard AS2201-2_Doug McCormick commentary.

Feedback and comment can be lodged here: Standards.

 

NZ Security Awards Nominations

A reminder that the award nominations close 5pm Thursday 15 July.

The nomination process is online and simple to follow however it is important that all key information is included.

Please refer to the tip sheet for guidance on submitting winning nominations NZ Security Awards_Nomination Information.

You can submit your nominations here.

 

Ministry of Social Development RFP

We have received a lot of communication over the last few days enquiring about the GETS (Government Electronic Tender Service) listing requesting proposals for the Industry Partnerships F22 Security Sector Provider contract.

This relates to the Skills for Industry Work Broker service currently provided by NZSA and where we work with MSD to place those on benefits into full-time, sustainable employment with our members.

The contract has now been in place for three years and, in compliance with government procurement rules, must go through a competitive tendering process. The NZSA will be submitting a proposal seeking continuation of service provision.

The tender process timelines are reasonably short and we should be able to provide an update by mid August.

 

NZSA Webinar – 12.00 Monday 28 June

Employment Relations Act – Schedule 1A – extending Part 6A Protections to Security Officers

Due to changes to the Employment Relations Act, security staff will be deemed vulnerable employees from 1 July this year. This could have a significant impact on the industry. The NZSA is holding a webinar to discuss what it means to the security industry and what is required of employers to accommodate the change. An email with further details will be sent prior to the webinar.

 

From the NZSA team.

New Zealand Security Awards – now open

 

Nominations now open
We are pleased to announce that nominations for the 2021 New Zealand Security Awards are now open.

For further information about the nomination criteria and to complete a nomination, please visit our website.

Nominations close at 5pm on Thursday 15 July 2021. Please note that all nominations must be registered on the NZSA website. Any nominations received via direct email, or after the closing date, will not be accepted.

We look forward to receiving your nominations and good luck to all the nominees.

 

Awards event
The Awards event is being held at Christchurch Town Hall on Friday 20 August. For more information about the event and to register for tickets to the Awards dinner and pre-dinner networking drinks, please visit our website.

The NZSA team.

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!