Legislation
The Private Security Personnel and Private Investigators Act 2010 (PSP&PI Act) covers the activity of those who provide security services either as a company, sole trader or employee. Compliance with the Act is the responsibility of the Private Security Personnel Licensing Authority (PSPLA). For more information refer to https://www.justice.govt.nz/tribunals/licences-certificates/pspla/ or contact the PSPLA on 08004PSPLA or email [email protected].
Purpose
The purpose of the Act is to ensure that companies and sole traders offering specified private security and investigation services for hire, and personnel providing those services:
- Are suitably qualified to carry out that work, and
- Do not behave in ways that are contrary to the public interest.
Who needs to be licensed?
The PSP&PI Act applied to the following services:
- Property Guard: guards property and/or monitors burglar alarms, warning devices and cameras (roles defined as Security Officer or Monitoring Officer).
- Crowd Controller: screens entry, keeps order and removes people if necessary.
- Personal Guard Service: guards a specific person.
- Security Technician: installs, removes, or repairs burglar alarms, warning devices, special locks and cameras.
- Security consultant: sells or gives advice on burglar alarms, warning devices, special locks, cameras and guarding services.
- Private Investigator: obtains and supplies information about another person such as financial position, occupation or business, identity or whereabouts or personal character, actions or behaviour.
- Repossession Agent: repossesses consumer goods on behalf of a creditor.
- Confidential Document Destruction: collects and destroys confidential documents.
What licence is required?
Companies and Sole Traders
- Must hold a licence for each class of service provided.
- All staff employed who provide a security service must hold a Certificate of Approval (COA) or licence for that class of service.
- Cannot employ staff to perform security services that are not covered by the Company/Sole Trader licence.
- Must file an Annual Return for each year licence held.
Security Employee
- Must hold a valid COA for the service provided.
- Will need to demonstrate competency through training or skills.
Temporary COA
- The PSPLA can issue temporary COA’s that last three months to allow staff to complete mandatory training.
- Applications can be declined if training is not completed within the three month period.
Training and skills
When you apply for a private security licence or certificate you need to prove you have the training or skills (competency) for the classes of work you will be doing.
If you want to work as a: | You need to show: |
---|---|
· Crowd Controller · Property Guard · Personal Guard | You’ve done the set training Note: PSPPI (Minimum Training) Regulations amended in relation to Property Guards |
· Security Technician · Security Consultant · Private Investigator · Repossession Agent · Monitoring Officer | You have the training or skills needed |
You must let the PSLPA know immediately if:
- Your registered office changes.
- You want to add or remove a place of business.
- You want to add or remove an officer of a company.
- You want to add or remove a class of service to your licence.
- You are no longer eligible for your licence or certificate under ss62-63.
- You have misplaced your licence and need a replacement.
- You are the holder of a COA and you change your name or residential address.
The Private Security Personnel and Private Investigators Act 2010 (the PSPPI) applies to these services:
- Property Guard – guards, property and/or monitors burglar alarms, warning devices and cameras.
- Security Technician – installs, removes or repairs burglar alarms, warning devices, special locks and cameras.
- Security Consultant – sells burglar alarms, warning devices, special locks, cameras and guard services.
- Personal Guard Service – guards a specific person.
- Crowd Controller – screens entry, keeps order, and removes people if necessary.
- Repossession Agent – repossesses consumer goods on behalf of a creditor.
- Confidential Document Destruction – collects and destroys confidential documents.
FAQ’s
Must COA’s be displayed?
It is a requirement that COA’s must be clearly displayed at all times when working, unless there is a reasonable and genuine reason to believe that it would make the wearer, or others, unsafe.
Do electricians installing alarms need a security licence?
Under the Act, there is an exemption from licensing applied to companies, sole traders or employees who are licensed under alternate Acts of legislation. This covers the Police, Armed Forces and Electricians (covered by Electrical Workers Registration Board or EWRB). The exemption only applies to the service category of Security Technician so an Electrician who is registered with the EWRB can install security alarms or systems without requiring a COA as a Security Technician. If however the Electrician is selling the alarm or security system, or providing the customer with security advice, they must hold a COA as a Security Consultant. Evidence of selling alarms or security systems includes promotion on websites and sign writing on vehicles. Where an electrician is required to hold a COA as a Security Consultant, we would recommend as best practice that they also include the service Security Technician.
Do manufacturers, distributors and wholesalers of security equipment need to be licensed as Security Consultants?
Manufacturers or distributors of security equipment are not required to be licensed as Security Consultants under the Act unless they are direct selling to either retailers, distributors or end users at the premises of those they are selling to. Sales Executives, Business Development Managers and similar working for security manufacturers, distributors or retailers are required to hold a COA in the class of Security Consultant if they are going to other people’s premises to sell or attempt to sell security equipment. If people in these roles are required to hold a COA then generally it follows that their employer should also have a licence.
How long are licences valid for?
Licences are valid for five years. Application for renewal must be submitted prior to expiry and once expired, a full application must be filed.
Can you check if a company or individual is licensed?
Licence details can be checked on the Public Register of Licence Holders https://www.justice.govt.nz/tribunals/licences-certificates/pspla/public-register-of-licence-and-certificate-holders/.
What happens to those operating without the appropriate licence?
The PSPLA can investigate complaints against unlicensed operators and has the power to impose fines of up to $20,000 against those found operating without an Individual Licence for Sole Traders or a COA for employees, or up to $60,000 for company operating without the appropriate licence.