Legal framework and regulatory obligations for property guards
This section covers the legal framework and regulatory obligations that apply to a New Zealand property guard. The exam tests whether you can apply the Private Security Personnel and Private Investigators Act 2010 (PSPPIA), your Certificate of Approval (COA) conditions, and related law to real guard tasks.
Licensing and scope
- A COA is issued by the Private Security Personnel Licensing Authority (PSPLA). Work only within your COA class and any conditions; a company providing security services must also hold the required licence.
- Carry or produce your COA as required, keep details current, and follow lawful client instructions only where they are consistent with the Act, your conditions and safety.
Powers are limited
- A property guard is not police. You have no general power to search, seize, detain or demand ID. Citizen's arrest powers under the Crimes Act 1961 are narrow; if you arrest, use only necessary force and hand the person to police promptly.
- For trespass, act only with the occupier's authority: warn the person, ask them to leave, and call police if they refuse. Force must be reasonable, proportionate and for a lawful purpose such as self-defence or defence of property.
Privacy and records
- The Privacy Act 2020 applies to personal information, CCTV, notebooks and reports. Collect only what is needed, keep it secure, and disclose only for a lawful purpose.
Worked example: You see someone in a fenced yard after hours. You do not have an automatic right to search their bag. Ask their name and reason for being there, record what is said, warn them for trespass if authorised, and call police if they refuse to leave. If they become violent, withdraw and report.
Traps: assuming a COA gives police powers; searching bags without consent or legal authority; using force to recover property; ignoring COA conditions; writing opinions as facts.