Regulatory system information: Private Security Personnel and Investigators
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Description of the regulatory system
System objectives/purposes
The private security personnel and investigators regulatory system aims to promote public trust in the regulated industries by ensuring that only suitable people with appropriate training can work in the industries.
Key statutes
Private Security Personnel and Private Investigators Act 2010
Key regulations
Private Security Personnel and Private Investigators Regulations 2011
Private Security Personnel and Private Investigators (Minimum Training) Regulations 2013
Brief description of what the system does
The objective of the system is to protect the safety of the public and people in the security industry and ensure the public can have confidence in the security industry. It does this by implementing a licensing and enforcement system for employers and employees and requiring certain license holders to undergo specified training. This ensures that security personnel are of good character and properly trained.
Agencies involved in the private security regulatory system
- The Ministry of Justice has policy delivery responsibilities for the private security legislation, hosts the licensing function, and provides the tribunal support services to the Private Security Personnel Licensing Authority (the Licensing Authority).
- The Department of Internal Affairs (the Department) through the Complaints, Investigation, and Prosecution Unit investigates complaints or licence applications on request of the Licensing Authority. (The Licensing Authority also has the option of referring matters to the New Zealand Police.)
- The New Zealand Police receives copies of all applications for licences and certificates and have the right to object to any application. The vast majority of complaints generated by the system are filed by the Police.
- The Commerce Commission oversees consumer credit law which governs repossession agents.
- The Ministry of Business, Innovation and Employment is the policy agency for consumer law.
The Department has regular contact and a good relationship with the Licensing Authority.
Regulated parties and non-government stakeholders
People working as, or employing:
- Crowd controllers
- Property guards
- Personal guards
- Security technicians (includes people such as electricians who install or repair alarms or security devices)
- Security consultants
- Document destruction agents
- Repossession agents
- Private investigators.
Engagement between system agencies and regulated parties
The Department is a minor player in the system. It has regular contact with the Licensing Authority and the New Zealand Police.
Fitness-for-purpose assessment
Reviews/assessments of the private security regulatory system
Repossession agents were added to the system in 2014. Otherwise there has been no significant review of the system since the Act’s passage in 2010.
Minor procedural amendments were made to the Act in 2018 by the Tribunals Powers and Procedures Legislation Act 2018.
Review/assessment findings
Effectiveness
The extent to which the system delivers the intended outcomes and impacts
The objectives of the system are clear.
Responsibility for the system’s operation is distributed across multiple agencies with each responsible for a small part of the overall system, which is likely to be impairing its effectiveness.
Detection of non-compliance largely relies on complaints being lodged. It is highly likely that detected non-compliance is lower than the actual level.
The Licensing Authority advises that the majority of private security personnel are aware of their obligations and are compliant. However, anecdotal evidence suggests a general lack of understanding of the sector by clients of private security personnel.
Efficiency
The extent to which the system minimises unintended consequences and undue costs and burdens
There is limited evidence available to assess the system’s efficiency in achieving its objectives.
Durability and resilience
How well the system copes with variation, change and pressures
Understanding of the regulated industries is patchy. Good relationships exist with the Police Alcohol Supervision Unit in some centres. We lack the mandate to build good relationships with the regulated industries or undertake proactive regulatory activities. The system has not been reviewed since the Act was passed and does not appear to facilitate modern regulatory best practice.
Fairness and accountability
How well the system respects rights and delivers good process
Compliance action is proportionate to the level and nature of the breach, and to the entity’s specific circumstances. The Department has regular contact and good relationship with the Licensing Authority.
Plans for regulatory and operational improvements
Key regulatory changes planned for 2018/19
Amendments to the Private Security Personnel and Private Investigators (Minimum Training) Regulations 2013 are planned for later in 2019. These will change the training requirements for property guards who are only involved in remote monitoring activities.
Key service design and operational changes planned for 2018/19
No key changes are planned for 2018/19. However, despite not having a clear mandate the Department plans to conduct some proactive activities (with the blessing of the Licensing Authority). This is likely to involve 8 - 10 initiatives that will promote compliance and greater awareness of the system including:
- Joint compliance checks with New Zealand Police at premises with alcohol licences
- Meetings with relevant industries that engage repossession service providers. These will focus on high-risk finance companies who provide finance to people with poor/adverse credit histories to identify contracted repossession agents used to ensure they are licensed
- Meet with community budgeting service providers (e.g. Citizens Advice Bureau, Salvation Army) with a view to promoting awareness of the private security regulatory system.
