Ministry of Justice

Police & CIPU v Secpro and Tautali complaint – operating a security business after licence declined – failure to comply with conditions attached to COA – COA cancelled and matter referred back to CIPU to pursue prosecution recommendation -  ss 4, 23, 81(1)(b), 83(a) (ab) & (e)

Complaint – No statutory requirement precluding security licences holders from subcontracting with unlicensed security company for provision of security services but this can still amount to unsatisfactory conduct -  discussion of what it means to “permit to act as a responsible employee” in s 45(1) and whether head contractor is permitting volunteers or  security guards to act as responsible employees when those guards are employed or supplied by a subcontractor – ss 4, 23,45(1) &(3), 78(1B).

Legion Security final penalty decision – Breaches of the Act – Misconduct – stay on cancellation lifted as conditions for permanent stay not met – Licence cancelled.

Blackfern Protection Group Ltd application for a company licence – Complaint against director – holding himself out to be in business as a private investigator without a licence – only evidence of required experience in some classes over 5 years ago when director and previous company were the subject of complaints and did not comply with its legal obligations – not suitable to be a company officer – company licence declined, COA issued by mistake - some classes removed from COA and condition added – s 4, 23(1), 33, 5(3)

Complaint against Protekus Security Limited - engaging security guards without COAs s 45(1) - working without a licence in the required class s21 - not keeping property records or complying with obligations in the Act - Outcome likely to be cancellation of licence but with a 2 month deferral. 

Working as an employment investigator without a licence a breach of s23 - warning given - no jurisdiction to deal with other aspects of complaint as not a licence or certificate holder

Rooney Complaint – Working in security while COA suspended – running a security business without a licence & giving false information to the Authority and CIPU – Misconduct – COA cancelled.  SS 4, 23, 44 & 105 of the PSPPI Act

CIPU Investigation into company licence holder  – Contravention of s 45(1) by engaging security workers without COAs is misconduct – providing misleading information in support of an employees application for a COA is unsatisfactory conduct – fine and reprimand.

Police v Singh - Disqualifying convictions - no longer suitable to be a security worker - COA and company licence cancelled. 

Complaint against security company and director of employing persons to work unlawfully - company in liquidation and licence cancelled by consent - directors COA renewed but on condition that she must be engaged by a third-party licensee and not manage or run a security business for 2 years. 

King's Security & Simpson complaint - engaging security workers without COAs misconduct - carrying on work in a voluntary capacity in classes for which no licence or COA is held is not a breach of the Act but can be a breach of Guidelines for Volunteers and amount to unsatisfactory conduct. 

Turner & Waihape complaint - operating a security business without the required licence is misconduct - penalty reprimand and further training.

GM Security Services Contractor Limited & Papaliitele – continual breaches of the Act – licence and COA suspended until annual returns filed.