Security industry shake-up for Cup

The law will come into effect in June next year, and will cover crowd controllers. Photo / The Aucklander

Security guards, crowd controllers and private investigators will have to be properly trained and abide by an industry code of conduct under a law that will come into force by the Rugby World Cup.

The Private Security Personnel and Private Investigators Bill has been reported back from the justice and electoral select committee, and is likely to pass its second reading with the support of Labour and the Greens.

It is considered an important bill to amend outdated legislation from 1974, to ensure that security workers are trustworthy and have the skills and training to do their jobs well.

All security guards, bouncers, doormen and security technicians will have to hold licences and certificates of approval, and failure to do so will be penalised by fines of up to $60,000.

The bill regulates bodyguards and crowd controllers for the first time.

The bill will come into effect in June next year, so it will cover crowd controllers and security guards before the Rugby World Cup tournament, which starts in September.

Regulations including a code of conduct - to be drawn up in consultation with the industry - will require all workers to have a certain level of training.

The potentially contentious aspect of the bill is that it will repeal a law which restricts private investigators from taking photographs or film without the subject's written consent.

That the law needs to be changed is not disputed. As it stands, anyone walking down the street can take a photo of someone, but a private investigator cannot.

Supporters told the committee repeal would help private investigators do their jobs and that investigating criminal activity outweighed public privacy issues.

For example, a private investigator seeking a missing person cannot legally carry a photo of the person without their written consent.

But eliminating the clause completely would give private investigators more surveillance freedom in some situations than police, who carry out surveillance under restrictions.

It is hoped the code of conduct - to be established before the law comes into effect - will address these concerns, but critics say this is a fingers-crossed approach, and the clause should be retained until a proper alternative is agreed.

This was the advice of the Law Commission, which is conducting a review on privacy, and Labour and the Greens agreed.

"Labour and Green Party members are very concerned that this amendment could give private investigators wider surveillance powers than enforcement agencies, such as the police," the select committee report says.

Despite this, the two parties say they will support the bill, and seek to introduce amendments to retain the clause as the bill progresses through Parliament.

The other provisions in the bill have broad support.

The Private Security Personnel Licensing Authority will be able to cancel a licence for misconduct or gross negligence, basing that decision on several grounds including:

Disqualification from driving because of repeat driving offences involving alcohol or drugs.

Conviction within the previous seven years for sex offences, assault, abduction, kidnapping and intimate covert filming, dishonesty offences such as theft or blackmail or criminal harassment or breach of a restraining order.

Disqualification is at the discretion of the authority, which will have the powers of a commission of inquiry to enforce its rules and investigate cases as required.

Licences and certificates will be valid for five years instead of one year, but workers will have to provide annual returns to the authority of relevant information, such as a recent conviction.

Workers will have to wear an authorised badge at all times while working.

The bill also relaxes restrictions on who can lay a complaint against a security worker, extending them beyond the present criterion of someone who has a personal interest in the case.

Appeals against authority decisions will be able to be made in the District Court, and a further right to appeal to the High Court on points of law will be allowed.

The Bill

* What: The Private Security Personnel and Private Investigators Bill.

* Why: To revamp the rules covering security guards, bouncers, crowd controllers, private investigators, security personnel, in time for the Rugby World Cup.

* Progress: Due for its second reading in Parliament.


Balancing Act

* Nathan Guy,
Associate Justice Minister

"The bill strikes the right balance between regulatory costs, risks and public safety."

* Bryce Winstone,
president, Security Officers Association

"The bill doesn't go far enough. It doesn't introduce fingerprinting, to make sure [guards] are who they say they are."

* Ron McQuilter,
chairman, NZ Institute of Professional Investigators

"The act means I can't use a photo of a [missing] man I am looking for on behalf of his family."

* David Parker,
Labour MP

"The police are subject to restrictions on surveillance that in some situations don't apply to private citizens. There is an underlying gap in the law."