Security Services Agreement (New Zealand)

Yes. Under the Private Security Personnel and Private Investigators Act 2010 (PSPIA), all persons carrying out security work in New Zealand must hold a licence issued by the New Zealand Police Licensing Authority. The PSPIA covers the following categories of security work: security guard (protecting property or persons at a fixed location), crowd controller (controlling access to and behaviour at venues and events), property guard (mobile patrol of properties), personal guard (protecting individuals), and private investigator (conducting investigations). Security companies that engage security personnel must hold a certificate of approval as a security business entity. The licensing requirements apply regardless of whether the security guard is an employee or independent contractor. An unlicensed person who carries out security work commits an offence under the PSPIA and faces a fine. When engaging a security company, always request proof of their certificate of approval and verify the licences of any individual security guards who will be deployed. The security services agreement should include a warranty by the security provider that all personnel are licensed under the PSPIA.

Security guards in New Zealand have limited powers derived from the general law — they do not have special statutory powers of arrest or detention beyond those available to any ordinary citizen. Under the Crimes Act 1961 (section 35–36), any person (including a security guard) may use reasonable force to prevent a crime or to arrest a person who is committing or has committed a crime if the person cannot be arrested in another way. Security guards may therefore carry out a citizen's arrest in appropriate circumstances, but they must use no more force than is reasonably necessary and must immediately hand the arrested person over to the police. A security guard may also eject a trespasser from private premises under the Trespass Act 1980 after serving a trespass notice. Security guards do not have the power to search persons without consent (unless authorised by statute, for example at licensed premises under the Sale and Supply of Alcohol Act 2012). The use of excessive force by a security guard is both a criminal offence and a civil wrong (tort of battery). The security services agreement should set clear conduct standards consistent with the PSPIA Code of Conduct.

Security companies in New Zealand that operate CCTV cameras, collect personal information about individuals, or handle incident reports have significant obligations under the Privacy Act 2020. The Privacy Act 2020 governs the collection, use, storage, and disclosure of personal information about identifiable individuals. Key obligations include: collecting personal information only for a lawful purpose directly related to a function of the agency and only if the collection is necessary for that purpose; notifying individuals that their information is being collected and for what purpose; not using personal information for purposes other than those for which it was collected; taking reasonable steps to keep personal information secure from loss, unauthorised access, or misuse; and providing individuals with access to personal information held about them. For CCTV footage, the Office of the Privacy Commissioner has issued guidance requiring cameras to be clearly signposted, footage to be retained only for as long as needed, and access to be restricted to authorised personnel. Security companies handling video surveillance footage should have a clear retention and deletion policy in their security services agreement and internal procedures.

A New Zealand security company providing security services should hold adequate insurance to cover its potential liabilities. Public liability insurance covers the company's legal liability to third parties for personal injury or property damage arising from the conduct of security personnel — for example, if a security guard injures a patron during an ejection at a venue. Minimum public liability cover for security companies in New Zealand is typically NZD $1 million to $5 million per occurrence. Professional indemnity insurance (also called errors and omissions insurance) covers the company's liability for losses caused by advice given, reports produced, or services provided by security personnel — relevant for private investigation and security consulting services. Employers' liability insurance (or proof of ACC levy payments) covers claims by injured security employees. Some contracts may require fidelity insurance (covering theft or dishonesty by security personnel) and specific product liability insurance if the company installs or maintains security equipment. The security services agreement should specify minimum insurance levels required of the security provider, and the client may request a copy of the certificate of insurance before services commence.

A Security Services Agreement (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Companies Act 1993 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.