Ministry of Justice

McFall complaint - individual license holders adjudicated bankrupt - grounds for disqualification & mandatory ground for cancellation - breached Act by not filing returns - individual licenses cancelled - ss 43, 62(fa), 78(1), (a) 79 (1) (a)

Police v Hutson complaint – 2 recent drink driving convictions and earlier alcohol related offending – no longer suitable to carry on business as a security guard – COA suspended with ability to have suspension revoked by filing evidence of sobriety – s 81(1)(c)(i), 83(ab)

Mayer penalty decision - misconduct by private investigator when investigating complaints' personal and financial activities including using fake social media persona making false claims - conduct does not need to be the course of the business to which licence relates to amount of misconduct - evidence of good character balanced against findings in previous complaints - fine, reprimand and order to complete privacy and ethics training. 

Police v Napia complaint - no longer suitable to work as a security guard - low level offending and other challenges - COA suspended to with ability to have suspension lifted once support measures in place - ss 81(1)(c), 83(ab)

Leave refused to file a complaint against a company and its director - complaint against company vexatious as breach had already been identified by Authority and rectified by company before complaint filed- publishing incorrect professional membership details for an employee is not sufficient to provide negligent vetting or misconduct by director.

Police v Laukoko complaint - misconduct established because of lack of care to man knocked unconscious by a colleague - COA suspended with leave to apply for it to be reinstated by completed a first aid course. ss, 4, 81(1)(c), 83(ab)&(e).

Police complaint - Alleged involvement in violent offending, association with gang member and obstructing Police -0 IF established would show that certificate holder was not suitable to work as a security guard- allegation not established - complaint dismissed - s 81(2) &83(ab) 

Police v Mikaele complaint - grounds for disqualification - conviction for burglary and prison sentence - COA cancelled and barred from reapplying for 5 years ss 4, 62(c) &(f)(vii), 81(a) & (c)(v), 82(a) 

Complaint against private investigation company over unpaid invoice and behavior of company officer - document service is not work that requires a security licence or certificate - Dispute over debt for serving documents not an acceptable ground for a complaint - threatening to write to a judge re an outstanding debt is unsatisfactory conduct - balance of complaint dismissed. 

Complaint against unnamed security guard of intimidating staring - leave refused - minor complaints should be dealt with employer not the Licensing Authority - vexatious & frivolous - s 74(2) 7 (3). 

Police complaint - COA holder referred to Te Pae Oranga for possession of a small bag of cannabis and a glass bong - no previous convictions - not sufficient to prove no longer suitable to hold a COA even if convicted - complaint dismissed on the papers. 

Police v Sataraka complaint - conviction for offence of violence and facing further charges - COA previously suspended for similar behavior - COA cancelled ss 62(f)(vii), 81(1)(a) & 82(a).