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Collier v Private Security Personnel Licensing Authority [2019] NZDC 15077

Published 16 August 2019

Appeal of declined certificate of approval as a crowd controller, property guard & personal guard — The Private Security Personnel and Private Investigators Act 2010, ss 3, 9, 10, 11, 19, 44, 46, 48, 49, 50, 53,60, 62 & 102 — suitability — good character — fit and proper person — District Court Rules 2014, r 18.19. The appellant was declined a certificate of approval as a crowd controller, per s 19 of the The Private Security Personnel and Private Investigators Act. The respondent licensing authority declined the certificates of approval following police opposition to the application, on the basis that the appellant had a lengthy list of criminal convictions in Australia. The appellant had failed to disclose all but two of his criminal convictions from Australia, including his methamphetamine offending and that he had been imprisoned. The appellant submitted that he misunderstood the requirement to disclose his Australian offending, however, the Judge noted that ran contrary to the fact he disclosed some of his Australian convictions. The Judge found the respondent authority correct to decline the certificates of approval on the basis of dishonesty, that the appellant had not adequately addressed his methamphetamine offending in particular, and therefore dismissed the appeal. Judgment Date: 6 August 2019.

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