district court logo

Taupale v Private Security Personnel Licensing Authority [2019] NZDC 15103

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, 46, 60, 62 & 102 — suitability — good character — fit and proper person — jurisdiction — previous convictions. The appellant was declined a certificate of approval (and a temporary approval) as a crowd controller, property guard and personal guard by the respondent authority. The appellant had failed to disclose on his application that he had prior convictions; these included multiple family violence convictions. The respondent authority also stated in the letter giving reasons for declining the application that there was also no evidence that the appellant had taken courses or counselling to address the issues raised by his convictions. The appellant's appeal was out of time and required the introduction of fresh evidence, which the Judge granted. The appellant argued that, given English was his second language, that he misunderstood "convictions" as meaning imprisonment and provided references and a letter that included a counselling report. However, the Judge noted that this evidence was counterproductive as it was from over five years ago and predated some of the appellant's criminal convictions. The Judge agreed the appellant was unsuitable for the approvals sought and dismissed the appeal. Judgment Date: 25 July 2019.

Tags