Regulatory Systems (Tribunals) Amendment Bill

8 Selection of candidates for appointment or reappointment as Referees (1) Where If it is proposed to make an appointment or reappointment under section 7, the chief executive shall— (a) by notice publicised in the area served or to be served by the Tribunal in respect of which the appointment or reappointment is proposed to be made, invite members of the public to submit to the chief executive the names of any persons whom they consider would be suitable for appointment as Referees; and (b) must appoint an assessment panel for the purpose of assessing the candidates for appointment or reappointment as Referees. (2) Every assessment panel appointed under subsection (1)(b) shall consist of— (a) the Disputes Tribunal Registrar or a Registrar of the District Court; and (b) the Principal Disputes Referee or a Referee nominated by him or her; and (c) not more than 2 other persons, who shall be appointed to the panel by the chief executive by reason of their expertise, training, and experience. (3) Every assessment panel appointed under subsection (1)(b) shall, in accordance with the criteria and procedures prescribed in rules made under this Act, assess the candidates for the appointment or reappointment in respect of which that panel was appointed, and shall— (a) advise the Minister of the name of the person that it recommends for appointment or reappointment as a Referee; or (b) advise the Minister that it makes no recommendation for appointment or reappointment in that particular case.

(5) In any other case, the Tribunal may order a respondent to pay an applicant the cost of any filing fee paid by the applicant under section 24 if the applicant’s claim succeeds in whole or in part. (6) However, the Tribunal must not make an order under subsection (5) if the Tribunal has, under section 18(3), approved a settlement agreed by the applicant and the respondent in relation to the claim. (7) The monetary restrictions provided for by sections 10(1A) and (3) and 19(4) to (6) do not apply in respect of any costs claimed, payable, or ordered to be paid under this section.

59 Referee to be employee for accident compensation purposes A Referee, while acting as such, is an employee employed by the Crown for the purposes of the Injury Prevention, Rehabilatation, and Compensation Act 2001. Compare: 1976 No 35 s 42

82 Motor Vehicle Disputes Tribunals (1) The Minister must, by notice in the Gazette, establish 1 or more Motor Vehicle Disputes Tribunals for the purposes of this Act. (2) The Minister may— (a) give a distinctive name to each Disputes Tribunal; and (b) change that name. (3) Each Disputes Tribunal must consist of— (a) an adjudicator who must be has held a practising certificate as a barrister or solicitor of the High Court of not less than 5 years’ practice; barrister and (b) an assessor appointed by the adjudicator solicitor for the purposes of each hearing from a panel maintained by the Minister under section 88. (4) The provisions of Schedule 1 apply to every Disputes Tribunal. (5) The Minister may, by notice in at least 5 years (which need not be consecutive), whether or not the Gazette,— (a) disestablish person currently holds such a Disputes Tribunal; certificate; and (b) direct how the records of that Disputes Tribunal are to be dealt with.

(6) In this section, practising certificate has the meaning given in section 6 of the Lawyers and Conveyancers Act 2006.

4 Interpretation (1) In this Act, unless the context otherwise requires,- biometric information has the same meaning as in section 2(1) of the Customs and Excise Act 1996 Board means the New Zealand Parole Board established under section 108; and includes a panel of the Board, a panel convenor, and the chairperson acting within their respective jurisdictions bodily sample, for a person, means- (a) a sample of the person's blood, breath, hair, or urine; or (b) any other sample of a similar kind from the person chairperson means the chairperson of the Board appointed under section 112 chief executive means the chief executive of the Department of Corrections commencement date means the date specified in section 2(1) compassionate release means release under section 41 controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975 determinate sentence means a sentence of imprisonment for a fixed term drug or alcohol condition means a special condition of parole, a special condition on release under section 17 at the release date of a long-term sentence, or a condition of an extended supervision order- (a) that is imposed under section 15(3)(ba), 18(2)(b), or 107K(1); and (b) that prohibits an offender from doing 1 or more of the following: (i) using (as defined in this section) a controlled drug: (ii) using a psychoactive substance: (iii) consuming alcohol drug or alcohol monitoring device means a device, connected to a person's body, that is able to detect the presence in the person's body of 1 or more of the following: (a) a controlled drug used by the person: (b) a psychoactive substance used by the person: (c) alcohol consumed by the person epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice extended supervision order means an order made under section 107I final recall order means a final recall order made under section 66 final release date means the final release date of a pre-cd sentence, or the final release date of an offender who is subject to a pre-cd sentence, as determined under Parts 4 and 6 of the Criminal Justice Act 1985 and varied (if applicable) under section 106 of this Act hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 indeterminate sentence means a sentence of imprisonment that is imprisonment for life or preventive detention intensive monitoring condition means the special condition described in section 107IAC(2) interim recall order means an interim recall order made under section 62 interim supervision order means an order made under section 107FA key date, in relation to a sentence of imprisonment, means the start date, sentence expiry date, and release date of the sentence long-term sentence means a sentence of imprisonment that is- (a) a determinate sentence of more than 24 months imposed on or after the commencement date; or (b) a notional single sentence of more than 24 months; or (c) an indeterminate sentence imposed before, on, or after the commencement date; or (d) in the case of a pre-cd sentence, a sentence of more than 12 months medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science medical officer means- (a) a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or (b) a nurse; or (c) a medical laboratory technologist medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine non-parole period means the term within, or proportion of, a long-term sentence during which the offender who is subject to the sentence is not eligible to be released on parole from the sentence non-release day means a Thursday, a Friday, a Saturday, a Sunday, Christmas Day, Boxing Day, New Year's Day, the second day of January, Waitangi Day, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, Labour Day, and, in respect of release from a particular place, the anniversary day of the region in which that place is situated notional single sentence means the notional single sentence of imprisonment that is created when one determinate sentence is directed to be served cumulatively on another determinate sentence (see section 75) nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions parole eligibility date means the date on and after which an offender who is subject to 1 or more long-term sentences of imprisonment is eligible to be released on parole (see section 20) postponement order means an order made under section 27 that postpones the date of an offender's next parole hearing pre-cd sentence means a sentence of imprisonment that is imposed before the commencement date prison means a prison established or deemed to be established under the Corrections Act 2004 psychoactive substance has the same meaning as in section 9 of the Psychoactive Substances Act 2013 release conditions means the standard release conditions and any special conditions imposed by the Board or the sentencing court and that apply to an offender released from detention release date means, in relation to a determinate sentence of imprisonment, the date on which the offender who is subject to the sentence ceases to be liable to be recalled to continue serving that sentence in a prison (see sections 86 and 87) relevant activity is an activity or a programme for the rehabilitation or reintegration of offenders that is specified by the Board under section 21A residential restrictions means the special conditions described in section 33 secure facility means a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 sentence expiry date means the date on which the offender who is subject to the sentence has served its full term and therefore ceases to be subject to it (see sections 82 and 83) sentence of imprisonment- (a) includes, in relation to a pre-cd sentence, preventive detention and corrective training; but (b) does not include a sentence of imprisonment imposed under the Armed Forces Discipline Act 1971, except in section 55 short-term sentence means a sentence of imprisonment that is- (a) a determinate sentence of 24 months or less imposed on or after the commencement date; or (b) a notional single sentence of 24 months or less; or (c) in the case of a pre-cd sentence, a sentence of 12 months or less special conditions means conditions of a type referred to in section 15(3), and includes residential restrictions standard extended supervision conditions means the standard extended supervision conditions set out in section 107JA standard release conditions means the standard conditions of release set out in section 14 start date, in relation to a sentence of imprisonment, means the date on and from which an offender who is subject to the sentence begins to be subject to it (see sections 76 to 81) statutory release date means the date on which an offender who is subject to 1 or more sentences of imprisonment- (a) must be released from detention (see section 17); and (b) ceases to be liable to be recalled to continue serving any sentence in a prison (see sections 59 to 66) testing of a person for a controlled drug, a psychoactive substance, or alcohol includes, without limitation, the person's permitting the collection for analysis of a bodily sample using, in relation to a controlled drug and a person, excludes the person using the controlled drug as a prescription medication in accordance with section 8(2)(c) or (d) of the Misuse of Drugs Act 1975 variation, in relation to the variation by the Board of release conditions, includes the suspension and addition of conditions, and the variation of their duration victim means (unless provided otherwise), in relation to an offender, a person who has asked for notice or advice and copies, and has given his or her address, under section 32B of the Victims' Rights Act 2002. (2) In this Act, a reference to section 2 of the Criminal Justice Act 1985, or to Part 4 or Part 6 (or any provision within those Parts) of the Criminal Justice Act 1985, is a reference to that section, Part, or provision as it was immediately before the commencement date. Authority has the meaning given in section 2 of the Remuneration Authority Act 1977

122 Remuneration and expenses of members (1) The remuneration of any member who is a District Court Judge or a Judge of the High Court must, so far as it relates to the Judge’s membership of the Board, be determined by the Higher Salaries Commission. (2) Every other member Authority must be paid fees and expenses in accordance with the framework determined by the Government from time to time for determine the classification and remuneration of statutory and other bodies. (3) A person is not employed in the service of the Crown, for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956, merely as a result of being a member members of the Board.

122 Remuneration and expenses of members (1) (2) The remuneration appointment of any member who is a District Court Judge or a Judge of the High Court must, so far as it relates to the Judge’s membership a member of the Board, be determined by Board does not affect the Higher Salaries Commission. (2) Every person’s judicial office, rank, title, status, precedence, salary, annual or other member must be paid fees and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and allowances, or other bodies. (3) A person is not employed in the service of the Crown, for the purposes of the Public Service Act 2020 rights or privileges that the Government Superannuation Fund Act 1956, merely person has as a result of being Judge, including matters relating to superannuation. (2A) The time a Judge serves as a member of the Board. Board must be taken as service as a Judge.

4 Interpretation In this Act, unless the context otherwise requires,- certificate of approval means a certificate of approval issued under section 54, or a temporary certificate of approval issued under section 60; and certificate holder means a person who holds a certificate of approval Complaints, Investigation, and Prosecution Unit means the unit established under section 100 confidential document destruction agent has the meaning given to it in section 8 confidential document destruction agent employee has the meaning given to it in section 16 consumer goods has the same meaning as in section 5 of the Credit Contracts and Consumer Finance Act 2003 credit bureau means a person, or an association of persons whether incorporated or unincorporated, who, in consideration of the payment of a subscription, fee, or levy, supplies to a subscriber to the service provided by that person or association, or to a member of that association, but to no other person, information relating to the financial position of a person creditor has the same meaning as in section 5 of the Credit Contracts and Consumer Finance Act 2003, and includes a creditor referred to in section 83B(2)(b) of that Act crowd controller has the meaning given to it in section 11 crowd controller employee has the meaning given to it in section 19 Crown has the meaning given to it in section 2(1) of the Public Finance Act 1989 debt-collecting agency means a person, or an association of persons whether incorporated or unincorporated, who, for valuable consideration, recovers or attempts to recover for a person any money owing to that person by another person licence means a licence issued under section 34 Licensing Authority or Authority means a Private Security Personnel Licensing Authority appointed under section 87 and includes a Deputy Private Security Personnel Licensing Authority appointed under section 91, and the terms Licensing Authorities, Authorities, and Deputy Licensing Authorities have corresponding meanings Minister means the Minister of the Crown who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act misconduct, for the purposes of sections 73, 74, 80, and 83, means conduct by a licensee or certificate holder that a reasonable person would consider to be disgraceful, wilful, or reckless or conduct that contravenes this Act or any regulations made under this Act offence of dishonesty means- (a) a crime described in any of sections 104, 105B, 108 to 117, and 217 to 266 of the Crimes Act 1961; and (b) any offence described in sections 15 to 20 of the Summary Offences Act 1981; and (c) any offence described in section 127 of the Social Security Act 1964 offence of violence means an offence under- (a) any of sections 128B to 149A, 158 to 181, 188 to 204, 208, 209, and 216B to 216D of the Crimes Act 1961; or (b) any of sections 3, 5, 5A, 6 to 6B, 7, 9, 10, 14, or 21 of the Summary Offences Act 1981 officer, in relation to a company, means- (a) a director as that term is defined in section 126 of the Companies Act 1993; and (b) the chief executive of the company, or any person occupying the equivalent position personal guard has the meaning given to it in section 10 personal guard employee has the meaning given to it in section 18 Police employee has the meaning given to it in section 4 of the Policing Act 2008 private investigator has the meaning given to it in section 5 private investigator employee has the meaning given to it in section 13 private security business means any or all of the classes of business described in sections 5 to 11 property guard has the meaning given to it in section 9 property guard employee has the meaning given to it in section 17 public record means- (a) a record, register, file, or document that any member of the public is entitled under an enactment, whether on payment of a fee or otherwise, to- (i) inspect; or (ii) obtain a copy of or an extract from; or (b) a newspaper within the meaning of section 2 of the Films, Videos, and Publications Classification Act 1993 repossession agent has the meaning given to it in section 8A repossession employee has the meaning given to it in section 16A responsible department means the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act responsible employee means any or all of the classes of employee defined in sections 13 to 19 responsible Minister means the Minister of the Crown who is responsible for the department that is authorised by the Prime Minister to provide administrative support to the Licensing Authorities security consultant has the meaning given to in section 7 security consultant employee has the meaning given to it in section 15 security technician has the meaning given to it in section 6 security technician employee has the meaning given to it in section 14. unsatisfactory conduct, in relation to a licensee or certificate holder and for the purposes of sections 73 and 74, means- (a) conduct that falls short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee or certificate holder; or (b) conduct that is incompetent or negligent; or (c) conduct that would reasonably be regarded by private security personnel or private investigators of good standing as being unacceptable. authorised person means a person authorised by the chief investigator chief investigator means the chief investigator of the Complaints, Investigation, and Prosecution Unit

26 Licensing Authority may make inquiries and request report (1) On receipt of an application under section 24 or 25, a Licensing Authority- (a) may make whatever inquiries it considers necessary in order to determine whether or not the application should be granted; and (b) without limiting paragraph (a), may provide a copy of the application to the chief investigator of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the application to be prepared by the unit for the Licensing Authority. (2) For the purpose of preparing a report under subsection (1)(b) the chief investigator of the Complaints, Investigation, and Prosecution Unit and any person an authorised by the chief investigator person may make whatever inquiries he or she considers necessary in order to verify the information contained in the application.

26 Licensing Authority may make inquiries and request report (1) On receipt of an application under section 24 or 25, a Licensing Authority- (a) may make whatever inquiries it considers necessary in order to determine whether or not the application should be granted; and (b) without limiting paragraph (a), may provide a copy of the application to the chief investigator of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the application to be prepared by the unit Complaints, Investigation, and Prosecution Unit for the Licensing Authority. (2) For the purpose of preparing a report under subsection (1)(b) the chief investigator of the Complaints, Investigation, and Prosecution Unit and any person authorised by the chief investigator may make whatever inquiries he or she considers necessary in order to verify the information contained in the application.

26 Licensing Authority may make inquiries and request report (1) On receipt of an application under section 24 or 25, a Licensing Authority- (a) may make whatever inquiries it considers necessary in order to determine whether or not the application should be granted; and (b) without limiting paragraph (a), may provide a copy of the application to the chief investigator of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the application to be prepared by the unit for the Licensing Authority. (2) For the purpose of preparing a report under subsection (1)(b) the chief investigator of the Complaints, Investigation, and Prosecution Unit and any person or an authorised by the chief investigator person may make whatever inquiries he or she considers necessary in order to verify the information contained in the application.

31 Application determined by oral hearing (1) If a Licensing Authority is to hold an oral hearing of an application for a licence, the Authority must fix a time and place for the hearing, and must give not less than 10 working days' notice of the hearing to- (a) the applicant; and (b) any person who has filed a notice of objection in accordance with section 28 or 29; and (c) if it receives a report on the application from the Complaints, Investigation, and Prosecution Unit, the chief investigator of the unit. (2) If a Licensing Authority receives a report requested under section 26(1)(b) and suspects on the basis of that report that there may be grounds for refusing the application, the Authority must, not later than 10 working days before the date of the hearing, provide the applicant with a statement of the reasons for that suspicion. (3) At the hearing, the applicant, every objector, and, if a Licensing Authority received a report on the application from the Complaints, Investigation, and Prosecution Unit, the chief investigator of the unit or a person an authorised by the chief investigator- person- (a) is entitled to appear, be heard, call evidence, and cross-examine and re-examine witnesses; and (b) may conduct his or her case personally or may be represented by counsel. (4) A Licensing Authority may from time to time adjourn the hearing to a time and place fixed by it.

47 Licensing Authority may make inquiries and request report (1) On receipt of an application, a Licensing Authority- (a) may make whatever inquiries it considers necessary in order to determine whether or not the application should be granted; and (b) without limiting paragraph (a), may provide a copy of the application to the chief investigator of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the application to be prepared by the unit Complaints, Investigation, and Prosecution Unit for the Licensing Authority. (2) For the purpose of preparing a report under subsection (1)(b) the chief investigator of the Complaints, Investigation, and Prosecution Unit and any person authorised by the chief investigator may make whatever inquiries he or she considers necessary in order to verify the information contained in the application.

47 Licensing Authority may make inquiries and request report (1) On receipt of an application, a Licensing Authority- (a) may make whatever inquiries it considers necessary in order to determine whether or not the application should be granted; and (b) without limiting paragraph (a), may provide a copy of the application to the chief investigator of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the application to be prepared by the unit for the Licensing Authority. (2) For the purpose of preparing a report under subsection (1)(b) the chief investigator of the Complaints, Investigation, and Prosecution Unit and any person or an authorised by the chief investigator person may make whatever inquiries he or she considers necessary in order to verify the information contained in the application.

51 Application determined by oral hearing (1) If a Licensing Authority is to hold an oral hearing of an application for a certificate of approval, the Licensing Authority must fix a time and place for the hearing, and must give not less than 10 working days' notice of the hearing to- (a) the applicant; and (b) if the Police have filed a notice of objection, the Police; and (c) if the Licensing Authority has received a report on the application from the Complaints, Investigation, and Prosecution Unit, the chief investigator of the unit. . (2) Section 31 applies, with any necessary modifications, in respect of the hearing in the same way as if it were an oral hearing of an application for a licence.

65 Production of licence (1) A licensee must produce his or her licence on demand to- (a) a Licensing Authority; or (b) any constable; or (c) a person an authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit; person; or (d) any person with whom the licensee is dealing when carrying on or attempting to carry on any private security business to which the licence relates. (2) If the licensee is a company, it is sufficient compliance with the requirements of subsection (1) if the licence is kept in the company's registered office and is made available for inspection on demand by any of the persons referred to in that subsection. (3) A licensee who knowingly contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000. Compare: 1974 No 48 s 45

66 Production of certificate of approval (1) A certificate holder must produce his or her certificate of approval on demand to- (a) a Licensing Authority; or (b) any constable; or (c) a person an authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit; person; or (d) any person with whom the certificate holder is dealing in the course of performing his or her duties as a responsible employee. (2) A certificate holder must, on demand by any person specified in subsection (1), inform that person of the name and address of the person by whom the holder is employed or engaged as a responsible employee. (3) A certificate holder who knowingly contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $2,000. Compare: 1974 No 48 s 46

70 Access by Police and Complaints, Investigation, and Prosecution Unit to records (1) A licensee or certificate holder or person who employs or engages any repossession employee or crowd controller employee must, when required to do so by a constable or a person an authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit (authorised person),- person,- (a) show the constable or authorised person without delay any record or document that is required by regulations made under this Act to be kept by the licensee or certificate holder: (b) make a copy of all or specified parts of a record or document of a kind referred to in paragraph (a) and give it to the constable or authorised person, or if that is impracticable, give the constable or authorised person the record or document or specified part of it. (2) If a licensee or certificate holder or person who employs or engages any repossession employee or crowd controller employee gives a constable or authorised person a record or document, or a specified part of it, under subsection (1)(b), the constable or authorised person must- (a) give a receipt for the record or document or specified part of it; and (b) return it within 2 hours. (3) A licensee or certificate holder or person who employs or engages any repossession employee or crowd controller employee commits an offence and is liable on conviction to a fine not exceeding $2,000 if the licensee or certificate holder or person fails without reasonable excuse to comply with subsection (1).

73AAA Complaint against unlicensed persons, etc (1) This section applies to a written complaint relating to either of the following: a person who is or may be in breach of section 23 (persons who must hold licence): a person who is or may be in breach of section 44 (persons who must hold certificate of approval). (2) The following persons may file a written complaint with a Licensing Authority: a constable: a person other than a constable with the leave of a Licensing Authority. (3) The Licensing Authority may grant leave under subsection (2)(b) only if the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. (4) The complaint must specify in sufficient detail the matter to which it relates. (5) The Licensing Authority may require the complainant to provide further information regarding the complaint. (6) The Licensing Authority must serve a copy of the complaint on the person who is the subject of the complaint— within 5 working days of receiving the complaint if the complaint is filed by a constable; or within 5 working days of granting leave to file the complaint if the complaint is filed by someone other than a constable.

73 Complaint against licensee (1) A constable may at any time file a written complaint with a Licensing Authority against a licensee. (2) A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a licensee. (3) The Authority must refuse may grant leave under subsection (2) unless only if the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. (4) No complaint may be made under this section except on 1 or more of the following grounds: (a) that 1 or more grounds of disqualification under section 62 or 63, as the case may be, now apply to the licensee: (b) that there are 1 or more grounds for cancelling the licence under section 80: (c) that the licensee has contravened any provision of this Act or regulations made under this Act: (d) that the licensee or, if the licensee is a company, any officer of the company, has been guilty of unsatisfactory conduct or misconduct or gross negligence: (e) that a false statement was made in the application for the licence. (5) The complaint must specify the grounds on which it is made. (6) The complainant must, within 5 working days after filing the complaint with a Licensing Authority, serve a copy of the complaint on the licensee. Compare: 1974 No 48 s 53

73 Complaint against licensee (1) A constable may at any time file a written complaint with a Licensing Authority against a licensee. (2) A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a licensee. (3) The Authority must refuse leave under subsection (2) unless the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. (4) No complaint may be made under this section except on 1 or more of the following grounds: (a) that 1 or more grounds of disqualification under section 62 or 63, as the case may be, now apply to the licensee: (b) that there are 1 or more grounds for cancelling the licence under section 80: (c) that the licensee has contravened any provision of this Act or regulations made under this Act: (d) that the licensee or, if the licensee is a company, any officer of the company, has been guilty of unsatisfactory conduct or misconduct or gross negligence: : (e) that a false statement was made in the application for the licence. (5) The complaint must specify the grounds on which it is made. (6) The complainant must, within 5 working days after filing the complaint with a Licensing Authority, serve a copy of the complaint on the licensee. Compare: 1974 No 48 s 53

(5A) The Licensing Authority may require the complainant to provide further information regarding the complaint.

73 Complaint against licensee (1) A constable may at any time file a written complaint with a Licensing Authority against a licensee. (2) A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a licensee. (3) (6) The Licensing Authority must refuse leave under subsection (2) unless the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter serve a copy of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. (4) No complaint may be made under this section except on 1 or more of the following grounds: (a) that 1 or more grounds of disqualification under section 62 or 63, as the case may be, now apply to the licensee: (b) that there are 1 or more grounds for cancelling the licence under section 80: licensee— (c) that the licensee has contravened any provision within 5 working days of this Act or regulations made under this Act: (d) that receiving the licensee or, complaint if the licensee complaint is filed by a company, any officer of the company, has been guilty of unsatisfactory conduct or misconduct constable; or gross negligence: (e) that a false statement was made in the application for the licence. (5) The complaint must specify the grounds on which it is made. (6) The complainant must, within 5 working days after filing the complaint with a Licensing Authority, serve a copy of granting leave to file the complaint on if the licensee. Compare: 1974 No 48 s 53 complaint is filed by a person other than a constable.

74 Complaint against certificate holder (1) A constable may at any time file a written complaint with a Licensing Authority against a certificate holder. (2) A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a certificate holder. (3) The Authority must refuse may grant leave under subsection (2) unless only if the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. (4) No complaint may be made under this section except on 1 or more of the following grounds: (a) that 1 or more grounds of disqualification under section 62 now apply to the certificate holder: (b) that there are 1 or more grounds for cancelling the certificate of approval under section 83: (c) that the certificate holder has contravened any provision of this Act or regulations made under this Act: (d) that the certificate holder has been guilty of unsatisfactory conduct or misconduct or gross negligence: (e) that a false statement was made in the application for the certificate of approval. (5) The complaint must specify the grounds on which it is made. (6) The complainant must, within 5 working days after filing the complaint with a Licensing Authority, serve a copy of the complaint on the certificate holder. Compare: 1974 No 48 s 59

74 Complaint against certificate holder (1) A constable may at any time file a written complaint with a Licensing Authority against a certificate holder. (2) A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a certificate holder. (3) The Authority must refuse leave under subsection (2) unless the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. (4) No complaint may be made under this section except on 1 or more of the following grounds: (a) that 1 or more grounds of disqualification under section 62 now apply to the certificate holder: (b) that there are 1 or more grounds for cancelling the certificate of approval under section 83: (c) that the certificate holder has contravened any provision of this Act or regulations made under this Act: (d) that the certificate holder has been guilty of unsatisfactory conduct or misconduct or gross negligence: : (e) that a false statement was made in the application for the certificate of approval. (5) The complaint must specify the grounds on which it is made. (6) The complainant must, within 5 working days after filing the complaint with a Licensing Authority, serve a copy of the complaint on the certificate holder. Compare: 1974 No 48 s 59

(5A) The Licensing Authority may require the complainant to provide further information regarding the complaint.

74 Complaint against certificate holder (1) A constable may at any time file a written complaint with a Licensing Authority against a certificate holder. (2) A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a certificate holder. (3) (6) The Licensing Authority must refuse leave under subsection (2) unless the Authority is satisfied that the complainant has an interest, greater than that of the public generally, in the subject matter serve a copy of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. (4) No complaint may be made under this section except on 1 or more of the following grounds: (a) that 1 or more grounds of disqualification under section 62 now apply to the certificate holder: (b) that there are 1 or more grounds for cancelling the certificate of approval under section 83: (c) that the certificate holder has contravened any provision of this Act or regulations made under this Act: holder— (d) that the certificate holder has been guilty within 5 working days of unsatisfactory conduct or misconduct or gross negligence: (e) that a false statement was made in the application for receiving the certificate of approval. (5) The complaint must specify if the grounds on which it complaint is made. filed by a constable; or (6) The complainant must, within 5 working days after filing the complaint with a Licensing Authority, serve a copy of granting leave to file the complaint on if the certificate holder. Compare: 1974 No 48 s 59 complaint is filed by a person other than a constable.

75 Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecution Unit (1) On receipt of a complaint from a person under section 73(2) 73AAA (2)(b), 73(2), or 74(2), a Licensing Authority may- (a) send a copy of the complaint to the Commissioner of Police and request the Commissioner to cause a report on the complaint to be prepared by the Police for the Licensing Authority; or (b) send a copy of the complaint to the person in charge of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the complaint to be prepared for the Licensing Authority. (2) In any other case where a Licensing Authority suspects on reasonable grounds that there may be any grounds for complaint against a licensee or certificate holder, the Authority may- (a) send a copy of the complaint to the Commissioner of Police and request the Commissioner to cause a report on the complaint to be prepared by the Police for the Authority; or (b) send a copy of the complaint to the person in charge of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the complaint to be prepared for the Authority.

75 Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecution Unit (1) On receipt of a complaint from a person under section 73(2) or 74(2), a Licensing Authority may- (a) send a copy of the complaint to the Commissioner of Police and request the Commissioner to cause a report on the complaint to be prepared by the Police for the Licensing Authority; or (b) send a copy of the complaint to the person in charge of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the complaint to be prepared for the Licensing Authority. (2) In any other case where a Licensing Authority suspects on reasonable grounds that there may be any grounds for complaint against a licensee or licensee, certificate holder, or person referred to in section 73AAA(1)(a) or (b), the Authority may- (a) send a copy of the complaint to the Commissioner of Police and request the Commissioner to cause a report on the complaint to be prepared by the Police for the Authority; or (b) send a copy of the complaint to the person in charge of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the complaint to be prepared for the Authority.

77 Hearing (1) A Licensing Authority- (a) must hold a hearing if a complaint has been filed with the Licensing Authority against a licensee under section 73 or certificate holder under section 74, and the Licensing Authority is satisfied that the requirements of the relevant section have been complied with; and (b) may on its own motion hold a hearing if it has received a report requested under section 75(2) and suspects on reasonable grounds that there may be grounds of the kind in section 73(4) for disciplinary action against a licensee or grounds of the kind in section 74(4) for disciplinary action against a certificate holder. (2) A Licensing Authority must fix a time and place for the hearing. (3) A Licensing Authority must give not less than 10 working days' notice of the hearing- (a) to the licensee or certificate holder; and (b) to the complainant (if any); and (c) if the Licensing Authority wishes the Police to attend, to the Commissioner of Police; and (d) if the Licensing Authority received a report from the Complaints, Investigation, and Prosecution Unit, to the chief investigator of the unit. investigator. (4) If a Licensing Authority is holding a hearing under subsection (1)(b), the Licensing Authority must, not later than 10 working days before the date of the hearing, provide the licensee or certificate holder with a statement of the reasons for this. (5) At the hearing, the following persons are entitled to appear, be heard, call evidence, and to cross-examine and re-examine witnesses: (a) the complainant (if any); and (b) the licensee or certificate holder; and (c) the Commissioner of Police or any other constable on the Commissioner's behalf; and (d) the chief investigator of the Complaints, Investigation, and Prosecution Unit or any other person authorised by the chief investigator. (6) Any party at the hearing may conduct his or her case personally or may be represented by counsel. (7) A Licensing Authority may from time to time adjourn the hearing to a future time and place fixed by it. (8) Despite anything in this Act to the contrary, a Licensing Authority may determine a complaint on the papers if he or she considers it appropriate. (9) Before doing so, he or she must give the parties a reasonable opportunity to comment on whether the complaint should be dealt with in that manner.

77 Hearing (1) A Licensing Authority- (a) must hold a hearing if a complaint has been filed with the Licensing Authority against a licensee under section 73 or certificate holder under section 74, and the Licensing Authority is satisfied that the requirements of the relevant section have been complied with; and (b) may on its own motion hold a hearing if it has received a report requested under section 75(2) and suspects on reasonable grounds that there may be grounds of the kind in section 73(4) for disciplinary action against a licensee or grounds of the kind in section 74(4) for disciplinary action against a certificate holder. (2) A Licensing Authority must fix a time and place for the hearing. (3) A Licensing Authority must give not less than 10 working days' notice of the hearing- (a) to the licensee or certificate holder; and (b) to the complainant (if any); and (c) if the Licensing Authority wishes the Police to attend, to the Commissioner of Police; and (d) if the Licensing Authority received a report from the Complaints, Investigation, and Prosecution Unit, the chief investigator of the unit. (4) If a Licensing Authority is holding a hearing under subsection (1)(b), the Licensing Authority must, not later than 10 working days before the date of the hearing, provide the licensee or certificate holder with a statement of the reasons for this. (5) At the hearing, the following persons are entitled to appear, be heard, call evidence, and to cross-examine and re-examine witnesses: (a) the complainant (if any); and (b) the licensee or certificate holder; and (c) the Commissioner of Police or any other constable on the Commissioner's behalf; and (d) the chief investigator of the Complaints, Investigation, and Prosecution Unit or any other person an authorised by the chief investigator. person. (6) Any party at the hearing may conduct his or her case personally or may be represented by counsel. (7) A Licensing Authority may from time to time adjourn the hearing to a future time and place fixed by it. (8) Despite anything in this Act to the contrary, a Licensing Authority may determine a complaint on the papers if he or she considers it appropriate. (9) Before doing so, he or she must give the parties a reasonable opportunity to comment on whether the complaint should be dealt with in that manner.

78 Disciplinary powers of Licensing Authority in respect of licensee (1) If, after a hearing in accordance with section 77, a Licensing Authority is satisfied that the grounds for disciplinary action in the complaint or under section 77(1)(b), as the case may be, have been proved, the Licensing Authority- (a) must cancel the licence if section 79 applies: (b) may cancel the licence if section 80 applies: (c) may, in addition to cancellation under paragraph (a), or in addition to or instead of cancellation under paragraph (b), do all or any of the following things that may be appropriate: (i) make an order suspending the licence for a period, not exceeding 3 years, that the Licensing Authority specifies in the order: (ii) make an order that the licensee undergo training: (iii) make an order that the licensee work under supervision for a period that the Licensing Authority specifies in the order: (iv) make an order that the licensee work subject to conditions and for a period that the Licensing Authority specifies in the order: (v) bar the licensee from applying for a licence or certificate of approval for a period that the Licensing Authority specifies in the order or until certain conditions are met: (vi) fine the licensee any amount not exceeding $2,000: (vii) reprimand the licensee: (viii) if the Licensing Authority is satisfied in the case of a licensee that is a company that the grounds for disciplinary action relate to any conduct or omission by a particular officer of the company, make an order directing the licensee to terminate the employment of that officer within the time the Licensing Authority specifies in the order. (1A) If unsatisfactory conduct is proved, a Licensing Authority- (a) must not take action under subsection (1) in relation to that conduct; but (b) may take action under subsection (1B). (1B) If, after a hearing in accordance with section 77, a Licensing Authority is satisfied that unsatisfactory conduct has been proved on the complaint or under section 77(1)(b), as the case may be, the Authority may do all or any of the following things that may be appropriate: (a) order that the licensee undergo training: (b) order that the licensee work under supervision for a period that the Authority specifies in the order: (c) order that the licensee work subject to conditions and for a period that the Authority specifies in the order: (d) reprimand the licensee: (e) order that the licensee apologise to the complainant. (2) If, after the hearing, a Licensing Authority is not satisfied that the grounds for disciplinary action have been proved, the Authority must dismiss the matter. (3) A cancellation must be in writing, with reasons, and state the date on which the cancellation takes effect. (4) While any order of suspension of a licence made under this section continues in force,- (a) the licence has no effect and must not be renewed; and (b) no new licence may be issued authorising the licensee to carry on the class of private security business, or (if more than 1) any 1 or more of the classes of private security business, to which the suspended licence relates. (5) A fine imposed by a Licensing Authority on a licensee under subsection (1) is a debt due by the licensee to the Crown, and is recoverable in any court of competent jurisdiction. (6) A Licensing Authority must as soon as practicable give notice in writing of the decision made by the Authority under this section, and of any penalty imposed, to- (a) the licensee; and (b) the Commissioner of Police; and (c) any complainant; and (d) the chief investigator of the Complaints, Investigation, and Prosecution Unit. . (7) If a Licensing Authority makes an order under subsection (1)(c)(viii), it must as soon as practicable also give notice in writing of the order to the officer to whom it relates.

80 Discretionary grounds for cancellation of licence (1) This section applies (and, under section 78, an Authority may cancel the licence) if— (a) a person specified in subsection (2) has breached a condition of the licence imposed under section 33(7): (aa) the Licensing Authority determines that a person specified in subsection (2) is no longer suitable to carry on the class of business to which the licence relates because of the person’s character, circumstances, or background: (b) a person specified in subsection (2) has been convicted of an offence under any of the provisions specified in Schedule 1: (c) a person specified in subsection (2) in the course of carrying on the business to which the licence relates uses any dog and, in respect of that dog, is convicted of an offence against any of the provisions of the Dog Control Act 1996: (d) a person specified in subsection (2), having been convicted of an offence against this Act is, within 3 years after the date of the conviction, again convicted of an offence against this Act: (e) a person specified in subsection (2) has been guilty of misconduct or gross negligence (whether or not in the course of the business to which the licence relates: (f) a person specified in subsection (2) has— (i) been convicted outside New Zealand of an offence; or (ii) had an order imposed in relation to him or her by any court or tribunal outside New Zealand, instead of passing sentence, that he or she be treated or cared for in relation to his or her mental impairment: (g) a person specified in subsection (2) is adjudged bankrupt, or makes any assignment for the benefit of his or her creditors, or makes any composition with his or her creditors: (h) in the case of a licensee that is a company, the High Court makes an order for the winding up of the licensee, or the licensee passes a resolution for voluntary winding up: (i) in the case of a licensee that is a company, the licensee fails to comply with an order made under section 78(1)(c)(viii) in respect of any officer of the company: (j) the Licensing Authority determines that a false statement was made in the application for a licence of any person specified in subsection (2). (2) The persons referred to in subsection (1) are— (a) the licensee; and (b) in the case of a licensee that is a company, any officer of the company. relates):

81 Disciplinary powers of Licensing Authority in respect of holder of certificate of approval (1) If, after a hearing in accordance with section 77, a Licensing Authority is satisfied that the grounds for disciplinary action in the complaint or under section 77(1)(b), as the case may be, have been proved, the Licensing Authority- (a) must cancel the certificate of approval if section 82 applies: (b) may cancel the certificate of approval if section 83 applies: (c) may, in addition to cancellation under paragraph (a), or in addition to or instead of cancellation under paragraph (b), do all or any of the following things that may be appropriate: (i) make an order suspending the certificate of approval for a period, not exceeding 3 years, that the Licensing Authority specifies in the order: (ii) make an order that the certificate holder undergo training: (iii) make an order that the certificate holder work under supervision for a period that the Licensing Authority specifies in the order: (iv) make an order that the certificate holder work subject to conditions and for a period that the Licensing Authority specifies in the order: (v) bar the certificate holder from applying for a licence or certificate of approval for a period that the Licensing Authority specifies in the order or until certain conditions are met: (vi) fine the certificate holder any amount not exceeding $2,000: (vii) reprimand the certificate holder. (1A) If unsatisfactory conduct is proved, a Licensing Authority- (a) must not take action under subsection (1) in relation to that conduct; but (b) may take action under subsection (1B). (1B) If, after a hearing in accordance with section 77, a Licensing Authority is satisfied that unsatisfactory conduct has been proved on the complaint or under section 77(1)(b), as the case may be, the Authority may do all or any of the following things that may be appropriate: (a) order that the certificate holder undergo training: (b) order that the certificate holder work under supervision for a period that the Authority specifies in the order: (c) order that the certificate holder work subject to conditions and for a period that the Authority specifies in the order: (d) reprimand the certificate holder: (e) order that the certificate holder apologise to the complainant. (2) If, after a hearing, a Licensing Authority is not satisfied that the grounds for disciplinary action have been proved, the Authority must dismiss the matter. (3) A cancellation must be in writing, with reasons, and state the date on which the cancellation takes effect. (4) While any order of suspension of a certificate of approval made under this section continues in force,- (a) the certificate of approval ceases to have effect and must not be renewed; and (b) no new licence in respect of the business or (if more than 1) any 1 or more of the businesses to which the certificate relates or new certificate of approval of the same type may be issued to the holder. (5) A fine imposed by a Licensing Authority on a certificate holder under this section is a debt due by the holder to the Crown, and is recoverable in any court of competent jurisdiction. (6) A Licensing Authority must as soon as practicable give notice in writing of the decision made by the Authority under this section, and of any penalty imposed by the Authority to- (a) the certificate holder; and (b) the person by whom he or she is for the time being employed; and (c) the Commissioner of Police; and (d) the complainant (if any) if the complainant is not a constable; and (e) the chief investigator of the Complaints, Investigation, and Prosecution Unit. .

83 Discretionary grounds for cancellation of certificate This section applies (and, under section 81, an Authority may cancel the certificate of approval) if— (a) the certificate holder has breached a condition of the certificate of approval imposed under section 53(7): (ab) the Licensing Authority determines that the certificate holder is no longer suitable to carry on the class of business to which the certificate relates because of the person’s character, circumstances, or background: (b) the certificate holder has been convicted of an offence under any of the provisions specified in Schedule 1: (c) the certificate holder, in the course of carrying on the business to which the certificate relates, uses any dog and, in respect of that dog, is convicted of an offence against any of the provisions of the Dog Control Act 1996: (d) the certificate holder, having been convicted of an offence against this Act is, within 3 years after the date of the conviction, again convicted of an offence against this Act: (e) the certificate holder has been guilty of misconduct or gross negligence (whether or not in the course of carrying out the work business to which the certificate relates: (f) the certificate holder has— (i) been convicted outside New Zealand of an offence; or (ii) had an order imposed in relation to him or her by any court or tribunal outside New Zealand, instead of passing sentence, that he or she be treated or cared for in relation to his or her mental impairment: (g) the certificate holder is adjudged bankrupt, or makes any assignment for the benefit of his or her creditors, or makes any composition with his or her creditors: (h) the Licensing Authority determines that a false statement was made in the application for the certificate. approval relates):

100 Complaints, Investigation, and Prosecution Unit (1) The chief executive of the department of State designated by the Prime Minister must provide a Complaints, Investigation, and Prosecution Unit consisting of employees of that department. (2) The chief executive of the department designated under subsection (1) must designate an employee of that department to be the chief investigator of the unit. (3) The chief investigator of the unit, and persons authorised by the chief investigator, persons have the powers conferred on them by this Act.

101 Functions of Complaints, Investigation, and Prosecution Unit The functions of the Complaints, Investigation, and Prosecution Unit are- (a) to prepare reports on applications for licences and certificates of approval when requested under Part 2: (b) to take part in oral hearings of applications for licences and certificates of approval as provided for in Part 2: (c) to prepare reports on complaints against licensees and licensees, certificate holders holders, and persons referred to in section 73AAA(1)(a) or (b) and matters referred by an Authority when requested under Part 4: (d) to take part in disciplinary hearings as provided for in Part 4: (e) to institute prosecutions for contraventions of this Act, and regulations made under this Act, in the cases that the chief investigator of the unit considers appropriate.

101 Functions of Complaints, Investigation, and Prosecution Unit The functions of the Complaints, Investigation, and Prosecution Unit are- (a) to prepare reports on applications for licences and certificates of approval when requested under Part 2: (b) to take part in oral hearings of applications for licences and certificates of approval as provided for in Part 2: (c) to prepare reports on complaints against licensees and certificate holders and matters referred by an Authority when requested under Part 4: (d) to take part in disciplinary hearings as provided for in Part 4: (e) to institute prosecutions for contraventions of this Act, and regulations made under this Act, in the cases that the chief investigator of the unit considers appropriate.

to carry out investigations necessary or desirable for the performing of functions under paragraphs (a) to (e).

104 Power of Police and Complaints, Investigation, and Prosecution Unit to require information for law enforcement purposes (1) Any constable or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit (authorised person) who has reasonable cause to suspect that a person has committed or is committing or is attempting to commit any offence against this Act may require that person to give particulars of his or her- (a) name and address; and (b) date of birth. (2) If the constable or authorised person has reasonable grounds to suspect that any particulars provided under subsection (1) are false, he or she may require the person to supply satisfactory evidence of those particulars. (3) If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any constable or authorised person under this section, and persists in that refusal or failure after being cautioned by the constable or authorised person, that person may be arrested, without warrant, by any constable. (4) A person commits an offence who, having been required by a constable or authorised person to supply particulars or evidence under this section, without reasonable excuse,- (a) refuses or fails to supply the particulars or evidence; or (b) knowingly or recklessly supplies any particulars or evidence that are false in a material respect. (5) A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

104 Power of Police and Complaints, Investigation, and Prosecution Unit to require information (1) Any constable or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit (authorised person) or an authorised person who has reasonable cause to suspect that a person has committed or is committing or is attempting to commit any offence against this Act may require that person to give particulars of his or her- (a) name and address; and (b) date of birth. (2) If the constable or authorised person has reasonable grounds to suspect that any particulars provided under subsection (1) are false, he or she may require the person to supply satisfactory evidence of those particulars. (3) If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any constable or authorised person under this section, and persists in that refusal or failure after being cautioned by the constable or authorised person, that person may be arrested, without warrant, by any constable. (4) A person commits an offence who, having been required by a constable or authorised person to supply particulars or evidence under this section, without reasonable excuse,- (a) refuses or fails to supply the particulars or evidence; or (b) knowingly or recklessly supplies any particulars or evidence that are false in a material respect. (5) A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

104 Power of Police and Complaints, Investigation, and Prosecution Unit to require information (1) Any constable or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit (authorised person) who has reasonable cause to suspect that a person has committed or is committing or is attempting to commit any offence against this Act may require that person to give particulars of his or her- (a) name and address; and (b) date of birth. (2) If the constable or authorised person has reasonable grounds to suspect that any particulars provided under subsection (1) are false, he or she may require the person to supply satisfactory evidence of those particulars. (3) If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any constable constable, the chief investigator, or any authorised person under this section, and persists in that refusal or failure after being cautioned by the constable or authorised person, that person may be arrested, without warrant, by any constable. (4) A person commits an offence who, having been required by a constable or authorised person to supply particulars or evidence under this section, without reasonable excuse,- (a) refuses or fails to supply the particulars or evidence; or (b) knowingly or recklessly supplies any particulars or evidence that are false in a material respect. (5) A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

104 Power of Police and Complaints, Investigation, and Prosecution Unit to require information (1) Any constable or a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit (authorised person) who has reasonable cause to suspect that a person has committed or is committing or is attempting to commit any offence against this Act may require that person to give particulars of his or her- (a) name and address; and (b) date of birth. (2) If the constable or authorised person has reasonable grounds to suspect that any particulars provided under subsection (1) are false, he or she may require the person to supply satisfactory evidence of those particulars. (3) If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any constable or authorised person under this section, and persists in that refusal or failure after being cautioned by the constable or authorised person, that person may be arrested, without warrant, by any constable. (4) A person commits an offence who, having been required by a constable constable, the chief investigator, or an authorised person to supply particulars or evidence under this section, without reasonable excuse,- (a) refuses or fails to supply the particulars or evidence; or (b) knowingly or recklessly supplies any particulars or evidence that are false in a material respect. (5) A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.

104A Power of Complaints, Investigation, and Prosecution Unit to require information for regulatory purposes (1) The chief investigator or an authorised person may, by written notice, require a person to produce documents or other information in the possession or control of the person. (2) However, notice may only be given if the chief investigator or authorised person is satisfied that the documents or information are reasonably necessary for carrying out 1 or more of the functions of the Complaints, Investigation, and Prosecution Unit in section 101. (3) The written notice must contain the following information: what information or documents must be provided: when and to whom the information or documents must be provided. (4) The notice may specify the manner or format in which the information or documents are to be provided. (5) A person commits an offence if the person, without reasonable excuse, refuses or fails to comply with a requirement to provide information or documents in accordance with a notice under this section. (6) A person who commits an offence is liable on conviction,— in the case of an individual, to a fine not exceeding $10,000; or in the case of a body corporate, to a fine not exceeding $20,000.

105 Providing false information A person commits an offence, and is liable on conviction to a fine not exceeding $20,000, who- (a) is required by or under this Act to provide information to a Licensing Authority, a person authorised by the chief investigator of the Complaints, Investigation, and Prosecution Unit, or an authorised person, or a constable; and (b) gives false information knowing that it is false or being reckless as to whether it is false.

(2A) A written notice under section 104A may be served on a person (other than a holder of a licence or certificate of approval) by— delivering it in person; or leaving it or sending it by post addressed to the person at the person’s usual or last known place of residence or the place of business at which the person is employed or engaged.

(1B) Without limiting subsection (1), rules made under section 116 of the Residential Tenancies Act 1986, and that are expressed to apply to proceedings for a unit title dispute, apply in respect of the hearing and determination of a unit title dispute by a Tenancy Tribunal.