PSPLA Update 7/9/22

Kia ora koutou members and supporters of NZISM. Last week I participated in the hearing in relation to the implications of the Private Security Personnel and Private Investigators Act 2010 (PSPPI Act) on health and safety investigators and auditors.

As a quick outline, there were questions on whether the requirements of the Private Security Personnel Licensing Authority (PSPLA) apply to health and safety investigators and auditors. Documents released earlier this year based on a report prepared for the Chief Investigator [CIPU] and the PSPLA suggested that both investigators and auditors are captured under the Act. In conjunction with HASANZ, we took a coordinated submission process which allowed us (NZISM) and you as members an opportunity to provide feedback. This culminated in a hearing on 1 September 2022 which allowed us to present our submission and answer any questions the Authority had.

There are a few key points from the hearing:

Of note, the Authority particularly wanted to give certainty to both consultants performing health and safety activities and organisations’ that engage consultants, on how the Act is to be applied and interpreted in this context. While not yet confirmed, the Authority indicated that the Act is unlikely to apply to auditors.

There was also significant discussion on the extent and type of work that health and safety investigators performed, and NZISM member Karl Berendt (who also spoke) was able to give a robust perspective on the typical investigation approach and the touch points in relation to the requirements under the Act.

The Authority also advised that the end process would not result in a binding decision, but rather a clear indication on whether the Authority considered the Act applied to those conducting workplace health and safety investigations and audits ie. what would be their approach if a complaint was raised and how might it be managed.

I feel confident that the Authority now has a good understanding, not only of the work that health and safety investigators and auditors undertake, but also the training and competency requirements in relation to NZISM and the HASANZ register. The Authority indicated it thought the oversight provided by NZISM and HASANZ over its members was adequate to ensure they are suitably qualified and competent to undertake health and safety investigations and audits.

At present, we are waiting on a final decision from the Authority to confirm one way or other, who the Authority considers is covered by Act, and the likely implications (ie. Private Investigator licensing, NZISM member, or HASANZ registration). There is no set date for response at this stage and may take some months. In the meantime, however, the Authority has confirmed that the exemption for those on the HASANZ register remains in place for health and safety investigators and auditors, and this is likely to be extended after the final decision is received, to give HASANZ and/or NZISM time to apply for an exemption for all of its members.

I will advise of the final instruction from the Authority as soon as I hear. If you wish to contact me, please do so by email at president@nzism.org

Ngā mihi

Robyn Bennett

President, NZISM