Posted by: transparencynz | August 23, 2016

Private security Personnel Licensing authority – Ultra Vires?

Roger GillThe private security personnel licensing authority is a statutory body which   controls all  Investigator and  security guard licenses

I have raised the issue of the authority not being  qualified   and have requested an  OIA  to establish the legal basis on which the authority claims to legitimately hold office  no response has been received and it now appears that ” the authority ” is away on leave

The legislation states http://www.legislation.govt.nz/act/public/2010/0115/latest/DLM1594620.html

No person may hold office as Licensing Authority unless he or she is a barrister or solicitor of the High Court of not less than 5 years’ standing

I Checked the roll of lawyers and could not see Mr Gill’s name on it so I wrote  to the law society and got the response that  he had not had a practicing certificate since 30 June 2015

From: Registry Mailbox [mailto:registry@lawsociety.org.nz]
Sent: Tuesday, 16 August 2016 8:35 a.m.
To: Grace Haden <grace@verisure.co.nz>
Subject: RE: registration of barrister

Dear Grace

Mr Roger Bernard William GILL does not hold a current practising certificate.

His last certificate issued by the New Zealand Law Society expired on 30 June 2015.

Kind regards
REGISTRY ADMINISTRATOR

NEW ZEALAND LAW SOCIETY | DD: +64 4 463 2919 | PH: 0800 22 30 30 | F: +64 4 463 2989

lawsociety.org.nz

26 Waring Taylor Street, Wellington 6011, New Zealand
DX SP20202 | PO Box 5041, Wellington 6140, New Zealand

 

I again consulted legislation

http://www.legislation.govt.nz/act/public/2006/0001/latest/DLM364948.html

barrister means a person enrolled as a barrister and solicitor of the High Court under or by virtue of this Act and practising as a barrister, whether or not he or she also practises as a solicitor; and, in relation to any country outside New Zealand, includes, for the purposes of sections 49(3)(a) and 53, any person authorised to exercise in that country functions similar to those exercised by barristers in New Zealand

solicitor means a person enrolled as a barrister and solicitor of the High Court under, or by virtue of, this Act and practising as a solicitor, whether or not he or she also practises as a barrister; and, in relation to any country outside New Zealand, includes, for the purposes of sections 49(3)(a) and 53, any person authorised to exercise in that country functions similar to those exercised by solicitors in New Zealand

lawyer means a person who holds a current practising certificate as a barrister or as a barrister and solicitor

 

http://www.legislation.govt.nz/act/public/2006/0001/latest/DLM365726.html

 

21 Provision of legal services

(1)A person commits an offence who, not being a lawyer or an incorporated law firm,ā€”

(a)provides legal services in New Zealand; and

(b)describes himself, herself, or itself asā€”

(i)a lawyer; or

(ii)a law practitioner; or

(iii)a legal practitioner; or

(iv)a barrister; or

(v)a solicitor; or

(vi)a barrister and solicitor; or

(vii)an attorney-at-law; or

(viii)counsel.

From the Law society web site

http://www.lawsociety.org.nz/practice-resources/new-zealand-law-society-guide-for-new-lawyers/becoming-a-lawyer

Who is a “lawyer”?

 A lawyer is a person who holds a current practising certificate issued by the New Zealand Law Society. Lawyers practise either as a barrister and solicitor or as a barrister (sometimes called a “barrister sole”).

Anyone providing certain legal services who describes themselves as a “lawyer”, a “barrister”, or a “barrister and solicitor” but who doesn’t hold a current practising certificate commits an offence against the Lawyers and Conveyancers Act 2006 (“the LCA”).

If you have been admitted as a barrister and solicitor but do not hold a current practising certificate, you may refer to yourself as an “enrolled barrister and solicitor of the High Court”.

Going back to the definition in the pspla  act

No person may hold office as Licensing Authority unless he or she is a barrister or solicitor of the High Court of not less than 5 years’ standing.

Since Mr Gill is not a lawyer  he is not a barrister   he has no statutory obligations to the rule of law  and is also  not an officer of the court ,  statute states that he is to be a barrister or solicitor. so  what  implications does this have on  the enforcement of the Private security personnel licensing act ?

can some one  without  the legal standing to be the authority make decisions on the suitability of   Security guards and Private investigators suitability  to hold their  jobs ?

Are the  decisions Roger Gill  has made since  30  June 2015 a ultra vires ? and therefore void ?

Will we re write legislation to  cover this glaring  non compliance with statute ?

I Raised the issue with the ministers. I now note that Mr Gill is away until the end of the month.  strange that when so many  licences come up for renewal in August .

His deputy  Stevan Cole was  the deputy  he has since become a community magistrate   it would appear that no one has been appointed as deputy  therefore   it seems like there is no Legal “authority”

 

How the Authority is chosen

The Authority is appointed by the Governor-General on the advice of the Minister of Justice. They must have at least 5 yearsā€™ experience as a barrister or solicitor of the High Court. Appointments to the position are for a term of 3 years, and a person may be reappointed.

The current Authority is Mr Roger Gill. source  ( note how the justice dept  gets their definition wrong  the operative word IS  is missing  )

 

Mr Gill is a qualified lawyer and has 16 years experience as a Chief Executive of four national organisations, including the Investment Savings and Insurance Association of New Zealand and the New Zealand Stock Exchange. For the past 12 years Mr Gill was a Registrar and Manager of the Wellington High Court.

.  source 

 

Roger Gill of Kapiti has also been reappointed as the Private Security Personnel Licensing Authority for a term of three years. The Authority considers applications for licences and certificates for people working in the security and private investigators industries.  source

more info on Roger Gill  

Roger Gill of Kapiti has also been reappointed as the Private Security Personnel Licensing Authority for a term of three years. The Authority considers applications for licences and certificates for people working in the security and private investigators industries.

Ultra Vires   Latin for “beyond powers,” in the law of corporations, referring to acts of a corporation and/or its officers outside the powers and/or authority allowed a corporation by law.


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