Corrections Act 2004

Corrections system - Miscellaneous - Escort services and courtroom custodial services

167: Requirements of security contracts

You could also call this:

"What security companies must do when they have a contract with the government"

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When you have a security contract, it must say what jobs the security officers will do. The contract must also have rules for the security company, like how they will treat people and what training the officers will get. The security company must work with the government and other agencies.

You must make sure the security company has enough staff to do their jobs and that they have the right insurance. The contract must also say what happens if the security company breaks the rules. The security company must follow the law and not do anything that might cause problems.

The security company must also follow the rules of the New Zealand Bill of Rights Act 1990 and be a good employer. They must do this as if they were part of the government. The contract can have other rules as long as they do not go against the law.

The security company must comply with the requirements of section 196 and follow any guidelines issued under this section. They must also follow the rules of the Public Service Act 2020, like sections 73 and 74.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296557.


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166: Provision of escort services or courtroom custodial services under contract, or

"The government can hire someone to keep people safe in court or while moving them."


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Part 2Corrections system
Miscellaneous: Escort services and courtroom custodial services

167Requirements of security contracts

  1. Every security contract must specify the particular escort duties or, as the case requires, the particular courtroom custodial duties that are to be carried out by security officers under the contract.

  2. Every security contract must provide for—

  3. objectives and performance standards (which standards must not be any lower than any relevant standards applicable to employees of the department) for the security contractor in relation to—
    1. the carrying out of the obligations of the security contractor under the contract; and
      1. the treatment of the persons in respect of whom escort duties or courtroom custodial duties are carried out under the contract; and
      2. the employment by the security contractor of sufficient suitable persons to carry out the security contractor's statutory and contractual obligations in respect of the security contract; and
        1. the training to be provided, at the expense of the security contractor, to security officers employed by the security contractor, which training must be—
          1. to the standard appropriate for the particular position; and
            1. to a standard no lower than the standard of training received by any security officers employed by the chief executive; and
            2. the co-ordination of services and processes of the security contractor with those of the department, the Police, other government agencies, and other security contractors; and
              1. the arranging and maintenance, by the security contractor, of adequate insurance against the security contractor's liability for claims arising out of, or in connection with, the security contract; and
                1. the termination of the contract for breach of contract; and
                  1. the avoidance of conflicts of interest that might arise in relation to the exercise or performance, by the security contractor or any security officer employed by the security contractor, of any power, duty, or function conferred or imposed by or under the security contract or by or under this Act or by or under any regulations made under this Act.
                    1. Every security contract must impose on the security contractor, in relation to the provision of services under the contract, a duty to—

                    2. comply with the requirements of this Act, any regulations made under this Act, and any instructions issued under section 196 in so far as those requirements are applicable to the services to be provided by the security contractor under the contract, and take into account any guidelines issued under section 196; and
                      1. comply with the requirements of the New Zealand Bill of Rights Act 1990, as if the security contractor and any security officers employed by the security contractor were employees of the chief executive; and
                        1. comply with the requirements of sections 73 and 74 of the Public Service Act 2020 (which relate to good employer and equal employment policies), as if the security contractor were the chief executive of a department within the meaning of that Act.
                          1. A security contract may contain any other provision that is agreed between the chief executive and the security contractor that is not inconsistent with—

                          2. this Act; or
                            1. any regulations made under this Act.
                              Compare
                              • 1954 No 51 s 36H
                              Notes
                              • Section 167(3)(c): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).