The new Private Investigators Act has commenced in New Zealand, bringing with it a new Code of Conduct that was released late and contains ambiguities. Specifically, it states that private investigators can photograph or video, but then prohibits the use of "optical equipment", leaving investigators confused about how to comply. Applications are underway to renew licenses under the new system, but licenses will now be issued as an A4 paper sheet rather than a proper card, sparking debate. NZIPI has also had success working with authorities to maintain access to vehicle owner information for investigations.
1. NZIPI Update
Since our last update the new Act has commenced and for licensed private investigators, a new
Code of Conduct. I reported last moth about the lack of communication from MOJ and the Code was
received at 5.30pm on the Eve of the Act commencing, without any discussion and is arguably a
lesson on how not to write legislation.
The Code of Conduct written by MOJ came with Explanatory Notes complied by the government and
the two conflict entirely. The Act came into power with the old Section 52 removed and the Notes
gave the reasons for this removal, summarising that it was time New Zealand, the only country in the
world to have such a draconian law, allowed PI’s to have the same powers as everyone else and to
be able to take photos and videos of offenders, etc. Yet the staffers at MOJ ignored this logic,
arguably in contravention of a government direction, and wrote a Code that says where we can
photograph or video, but then goes on to say that we cannot use “Optical Equipment”.!!! Perhaps,
we should give a prize to anyone who can come up with a way to photograph or video without using
something optical. One PI pointed out that even a rear view mirror is optical.
Still, I am sure the government will see fit to resolve this ambiguity once they consider the nonsense
of the Code which has left the DIA who have been handed responsibility of enforcing the new Act
scratching their heads.
Applications for renewal of licence and COA’s are well underway but we have just been told that PI’s
are not issued a proper licence like before although security guards still get one. Instead we get an
A4 piece of paper. The rationale being that we don’t have to wear it on our person. This is currently
the subject of much debate and again it seems not a lot of though, certainly no communication has
been employed in determining the new policy.
Another recent change that affected Professional Investigators was the removal of Motochek
information on owners of vehicles. NZIPI employed the services of a Barrister and a special
committee worked tirelessly to secure a good relationship and appreciation of the rules. The results
were circulated to our members and to date our applications are being approved. This initiative is
exactly what NZIPI stands for and the time put in by our special committee members requires full
acknowledgement, they were: Mike Campbell (Vice Chairman), Nick Thompson, Murray Towers and
Dan Thompson.
Ron McQuilter - Chairman NZIPI www.nzipi.org.nz
Today’s Spy Van versus Yesterday
I recall the urgent RT message….help, help, they are going to overturn the van… We had parked up
the Ford Transit right next to the picket line with curtains on the window and an agent inside.
Unfortunately, the curtain had somehow got caught in the side door and a little bit of material was
sticking out. One bored picketer started pulling the material and almost fell over when he saw it
being pulled back inside !!! The events that followed are obvious and the agent was lucky not to
have ended up in hospital.
Today’s PI’s have vans with full signwriting, totally obscured and with cameras inside that can record
for days and which can be monitored remotely. (Paragon’s van pictured) Not so much fun, but then
again a lot safer.