nzipi pages from december 12

1
www.FireandSecurityNews.co.nz 39 December 2012 - January 2013 Association News NZIPI I t has recently been brought to my attention in my capacity as Chairman of NZIPI, a case involving a lawyer who instructed an investigator to perform an investigation of a matter on behalf of his large corporate client. A client that actually has a preferred investigators list. The investigator in question has conducted many such investigations and was reasonably well known. The investigator was not however a member of NZIPI. It transpired the subject of the investigation did not take kindly to the inferences and findings of the investigator and sought to have the outcome challenged. He took up his own case and engaged his own legal counsel. In the process of examining the investigation it was learned that the investigator in question was not licensed by the PSPLA or indeed was never previously licensed under the old PISG Act 1974 despite, as I mentioned, being well known and approved to be a preferred investigator for a large corporate. Benefits of Using an NZIPI Member A complaint was lodged, and the investigator was told by the DIA to cease working pending his application. The company duly applied, but the investigator failed to apply for a COA and continued to perform investigations, resulting in yet another complaint. The matter was determined and the investigator formally warned, but that is not the end of the matter. The complainant sought a legal opinion from an independent Barrister who appears to have the view that the law firm acting for the Corporate should have had a duty of care to ensure that the investigator appointed was legally able (due to legislation requiring the investigator to be licensed to make such enquiries) to perform the investigation asked. If the lawyer, or the Corporate had opted to insist that the investigator(s) they use are members of NZIPI what would have been the outcome…. To qualify for membership a person must complete an application and provide evidence of their license, their CV and background. This information is passed to every member who is able to comment favourably or adverse in complete privacy to the membership committee who will in turn make a recommendation to the Executive. In short, the above could never happen. With the current licensing regime that allows virtually every applicant for any class of COA to be a licensed PI COA and with persons promoting themselves as investigators who just ignore the rules, and even when caught out, just continue to trade, if ever there was a time for corporates and/or their lawyers to look to NZIPI as the Industry Body, it is in the current environment with our new Act, the recent application of the Civil Tort of Invasion of Privacy etc. Caveat Emptor indeed…. Let the buyer beware. Ron McQuilter - Chairman NZIPI www.nzipi.org.nz Membership Profiles coming soon At our recent Committee meeting it was agreed that from the next edition of this magazine we will be featuring member profiles that will allow readers to get to know our many highly experienced members and their vast and interesting backgrounds with peculiarities of their region of New Zealand that impact on their business and activities. Spy Phone App There has been a lot of media in recent months about the need to be aware that public places are just that... PUBLIC... and anyone could be recording your every action or word. This latest APP called SPY VIDEO is available for just US$1.99 and once installed the user of the phone just touches the screen APP and the phone immediately (using a dark screen) will video front or rear for as long as the phones capacity or battery will allow. This is very scary stuff and the need for vigilance is getting higher each day. Ron McQuilter is the current chairman of the NZIPI and is Managing Director of Paragon Investigations Ron can be contacted by email: [email protected]

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Page 1: Nzipi pages from december 12

www.FireandSecurityNews.co.nz 39December 2012 - January 2013

Association News NZIPI

It has recently been brought to my attention in my capacity as Chairman of NZIPI, a case involving a lawyer who instructed an investigator to

perform an investigation of a matter on behalf of his large corporate client. A client that actually has a preferred investigators list. The investigator in question has conducted many such investigations and was reasonably well known. The investigator was not however a member of NZIPI. It transpired the subject of the investigation did not take kindly to the inferences and findings of the investigator and sought to have the outcome challenged. He took up his own case and engaged his own legal counsel. In the process of examining the investigation it was learned that the investigator in question was not licensed by the PSPLA or indeed was never previously licensed under the old PISG Act 1974 despite, as I mentioned, being well known and approved to be a preferred investigator for a large corporate.

Benefits of Using an NZIPI Member

A complaint was lodged, and the investigator was told by the DIA to cease working pending his application. The company duly applied, but the investigator failed to apply for a COA and continued to perform investigations, resulting in yet another complaint. The matter was determined and the investigator formally warned, but that is not the end of the matter. The complainant sought a legal opinion from an independent Barrister who appears to have the view that the law firm acting for the Corporate should have had a duty of care to ensure that the investigator appointed was legally able (due to legislation requiring the investigator to be licensed to make such enquiries) to perform the investigation asked. If the lawyer, or the Corporate had opted to insist that the investigator(s) they use are members of NZIPI what would have been the outcome…. To qualify for membership a person must complete an application and provide evidence of their license, their CV and background.

This information is passed to every member who is able to comment favourably or adverse in complete privacy to the membership committee who will in turn make a recommendation to the Executive. In short, the above could never happen. With the current licensing regime that allows virtually every applicant for any class of COA to be a licensed PI COA and with persons promoting themselves as investigators who just ignore the rules, and even when caught out, just continue to trade, if ever there was a time for corporates and/or their lawyers to look to NZIPI as the Industry Body, it is in the current environment with our new Act, the recent application of the Civil Tort of Invasion of Privacy etc. Caveat Emptor indeed…. Let the buyer beware.

Ron McQuilter - Chairman NZIPIwww.nzipi.org.nz

Membership Profilescoming soon

At our recent Committee meeting it was agreed that from the next edition of this magazine we will be featuring member profiles that will allow readers to get to know our many highly experienced members and their vast and interesting backgrounds with peculiarities of their region of New Zealand that impact on their business and activities.

Spy Phone App

There has been a lot of media in recent months about the need to be aware that public places are just that... PUBLIC...and anyone could be recording your every action or word. This latest APP called SPY VIDEO is available for just US$1.99 and once installed the user of the phone just touches the screen APP and the phone immediately (using a dark screen) will video front or rear for as long as the phones capacity or battery will allow. This is very scary stuff and the need for vigilance is getting higher each day.

Ron McQuilter is the current chairman of the NZIPI and is Managing Director of Paragon Investigations

Ron can be contacted by email:[email protected]