Call to Dismiss Registrar of Private Investigators & Security Guards
"The Registrar of Private Investigators and Security Guards, Gary Harrison,
who administers the licensing of private investigators and security guards,
is himself under the spotlight following a complaint of misconduct and
incompetence to the Minister of Justice."
"The complaint to the Minister by Bruce Stuart-Menteath arises from the
allegedly improper manner in which Harrison dealt with an earlier complaint
by Stuart-Menteath concerning the conduct of Provision Security Ltd in May
2007, when it was working for Solid Energy at the Stockton open cast coal
mine north east of Westport."
"At that time Stuart-Menteath was doing a kiwi count on Mt Augustus, below
the Stockton mine, and was harassed and his camp placed under covert
surveillance by Provision security guards who were operating without
authorisation on Department of Conservation (DOC) land. When he asked them
to identify themselves, as they are required to by the Private Investigators
and Security Guards Act 1974, they either refused or claimed they had no
identification."
"The matter was set down for a hearing at the Christchurch District Court on
22 February this year."
"Prior to the hearing date Stuart-Menteath repeatedly sought an adjournment
on the grounds that Provision had refused to comply with his requests for
documentation it held on the incidents, which would probably have provided
added proof of his complaint. But Harrison refused because he gave priority to holding the
hearing in conjunction with another complaint, in order to take advantage of
courtroom availability, over and above being fully informed about
Provision's conduct. Stuart-Menteath also requested that Harrison use his extensive
powers to enforce discovery, but he was ignored.
"Stuart-Menteath claims that by such conduct Harrison was actively
preventing the introduction of evidence that was likely to support his
complaint."
"It was also apparent that Harrison was willing to accept at face value the
misleading and transparently false advice of Provision's lawyer, Alistair
Darroch, which seriously impacted on Stuart-Menteath to his disadvantage."
"Nevertheless, in their statements of evidence Provision's security guards,
and its director, Gavin Clark (also a director of Thompson & Clark
Investigations), clearly admitted that there had been breaches of the law with regard
to failing to provide identification and operating on DOC land without
authorisation. It was likely that further offences would have been revealed
at the hearing."
"But at about 9.30 am on the day before the hearing date Stuart-Menteath was
'ambushed' by a phone call from the Christchurch District Court when he was
told that Harrison had decided (after consulting with Provision's lawyer) to
bring the hearing of his complaint forward to 12 pm that day and that if he
did not attend his complaint would be dismissed."
"There were significant practical difficulties for Stuart-Menteath to attend
the hearing at such short notice."
"Stuart-Menteath objected to the short notice, stated that he could not
attend due to other commitments and that, regardless, he could not contact
his witnesses, but Harrison refused to allow the hearing to be held the next
day as he had originally advised. When Stuart-Menteath failed to appear
Harrison dismissed his complaint and subsequently awarded Provision Security
$1,500 costs before Stuart-Menteath had even been provided with a copy of
its application."
"To compound the injustice Harrison subsequently advised Stuart-Menteath
that there were no provisions for a complainant to appeal his decisions."
"By his conduct in this matter Harrison has sent a strong signal that he has
no qualms about engaging in creative procedures that will support the
private investigation and security industry when it has to defend itself
from complaints about its illegal practices. And for the public? Well,
better not complain at all or it will cost you."
"With increasing public concern these days about invasions of personal
privacy by the surveillance industry, there is a pressing need for assurance
that the process of granting licences to operate as private investigators or
security guards, and the hearing of complaints, is robust and impartial and
does not tolerate operators who are willing to bend, or break, the law when
it suits their ends."
"In this process the position Harrison plays an important role in our
society that should promote and uphold the highest standards of honesty and
professional integrity within the private investigation and security
industry, and gain the confidence of the general public that he is doing
so."
"The matter is presently before the Associate Minister of Justice, Clayton
Cosgrove."
End
Please forward to your contacts.
For further information contact: Bruce Stuart-Menteath - Ph/Fax 03 322 7898
