By NZISM Secretary


Kia ora koutou members and supporters of NZISM. We are now seeing further implications of the Private Security Personnel and Private Investigators Act 2010 (PSPPI Act) on health and safety investigators and auditors with the release of several documents. (As a quick reminder, there were questions on whether the requirements of the Private Security Personnel Licensing Authority (PSPLA) apply to health and safety investigators and auditors.) The documents released are a legal opinion and an investigation report prepared for the Chief Investigator (CIPU) and the PSPLA, both of which can be accessed at the bottom of this update.

Of note is a test in the CIPU investigation report on what may trigger the requirement to hold a license under the Act. It states that:

"Key aspects to assist to determine whether a health and safety investigation or audit may be captured by the PSPPI Act, include the following questions:

  • Are individuals or groups being interviewed, and are statements being taken or recorded?
  • Are maintenance, training, incident, or other records or reports examined?
  • Is other information being sought or obtained that is not a public record?
  • Is information about individuals’ behaviours, actions, or character being gathered?
  • Is information that is generally considered private being obtained or provided to the health and safety investigator or auditor?
  • Is a report being generated that includes conclusions or recommendations? (p.27)"
This test means there are far wider implications than anticipated, particularly for auditors, and we have lack of clarity on specific definitions. For example, how does it apply to international ISO 45001 auditors, health and safety reviews, or even health and safety professionals who undertake investigations as part of a fixed contract but where they are not directly employed?
So what now?
Firstly, HASANZ is looking at a coordinated submission process, which is being developed now. This will give NZISM and you as members an opportunity to provide feedback. There is also a hearing on the 1 September 2022 that NZISM will be looking to attend. There is also work behind the scenes in anticipation of the hearing looking at options on how the requirements of the PSPPI Act might be more easily met.
Remembering, for health and safety investigators and auditors, and those engaging them:
  • Health and safety practitioners and professionals conducting in-house workplace investigations or audits are exempt.
  • The PSPLA has put a dispensation in place for those that are members’ of HASANZ, which we have understood to mean current NZISM members who are on the HASANZ register.
I continue to be involved in this activity and will keep you updated as things progress.
If you wish to contact me, please do so by email at
Ngā mihi,
Robyn Bennett
NZISM President
Links to the referenced documents: