Why PSPLA Certification Matters for Workplace Investigations - and What Happens When an Investigator Isn't Certified

When a serious complaint is raised in your workplace, harassment, bullying, serious misconduct, a discrimination allegation, your instinct may be to handle it internally, or to engage your regular HR consultant to investigate. In many cases, that instinct will expose your business to significant legal risk.

Under the Private Security Personnel and Private Investigators Act 2010 (PSPLA), anyone conducting workplace investigations in New Zealand must hold a current PSPLA licence. This is not a guideline or a best practice recommendation, it is a legal requirement. And it is one that most NZ businesses, and many HR consultants, are unaware of.

What Is the PSPLA?

The Private Security Personnel and Private Investigators Act 2010 regulates the private security and investigation industry in New Zealand. It requires anyone who carries out private investigation work, which includes workplace investigations, to be licensed by the PSPLA.

The licensing requirements include a fit and proper person assessment, relevant qualifications or experience, and ongoing compliance obligations. The purpose of the licensing regime is to ensure that investigations are conducted by people who have the skills, knowledge, and ethical standards to do so properly.

What Counts as a 'Workplace Investigation' Under the PSPLA?

The PSPLA's definition of investigation work is broad. It covers any systematic inquiry into the conduct, activities, or character of a person, which includes:

• Investigations into allegations of harassment or bullying

• Investigations into serious misconduct (theft, fraud, dishonesty)

• Investigations into discrimination or equity complaints

• Investigations into conflicts of interest

• Investigations into health and safety incidents involving employee conduct

• Any formal inquiry into an employee's behaviour or conduct

  
  

Informal performance conversations or disciplinary processes conducted by a manager do not typically require PSPLA licensing. But once a formal investigation is initiated, particularly where the investigator is gathering evidence, interviewing witnesses, and producing a written report, the PSPLA requirements apply.

What Happens When an Uncertified Investigator Conducts a Workplace Investigation?

The consequences of using an uncertified investigator can be severe, and they fall on the employer, not the investigator.

The Investigation Findings May Be Challenged

If an employee or their legal representative discovers that the investigation was conducted by an uncertified investigator, they can challenge the validity of the investigation findings. The ERA has the discretion to give reduced weight to findings produced by an uncertified investigator, or to disregard them entirely.

The Employer's Position Is Weakened

If the investigation findings are challenged or disregarded, the employer's ability to justify any action taken on the basis of those findings, including dismissal, is significantly weakened. An employer who dismissed an employee following an investigation conducted by an uncertified investigator may find themselves unable to defend that dismissal at the ERA.

The Employer May Face Additional Liability

Using an uncertified investigator may itself constitute a failure of good faith under the Employment Relations Act. Employers have an obligation to act in good faith in all employment relations matters, and engaging an uncertified investigator to conduct a formal investigation may be found to fall short of that standard.

How to Verify PSPLA Certification

The PSPLA maintains a public register of licensed investigators. Before engaging anyone to conduct a workplace investigation, you can verify their current license status at the PSPLA website. A current license will show the investigator's name, license number, and expiry date.

Be aware that a license can expire. Always verify that the license is current at the time the investigation is conducted, not just at the time the investigator is engaged.

What About Internal Investigations?

Many NZ businesses attempt to conduct workplace investigations internally, using a senior manager, an HR manager, or a director. Unless that person holds a current PSPLA license, this approach carries the same risks as engaging an uncertified external investigator.

Internal investigations also carry additional risks: the investigator may be perceived as biased, they may lack the skills to conduct a procedurally fair investigation, and they may be called as a witness in any subsequent ERA proceedings, which compromises both their role as investigator and their role as a witness.

For any matter that could result in dismissal or significant disciplinary action, an independent, PSPLA-certified external investigator is almost always the right choice.

The HR Factor's Approach to Workplace Investigations

All of The HR Factor's workplace investigators hold current PSPLA certification. We conduct independent, thorough, and legally defensible investigations into serious workplace matters including harassment, bullying, misconduct, discrimination, and complex interpersonal disputes.

Our investigations follow a rigorous process: scoping the investigation, gathering evidence, interviewing all relevant parties, analysing the evidence, and producing a written report that sets out our findings and the reasoning behind them. Our reports are designed to withstand ERA scrutiny, because they are produced by investigators who understand exactly what that scrutiny looks like.

If you have a matter that requires investigation, or if you are unsure whether your current situation warrants a formal investigation, contact us for a confidential discussion. The initial conversation is free.