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Pearce V Acc Cp57 89 Hc Rotorua exemplary damages - PI video/audio

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Posted 16 October 2005 - 08:17 PM

A good judgement to study, in particular, the role of PI's and restrictions in law on how they can act, claims for breach of duty of care and so on.

Pearce v ACC cp57 89 HC Rotorua

Judgment: High Court, Rotorua (CP57/89) 26, 27 June; 10 October 1991
Judge: Penlington J


PEARCE v ACCIDENT COMPENSATION CORPORATION
High Court, Rotorua (CP57/89) 26, 27 June; 10 October 1991
Penlington J
Pleadings — Striking out — Confusing causes of action alleged — Composite causes of action — Want of particulars — Amendment — High Court Rules. rr l08, 114, 181, 186.
Pleadings— Striking out — No reasonable cause of action disclosed — Abuse of process — High Court Rules, r 186.
Pleadings — Further particulars — Claims for exemplary damages, vicarious liability for assault, and breach of statutory duty— More explicit statement of claim — High Court Rules, r 185,


"That on or about the 27th day of April 1988 while acting as the defendant's agent the private investigator threatened to strike the plaintiff and then did strike him several blows on the arm with a baton, causing the plaintiff distress, worry, anger, shock and humiliation. In addition at the same time and on other diverse occasions, the private investigator, while acting as the defendant's agent committed offences under s 52 of the Private Investigators and Security Guards Act, 1984 by taking photographs and/or videotape recordings of the plaintiff and the plaintiffs wife, without their consent."

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#2 User is offline   hukildaspida 

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Posted 09 July 2012 - 11:08 PM

Does anyone know who the Private Investigator was in this case & if he was reprimanded or struck off under the provisions of the Private Investigators and Security Guards Act, 1984, for assault and other offences?

In our opinion this case should be looked at with a fresh set of eyes, especially in light of what was going on within the Police Force in the Rotorua region around the same era and what has subsequently been exposed in regards to Private Investigators misconduct over the years that, at the time, should have been addressed impartially and transparently.

Was the matter ever referred to the
http://www.police.govt.nz for formal investigation?

Is the Private Investigator concerned still licensed?

Is he a Fit & Proper person?

Has he disclosed these incidents to the current Registrar, Michael Tolhurst, if he still has a License?


Private Security Personnal Private Investigators Regulations 2011
http://accforum.org/...gulations-2011/

Michael Tolhurst
http://accforum.org/...chael-tolhurst/


Excerpts from Decision PEARCE v ACCIDENT COMPENSATION CORPORATION
High Court, Rotorua (CP57/89) 26, 27 June; 10 October 1991
Penlington J
.


The private investigator is not named in the pleading and that person is
not cited as a second defendant.


"That on or about the 27th day of April 1988 while acting as the defendant's agent
the private investigator threatened to strike the plaintiff and then did strike him several
blows on the arm with a baton, causing the plaintiff distress, worry, anger, shock and
humiliation. In addition at the same time and on other diverse occasions, the private
investigator, while acting as the defendant's agent committed offences under s 52 of the
Private Investigators and Security Guards Act, 1984 by taking photographs and/or
videotape recordings of the plaintiff and the plaintiffs wife, without their consent."


From what is in the decision issued by Justice Penlington the PI was working for Auckland Investigations Ltd.
A company that was subsequently operated by Daniel JAMES Thomson & a Daniel ANDREW Thomson.
Are these Thompson's father & son?



As-to-the allegation concerning the private investigator, the defendant
admitted instructing Auckland Investigations Ltd to report whether it
considered the plaintiff was incapacitated for work. It also admitted that on
27 April 1988, an employee of Auckland Investigations Ltd had an
altercation with the plaintiff. Otherwise the defendant denied the plaintiffs
various allegations concerning the private investigator.

The original statement of claim did not contain any allegation of
negligence. The defendant has therefore not so far pleaded to that
allegation.


Result

For the foregoing reasons the causes of action alleging breach of statutory duty
in relation to s 52 Private Investigators and Security Guards Act 1974 and
negligence as pleaded in paras 10 and 11 of the statement of claim are struck out.
The plaintiff is to file and serve a more explicit statement of claim within 14
days of the delivery of this judgment. That statement of claim is to comply
with r 108(B) in the way that I have indicated earlier in this judgment. The
defendant is entitled to particulars of the plaintiffs pleadings in relation to his
claim for exemplary damages.
The plaintiff is legally aided. I accordingly make no order as to costs. I
specify under s 17(2)(e) that I would have ordered costs in the sum of $1500
against the plaintiff if that paragraph had not excluded the plaintiffs
liability,
Causes of action alleging breach of statutory duty under s 52 and negligence struck
out; order that the plaintiff file a more explicit statement of claim in accordance
with r 108(B)
Reported by Jenny Beck

http://www.business....tions%252520Ltd



http://www.business....tigations%20Ltd

AUCKLAND INVESTIGATIONS LIMITED (113617)
Struck off NZ Limited Company
Jacksons Building, Kapanui Street, Warkworth, New Zealand
Incorporation Date:
09 Mar 1982
AUCKLAND INVESTIGATIONS LIMITED (426292) Struck off NZ Limited Company
17 Corinthian Drive, Albany, Auckland, New Zealand
Incorporation Date:
14 Jul 1989
AUCKLAND INVESTIGATIONS LIMITED (2249745) Registered NZ Limited Company
24-26 Pollen Street, Ponsonby, Auckland, 1021, New Zealand
Incorporation Date:
16 Jun 2009

BRUCE, Shaughan Adrian
was the original Private Investigator investigating this ACC claimants claim.
http://www.business....l=false#results

Dennis Brett Bodle - known as Brett, was the district manager
of Rotorua http://www.acc.co.nz
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